SHARED APPRECIATION AGREEMENTS Senate SponsorsSen. Sara Feigenholtz, Laura M. Murphy and Mary Edly-Allen House Sponsors(Rep. Margaret Croke) 8/9/2024SenatePublic Act . . . . . . . . . 103-1015 205 ILCS 635/1-4205 ILCS 635/5-12.5 new765 ILCS 77/72765 ILCS 77/73Amends the Residential Mortgage License Act of 1987. Provides that, prior to taking any legally binding action on a shared appreciation agreement, the borrower or borrowers shall be provided specified counseling regardless of the county in which the property is located. Provides that the borrower may not waive counseling. Provides that the Secretary of Financial and Professional Regulation may adopt rules relating to shared appreciation agreements. Defines "shared appreciation agreement", and includes shared appreciation agreements within the definition of "Mortgage loan", "residential mortgage loan", or "home mortgage loan". Amends the Residential Real Property Disclosure Act. Provides that, for each loan for which the originator takes an application, the broker or originator must submit for inclusion in the predatory lending database whether the borrower has entered into a shared appreciation agreement. Provides that a borrower or borrowers subject to specified provisions shall be recommended for counseling if the Department of Financial and Professional Regulation finds the borrower or borrowers are all first-time homebuyers or refinancing a primary residence and the loan is a mortgage that includes a shared appreciation agreement. Effective immediately.Senate Committee Amendment No. 1 Adds reference to:765 ILCS 77/70Further amends the Residential Real Property Disclosure Act. In provisions concerning the predatory lending database program, changes a reference to another Act in a definition.Senate Floor Amendment No. 2 Deletes reference to:765 ILCS 77/72765 ILCS 77/73Replaces everything after the enacting clause. Amends the Residential Mortgage License Act of 1987. Provides that, prior to taking any legally binding action on a shared appreciation agreement, the borrower or borrowers shall be provided specified counseling regardless of the county in which the property is located. Provides that the borrower may not waive counseling. Provides that the Secretary of Financial and Professional Regulation may adopt rules relating to shared appreciation agreements. Defines "shared appreciation agreement", and includes shared appreciation agreements within the definition of "mortgage loan", "residential mortgage loan", or "home mortgage loan". Defines "shared appreciation agreement" as a writing evidencing a transaction or any option, future, or any other derivative between a person and a consumer is which the consumer receives money or any other item of value in exchange for an interest or future interest in a dwelling or residential real estate or a future obligation to repay a sum on the occurrence of an event, such as (i) the transfer of ownership, (ii) a repayment maturity date, (iii) the death of the consumer, or (iv) any other event contemplated by the writing. Amends the Residential Real Property Disclosure Act. Defines "counseling". Effective immediately. 2/9/2024SenateFiled with Secretary by Sen. Sara Feigenholtz 2/9/2024SenateFirst Reading 2/9/2024SenateReferred to Assignments 2/20/2024SenateAssigned to Judiciary 3/4/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz 3/4/2024SenateSenate Committee Amendment No. 1 Referred to Assignments 3/5/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary 3/6/2024SenateSenate Committee Amendment No. 1 Postponed - Judiciary 3/6/2024SenatePostponed - Judiciary 3/12/2024SenateSenate Committee Amendment No. 1 Adopted 3/13/2024SenateDo Pass as Amended Judiciary; 009-000-000 3/13/2024SenatePlaced on Calendar Order of 2nd Reading March 14, 2024 3/15/2024SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Sara Feigenholtz 3/15/2024SenateSenate Floor Amendment No. 2 Referred to Assignments 3/20/2024SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary 3/21/2024SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-000-000 3/21/2024SenateSecond Reading 3/21/2024SenateSenate Floor Amendment No. 2 Adopted 3/21/2024SenatePlaced on Calendar Order of 3rd Reading March 22, 2024 4/10/2024SenatePlaced on Calendar Order of 3rd Reading ** 4/10/2024SenateAdded as Co-Sponsor Sen. Laura M. Murphy 4/11/2024SenateAdded as Co-Sponsor Sen. Mary Edly-Allen 4/12/2024SenateThird Reading - Passed; 059-000-000 4/12/2024HouseArrived in House 4/12/2024HouseChief House Sponsor Rep. Margaret Croke 4/15/2024HouseFirst Reading 4/15/2024HouseReferred to Rules Committee 4/24/2024HouseAssigned to Financial Institutions and Licensing Committee 4/30/2024HouseDo Pass / Short Debate Financial Institutions and Licensing Committee; 012-000-000 5/1/2024HousePlaced on Calendar 2nd Reading - Short Debate 5/8/2024HouseSecond Reading - Short Debate 5/8/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/17/2024HouseThird Reading/Final Action Deadline Extended-9(b) May 24, 2024 5/23/2024HouseThird Reading - Short Debate - Passed 110-000-000 5/23/2024SenatePassed Both Houses 6/21/2024SenateSent to the Governor 8/9/2024SenateGovernor Approved 8/9/2024SenateEffective Date January 1, 2025 8/9/2024SenatePublic Act . . . . . . . . . 103-1015