310 ILCS 45/ Illinois Mortgage Insurance Fund Act. - Illinois Statutes

(310 ILCS 45/1) (from Ch. 67 1/2, par. 801)     Sec. 1. This Act may be cited as the Illinois Mortgage Insurance Fund Act. (Source: P.A. 86‑1475.)

(310 ILCS 45/2) (from Ch. 67 1/2, par. 802)     Sec. 2. The General Assembly hereby finds, determines and declares:     (a) That there exists throughout the State a seriously inadequate supply of safe, sanitary and affordable housing accommodations for persons and families of low and moderate income in multiple‑unit dwellings;     (b) That this inadequate supply of safe, sanitary and affordable housing accommodations is a serious menace to the health, safety, morals and general welfare of the people of the State;     (c) That a deficiency of mortgage financing is one of the causes of the above condition;     (d) That if mortgage insurance were available to insure qualified lending institutions against losses on mortgage loans, the flow of private investment capital into multiple‑unit new construction and rehabilitated housing would be stimulated and the supply of safe, sanitary and affordable housing would be increased.     It is hereby declared to be the policy of the State, in the interest of promoting the health, safety, morals and general welfare of the people of the State, to provide safe, sanitary and affordable housing accommodations for low and moderate income persons and families of the State by making available through the Illinois Mortgage Insurance Agency, hereinafter created, funds to insure qualified mortgages on residential structures of more than 5 units. (Source: P.A. 83‑1392.)

(310 ILCS 45/3) (from Ch. 67 1/2, par. 803)     Sec. 3. The following terms, whenever used or referred to in this Act, shall have the following meanings, except in such instances where the context may clearly indicate otherwise:     (a) "Agency" means the public body, corporate and politic, created by this Act.     (b) "Eligible Urban and Rural Areas" means each census tract in the State in which the median household income is less than or equal to 80% of the median household income for the entire State.     (c) "Mortgage Insurance Fund" means the mortgage insurance fund established pursuant to Section 5.     (d) "Mortgagor" means the original borrower under a qualified mortgage pursuant to Section 8, and its successors and assigns approved by the Agency.     (e) "Qualified Lending Institution" means any bank, trust company, national bank, savings bank, State or federal savings and loan association, State or federal credit union, insurance company, private or public pension fund, philanthropic institution or any other entity approved by the Agency.     (f) "Qualified Mortgages" means the mortgages made to qualified lending institutions and approved by the Agency pursuant to Section 8. (Source: P.A. 83‑1392.)

(310 ILCS 45/4) (from Ch. 67 1/2, par. 804)     Sec. 4. There is hereby created a body corporate and politic which shall be an agency of the State of Illinois by the name of the Illinois Mortgage Insurance Agency, whose powers shall be vested in a body consisting of 5 members appointed by the Governor with the advice and consent of the Senate. The members of the Agency shall elect one of their member Chairman of the Agency.     All members shall hold office for a term of 4 years commencing on December 1, 1984. However, in case of an appointment to fill a vacancy when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate. (Source: P.A. 83‑1392.)

(310 ILCS 45/5) (from Ch. 67 1/2, par. 805)     Sec. 5. There is hereby created the Mortgage Insurance Fund. The Agency shall have custody of the Mortgage Insurance Fund, which shall be held outside of the State Treasury; custody may be transferred by the Agency to and held by any bank, trust company or other fiduciary with whom the Agency executes an agreement. The Agency shall be responsible for the investment and safekeeping of all monies and securities held in the Mortgage Insurance Fund. The Mortgage Insurance Fund, or any portion thereof against which a claim has been made, shall be held for the benefit of the qualified lending institutions of the qualified mortgages insured under this Act.     There shall be deposited in the Mortgage Insurance Fund such amounts, including, but not limited to:     (a) All premiums and other receipts from any applicable contract or agreement entered into by the Agency pursuant to Section 6; and     (b) Any other monies made available to the Mortgage Insurance Fund.     Amounts in the Mortgage Insurance Fund shall be used in accordance with this Act to satisfy any valid claim payable therefrom and may be used for any other purpose determined by the Agency to be appropriate, including the payment of administration costs incurred in the management of the Mortgage Insurance Fund.     Any amounts in the Mortgage Insurance Fund not currently needed to meet the obligations of the Mortgage Insurance Fund may be invested as provided by law in obligations designated by the Agency, and all income from such investments shall therefore become a part of the Mortgage Insurance Fund. (Source: P.A. 83‑1392.)

(310 ILCS 45/6) (from Ch. 67 1/2, par. 806)     Sec. 6. The Agency shall have the following powers:     (a) To establish application fees and prescribe application, notification, contract and insurance forms, rules and regulations it deems necessary or appropriate;     (b) To insure and make advance commitments to insure all or any part of the payments required on qualified mortgages upon such terms and conditions as the Agency may prescribe in accordance with this Act. Such insurance provided by the Agency shall be payable solely and only from the Mortgage Insurance Fund created by Section 5 and shall not constitute a debt or pledge of the full faith and credit of the State or any political subdivision thereof; the Agency shall not insure or make advance commitments to insure payments if the balance of the Mortgage Insurance Fund is less than $5,000,000;     (c) To enter into commitments to insure qualified mortgages and contracts of mortgage insurance and to fulfill its obligations and enforce its rights under any insurance so furnished as provided in this Act and such rules and regulations as may be adopted by the Agency;     (d) To foreclose any mortgage in default or commence any action to protect or enforce any rights conferred upon the Agency;     (e) To hold, manage, administer, lease or sell any property conveyed to or acquired by the Agency;     (f) To charge reasonable fees to defray the cost of issuing mortgage insurance in such amounts at such times as the Agency shall determine;     (g) To hire and retain such employees, financial advisors, real estate experts, accountants, appraisers and attorneys as may be required by the Agency, to determine their qualifications, to define their duties and to fix their compensation which may be paid from monies on deposit in the Mortgage Insurance Fund and earnings thereon, all notwithstanding the provisions of any other law; and     (h) To exercise such other powers as are necessary or incidental to the foregoing. (Source: P.A. 83‑1392.)

(310 ILCS 45/6.1) (from Ch. 67 1/2, par. 806.1)     Sec. 6.1. The Agency shall undertake such studies, investigations and research as are required to identify the needs of the homeless mentally ill persons of this State, and the programs and funding sources necessary to meet the needs of the homeless mentally ill persons, and the available programs and funding sources to address such needs. The Agency shall make a report containing its finding and recommendations to the General Assembly and the Governor on or before February 1, 1988. (Source: P.A. 85‑569.)

(310 ILCS 45/7) (from Ch. 67 1/2, par. 807)     Sec. 7. (a) The Agency shall adopt regulations specifying the percentage of the outstanding principal indebtedness which may be insured under this Act with respect to each category of mortgages authorized to be insured under this Act. Mortgages may be insured only for such percentage of the amount of risk as the Agency determines is necessary to induce qualified lending institutions to make such mortgages for the purposes specified in this Act.     (b) To qualify for mortgage insurance, a borrower shall be, or by reason of a mortgage insured pursuant to this Act shall become, the owner of the residential structure of more than 5 units for which an insured mortgage is authorized and shall be able to bear the usual expenses of maintaining such structure and repay the mortgage. The Agency may, by rule, establish such additional requirements as it shall deem necessary to accomplish the purposes of this Section.     (c) For the purpose of increasing the efficiency and minimizing the cost of the mortgage insurance program, the Agency may insure or issue commitments to insure mortgages upon the certification of an officer of a qualified lending institution that the borrower is qualified for mortgage insurance according to eligibility requirements specified by the rules of the Agency. However, the Agency shall authorize such certification only for mortgages with respect to which the qualified lending institution retains a substantial portion of the total risk.     (d) Maximum mortgage amounts shall be established by rule by the Agency, consistent with the findings and declarations in this Act. (Source: P.A. 83‑1392.)

(310 ILCS 45/8) (from Ch. 67 1/2, par. 808)     Sec. 8. The Agency shall allocate not less than 75% of its available mortgage insurance assistance to eligible urban and rural areas throughout the State. The Agency shall establish priorities for the allocation of mortgage insurance assistance, taking into account the following factors:     (a) The impact of mortgage insurance assistance in upgrading substandard residential multiple‑unit structures to decent, safe and sanitary condition.     (b) The impact of mortgage insurance assistance in increasing the housing stock in areas of demonstrated need.     (c) The impact of mortgage insurance assistance in stabilizing urban and rural geographical areas and preventing or arresting the process of deterioration.     (d) The impact of mortgage insurance assistance in effectuating the efficient utilization of commitments of housing subsidies, when available, thereby increasing housing opportunities for very low income persons and families.     (e) The availability and feasibility of alternative means to achieve substantially the same results as mortgage insurance assistance.     (f) Opportunities for co‑insurance or reinsurance of bonds and mortgages.     (g) The needs of other State and municipal housing programs.     (h) The availability of sufficient moneys in the Mortgage Insurance Fund. (Source: P.A. 83‑1392.)

(310 ILCS 45/9) (from Ch. 67 1/2, par. 809)     Sec. 9. In order to classify a mortgage as a qualified mortgage under this Act, the Agency must first find:     (a) That the property which is the security for such mortgage meets the requirements established in Section 8;     (b) That the mortgagor is responsible and credit‑worthy;     (c) That the mortgage is in such principal amount and form, and contains such terms and provisions with respect to property insurance, repairs, alterations, payment of taxes and assessments, delinquency charges, default remedies, additional security and other matters as the Agency shall determine, giving due regard to the intent of this Act to assist persons and families of low and moderate income so long as assistance under this Act shall be provided; and     (d) That the public interest is adequately protected by the terms of the mortgage insurance contract or other agreements. (Source: P.A. 83‑1392.)

(310 ILCS 45/10) (from Ch. 67 1/2, par. 810)     Sec. 10. The Agency shall establish procedures to be followed by a mortgagee in the event of a default under the terms of any mortgage insured by the Agency. The Agency may require that prior to submitting a claim to it for payment of insurance, the mortgagee pursue such actions with respect to the mortgaged property as may be specified by the Agency. (Source: P.A. 83‑1392.)

(310 ILCS 45/11) (from Ch. 67 1/2, par. 811)     Sec. 11. The Agency and the Mortgage Insurance Fund created hereunder shall not be subject to the Illinois Insurance Code, as amended. (Source: P.A. 83‑1392.)