(50 ILCS 465/1)
Sec. 1.
Short title.
This Act may be cited as the Local Government Housing Finance Act.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/5)
Sec. 5.
Definitions.
In this Act:
"Appraised value" means the fair market value of a home determined in
accordance with generally accepted procedures and standards applicable to the
appraisal of real property.
"Authority" means any county or any municipality in this State.
"Bonds" means any revenue bonds authorized under this Act and payable
as provided under this Act.
"Corporate authorities" means the county board or the corporate authorities
of a municipality as defined in the Illinois Municipal Code.
"Home" means real property and improvements on real property located within
the Authority consisting of not more than 4 dwelling units, including, but not
limited to, condominium units owned by one mortgagor who occupies or intends to
occupy one of the units.
"Home mortgage loan" means an interest-bearing loan to a mortgagor evidenced
by a promissory note and secured by a mortgage on a home purchased or
originated in accordance with this Act made for the purpose of acquiring a home
having a purchase price less than the maximum home value.
"Lender" means any lending institution participating in a residential housing
finance plan as the originator of home mortgage loans.
"Lending institution" means any bank, bank holding company, credit union,
trust company, savings bank, national banking association, savings and loan
association, building and loan association, mortgage banker, or other financial
institution that customarily provides service or otherwise aids in the
financing of home mortgages, or any holding company for any of the foregoing.
"Maximum home value" means the amount determined by the corporate
authorities.
"Mortgagor" means a person of low or moderate income who has received or
qualifies to receive a home mortgage loan on a home.
"Ordinance" means an ordinance adopted and approved by the corporate
authorities of an Authority.
"Purchase price" means the actual consideration paid to the seller of a home.
"Person" means a natural person or persons or a trust, provided that the
trust is for the benefit of a natural person or members of that person's
immediate family.
"Participation commitment" means any undertaking or agreement by a lending
institution to participate in the implementation of a residential housing
finance plan.
"Persons of low or moderate income" means a person or family (consisting of
one or more persons all of whom occupy or will occupy the home) whose aggregate
gross income including the gross income of any co-signer or guarantor of the
promissory note made in connection with the making of a home mortgage loan does
not exceed a maximum amount to be established by the corporate authorities and
determined in accordance with appropriate criteria, rules, and regulations,
approved by the corporate authorities in connection with the implementation of
a residential housing finance plan.
"Residential housing finance plan" means a program implemented under this
Act by an Authority to assist persons of low or moderate income in acquiring
safe, decent, and sanitary housing that they can afford.
"State" means the State of Illinois.
"Trustee" means any State or national bank or trust company, having trust
powers, located within or outside the State of Illinois, that may be appointed
to act in any capacity with respect to a residential housing finance plan and
the issuance of bonds to finance that plan whether designated as a trustee,
custodian, or administrator.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/10)
Sec. 10.
Powers.
In addition to powers that an Authority may now
have, Authorities have the following powers:
(a) To acquire, and to contract and enter into advance commitments to
acquire, directly or indirectly, home mortgages owned by lending institutions
at any prices and upon any other terms and conditions that are determined by
the Authority or trustee that the Authority designates as its agent.
(b) To make and execute contracts with lending institutions for the
origination and servicing of home mortgage loans on behalf of an Authority and
to pay the reasonable value of services rendered in accordance with those
contracts.
(c) To make loans to lenders to enable those lenders to make home mortgage
loans in accordance with this Act.
(d) To establish, by rules, regulations, or ordinances relating to the
issuance of bonds or in any financing documents relating to the issuance of
bonds, any standards and requirements applicable to the purchase of home
mortgage loans or the origination of home mortgage loans or loans to lenders
that the Authority deems necessary or desirable to effectuate the public
purposes of this Act, including but not limited to: (i) the time within which
lending institutions must make participation commitments and make disbursements
for home mortgage loans; (ii) the terms and conditions of home mortgage loans
to be acquired or originated; (iii) the standards and criteria to be applied by
the Authority in defining persons of low or moderate income; (iv) the amounts
and types of insurance coverage required on homes, home mortgage loans, and
bonds; (v) the representations and warranties to be required of persons and
lending institutions as evidence of compliance with the standards and
requirements; (vi) restrictions as to interest rate and other terms of home
mortgage loans or the return realized therefrom by lending institutions; (vii)
the type and amount of collateral security to be provided to assure repayment
of any loans to lenders by the Authority and to assure repayment of bonds; and
(viii) any other matters related to the purchase or origination of home
mortgage loans or the making of loans to lenders that shall be deemed relevant
or necessary by the corporate authorities.
(e) To require from each lending institution from which home mortgage loans
are to be purchased or that will originate home mortgage loans on behalf of the
Authority or from lenders to which loans are made the submission, at the time
of making participation commitments, of evidence satisfactory to the Authority
of the ability and intention of the lending institutions to make home mortgage
loans and the submission, within the time specified by the Authority for making
disbursements for home mortgage loans, of evidence satisfactory to the
Authority of the making of home mortgage loans and of compliance with any
standards and requirements established by the Authority.
(f) To require that a lending institution or lender furnish, prior to or
concurrent with the delivery of any participation commitment by a lending
institution, a commitment fee in the form of a cash deposit, letter of credit,
promissory note, surety bond, or other instrument approved by the corporate
authorities executed by or on behalf of the lending institution, in an amount
to be determined by the corporate authorities.
(g) To issue its bonds to defray, in whole or in part, (i) the cost of
acquiring or originating home mortgage loans or making loans to lenders in
order to enable them to make home mortgage loans; (ii) if deemed necessary or
advisable, the cost of paying interest on bonds during a reasonable period
necessary to acquire or originate the home mortgage loans or to make the loans
to the lender; (iii) the costs of studies and surveys, insurance premiums,
underwriting fees, legal, accounting, and marketing services incurred in
connection with the issuance and the sale of the bonds, including amounts
required to establish reasonably necessary bond and interest reserve accounts,
and trustee, custodian, and rating agency fees; (iv) the costs of reasonable
reserves; and (v) any other costs that are reasonably related to the foregoing.
(h) To authorize the sale or other disposition of any home mortgage loan, in
whole or in part, upon any terms, at any price and time, and from time to time,
as may be necessary to assure that the revenues and receipts to be derived with
respect to the home mortgage loans, together with any insurance proceeds, funds
held in reserve accounts, and earnings thereon, shall produce and provide
revenues and receipts at least sufficient to provide for the prompt payment of
the principal, redemption premiums, if any, and interest at maturity of all
bonds issued pursuant to this Act or to otherwise authorize the sale or other
disposition of any home mortgage loan after the bonds have been paid or deemed
to be paid.
(i) To pledge any revenues and receipts to be received from any home
mortgage loans to the punctual payment of bonds authorized under this Act, and
the interest and redemption premiums, if any, on the bonds.
(j) To mortgage, pledge, or grant security interests in any home mortgage
loans, notes, or other property in favor of the holder or holders of bonds
issued therefor.
(k) To issue its bonds in any amount that may be necessary (and not limited
by the amount of bonds refunded) for the purpose of refunding, in whole or in
part, at any time, bonds previously issued, the proceeds of which refunding
bonds may be used, at the discretion of the corporate authorities, for paying
bonds at maturity, calling bonds for payment, and paying bonds prior to
maturity, or for deposit into an escrow or trust fund in advance of maturity of
bonds to be held for payment thereof at maturity or earlier.
(l) To appoint or designate a trustee or trustees for the benefit of the
bondholders and to delegate and assign thereto, insofar as it may lawfully do
so, its rights, duties, and responsibilities with respect to carrying out and
enforcing the terms and provisions of its residential housing finance plan.
(m) To provide for and authorize the use and disposition of any funds
remaining in the possession of the Authority or its trustees following payment
and retirement of the bonds of a designated series issued under this Act.
(n) To make and execute contracts and other instruments necessary or
convenient to the exercise of any of the powers granted in this Act.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/15)
Sec. 15.
Ordinance authorizing exercise of powers.
The exercise of any or
all powers granted by this Act shall be authorized and the bonds shall be
authorized to be issued under this Act for the purposes set forth in this Act,
by an ordinance adopted by the corporate authorities that takes effect
immediately upon adoption. The ordinance shall set forth a finding and
declaration (i) of the public purpose therefor and (ii) that the ordinance is
adopted pursuant to this Act, which finding and declaration shall be conclusive
evidence of the existence and sufficiency of the public purpose and of the
power to carry out and give effect to the public purpose.
The bonds shall bear interest at any rate or rates without regard to any
other law pertaining to interest rate limitations, may be payable at any time
or times, may be in one or more series, may bear any date or dates, may mature
at any time or times not exceeding 40 years from their respective dates, may be
payable in any medium of payment at any place or places, may carry any
registration privileges, may be subject to any terms of redemption at any
premiums, may be executed in any manner, may contain any terms, covenants, and
conditions, and may be in any form, either coupon or registered, that the
corporate authorities shall provide. The bonds may be sold at public or
private sale at any price, in any manner and upon any terms that the corporate
authorities may authorize, and may be issued to the purchaser or purchasers of
bonds sold under this Act. The bonds and interim notes shall be deemed to be
securities and negotiable instruments within the meaning of and for all
purposes of the Uniform Commercial Code.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/20)
Sec. 20.
Covenants.
Any ordinances authorizing the issuance of the bonds
under this Act may contain covenants regarding (i) the use and disposition of
the revenues and receipts from any home mortgage loans for which the bonds are
to be issued, including the creation and maintenance of any reasonable and
adequate reserves that the corporate authorities may determine; (ii) the
insurance to be carried on any home mortgage loan or bonds and the use and
disposition of the proceeds of that insurance; (iii) the appointment of one or
more trustees for the benefit of the bondholders, paying agents, or bond
registrants; (iv) the investment of any funds held by the trustee or lender,
notwithstanding any other law to the contrary; (v) the maximum rate payable on
any home mortgage loan; and (vi) the terms and conditions upon which the
holders of the bonds or any portion of the bonds, or any trustees for the
bonds, are entitled to the appointment of a receiver by a court of competent
jurisdiction, and any terms and conditions may provide that the receiver may
take possession of the home mortgage loans or any part thereof and maintain,
sell, or otherwise dispose of the home mortgage loans, prescribe other
payments, and collect, receive, and apply all income and revenues thereafter
derived therefrom. An ordinance authorizing the issuance of bonds under this
Act may provide that payment of the principal of, redemption premium, if any,
on and interest on any bonds issued under this Act shall be secured by a
mortgage, pledge, security interest, insurance agreement, or indenture of trust
of or with respect to any home mortgage loans and a lien upon the revenues and
receipts derived therefrom or from any notes or other obligations of lending
institutions with respect to which the bonds are issued. The mortgage, pledge,
security interest, insurance agreement, or indenture of trust constitute a
contract with the holder or holders of the bonds and continue in effect until
the principal of, the interest on, and the redemption premiums, if
any, on the bonds have been fully paid or provision made for the payment
of the bonds, and the duties of the Authority and its corporate authorities and
officers under this Act and any ordinance and any mortgage, pledge, security
interest, insurance agreement, or indenture of trust shall be enforceable as
provided therein by any bondholder by mandamus, foreclosure of any mortgage,
pledge, security interest, insurance agreement, or indenture of trust, or other
appropriate suit, action, or proceeding in any court of competent jurisdiction;
provided the ordinance or any mortgage, pledge, security interest, insurance
agreement, or indenture of trust under which the bonds are issued may provide
that all remedies and rights to enforcement may be vested in a trustee (with
full power of appointment) for the benefit of all the bondholders, which
trustee shall be subject to the control of any number of holders or owners of
any outstanding bonds as provided therein.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/25)
Sec. 25.
Signatures.
The bonds shall bear the manual or facsimile signatures
of any officers of the Authority that may be designated in the ordinance
authorizing the bonds and the signatures constitute the valid and binding
signatures of the officers, notwithstanding that before the delivery of and
payment for the bonds any or all of the persons whose signatures appear thereon
have ceased to be officers of the Authority. The validity of the bonds shall
not be dependent on nor affected by the validity or regularity of any
proceedings relating to the home mortgage loans acquired or made from proceeds
of the bonds. A recital in the bonds that they are issued pursuant to this Act
shall be conclusive evidence of their validity and of the regularity of their
issuance.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/30)
Sec. 30.
Pledges; validity.
Any pledge made to secure bonds shall be
valid and binding from the time when the pledge is made. The revenues and
receipts or property or interests in property pledged and thereafter received
by the Authority or trustee shall immediately be subject to the lien of the
pledge without any physical delivery of the pledge or further act, and the lien
of any such pledge shall be valid and binding as against all parties having
claims of any kind in tort, contract, or otherwise against the Authority or
trustee irrespective of whether the parties have notice thereof. Neither the
ordinance, nor any other instrument by which a pledge is created, need be
recorded.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/35)
Sec. 35.
Bonds; obligations of the Authority.
All bonds issued under
this Act shall be limited obligations of the Authority issuing the same,
payable solely from the (i) bond proceeds, (ii) revenues and receipts derived
from the home mortgage loans or from any notes or other obligations of persons
with respect to which the bonds are issued and secured by a mortgage, pledge,
security interest, insurance agreement, or indenture of trust of or with
respect to such home mortgage loans, (iii) certain insurance proceeds which
may relate to the bonds or the home mortgage loans, (iv) participation
fees, or (v) certain reserve funds. No Authority shall have any right
or authority to levy taxes to pay any of the principal of, redemption premium,
if any, or interest on any bonds issued pursuant to this Act or any
judgment against an Authority on account of the bonds. No holder of any bonds
issued under this Act shall have the right to compel any exercise of
the taxing power of any Authority to pay the bonds, the interest, or redemption
premium, if any, on the bonds, and the bonds shall not constitute an
indebtedness of the Authority, or a loan of the faith and credit of the
Authority, within the meaning of any constitutional or statutory provision, nor
shall the bonds be construed to create any moral obligation on the part of the
Authority to provide for the payment of the bonds. It shall be plainly stated
on the face of each bond that it has been issued under the provisions of this
Act and that it does not constitute an indebtedness of the Authority, or a loan
of the faith and credit of the Authority, within the meaning of any
constitutional or statutory provision. Bonds may be issued pursuant to this
Act without regard to (i) any statutory limitation as to bonded indebtedness
and shall not be included in computing total bonded indebtedness within the
meaning of any statutory limitation, (ii) any requirement of competitive
bidding or procedure for award of contracts applicable by any statute, (iii)
any requirement of publication of ordinance or other documents, or (iv) any
requirement of referendum or petition.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/40)
Sec. 40.
Personal liability; corporate authorities.
Neither the
members of the corporate authorities of an Authority, nor any official or
employee of the Authority, nor any person executing bonds issued under this Act
shall be liable personally for payment of the bonds or the interest or
redemption premium, if any, thereon or be subject to any personal liability or
accountability by reason of the issuance thereof.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/45)
Sec. 45.
Joint or cooperative action.
One or more Authorities (whether or not
any of them are home rule units) may join together or cooperate with one
another in the exercise, either jointly, on behalf of the Authorities, or
otherwise, of any one or more of the powers conferred upon Authorities under
this Act or other enabling acts or powers. The joint or cooperative action
shall be taken only in accordance with and pursuant to a written agreement
entered into between or among such cooperating parties.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/50)
Sec. 50.
Legal investments.
Notwithstanding any other provision of law,
bonds issued pursuant to this Act shall be legal investments for all trust
funds, insurance companies, savings and loan associations, investment
companies, and banks, both savings and commercial, and shall be legal
investments for executors, administrators, trustees, and all other fiduciaries.
The bonds shall be legal investments for State school funds and for any funds
which may be invested in county, municipal, or school district bonds, and such
bonds shall be deemed to be securities which may properly and legally be
deposited with, and received by, any State or municipal officer or by any
agency or political subdivision of the State for any purpose for which the
deposit of bonds or obligations of the State is now, or may hereafter, be
authorized by law, including deposits to secure public funds.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/55)
Sec. 55.
Interests of corporate officers or employees; participating
lending institutions. Notwithstanding the provisions of any other law to the
contrary, a member of the corporate authorities, or an officer or employee of
the Authority, may be an officer, employee, or stockholder of a lending
institution or lender participating in a residential housing finance plan of
the corporate authorities, provided the member (if a member of the corporate
authorities) declares such position or interest at a regular meeting of the
corporate authorities prior to passage of an ordinance establishing the plan
and abstains from voting on the ordinance.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/60)
Sec. 60.
Scope of additional powers.
The powers conferred by this Act are in
addition and supplemental to, and the limitations imposed by this Act shall not
affect, the powers conferred upon Authorities by any other law. This Act is
not a limitation upon the powers of home rule units. Home mortgage loans may
be acquired, purchased, and financed, and bonds may be issued under this Act
for those purposes, notwithstanding that any other law or power may provide for
the acquisition, purchase, and financing of like home mortgage loans, or the
issuance of bonds for like purposes, and without regard to the requirements,
restrictions, limitations, or other provisions contained in any law, including
any law relating to any requirement of competitive bidding or restriction
imposed on the sale or disposition of property or award of contracts. Nothing
in this Act shall be deemed or construed to prohibit the exercise of the powers
conferred upon Authorities in connection with the financing of federally
assisted housing for persons of low and moderate income.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/65)
Sec. 65.
Construction.
This Act is necessary for the health, welfare, and
safety of the State, its counties and municipalities, and its inhabitants;
therefore, it shall be liberally construed to effect its purposes.
(Source: P.A. 92-142, eff. 7-24-01.)
|
(50 ILCS 465/99)
Sec. 99.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 92-142, eff. 7-24-01.)
|