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On June 26, the Illinois governor issued Executive Order 2020-44, which reissues several executive orders issued to date, and extends a majority of the provisions therein through July 26, 2020. Among other things, the executive order extends Executive Order 2020-30, previously covered here, which prohibits residential evictions, subject to certain limited exceptions, through July 26.
On June 23, the Illinois Department of Financial and Professional Regulation announced that recordings of webinars offered to lenders and businesses on June 18 concerning the federal Paycheck Protection Program Loan Forgiveness Application are available online.
Illinois Department of Financial and Professional Regulation issues guidance to credit unions regarding deferral of an appraisal or written estimate of market value
On May 1, the Illinois Department of Financial and Professional Regulation issued guidance to credit unions regarding the deferral of an appraisal or written estimate of market value to allow credit unions to continue to extend loans to households and businesses during the Covid-19 crisis. The guidance notes that the National Credit Union Administration (NCUA) Board promulgated an interim final rule allowing a federal credit union to temporarily defer certain appraisals and written estimates of market value for up to 120 days after closing when other alternatives are not available and when the appraisal or evaluation would delay the closing of the transaction, and states its intention to promulgate a substantially similar rule. Until the rule has been promulgated and finalized, the department does not intend to take adverse supervisory or enforcement action against an Illinois state-chartered credit union for deferring the appraisal or written estimate of market value for appropriate transactions up to 120 days from the date of closing, subject to certain exceptions. The guidance provides additional requirements for credit unions to follow when seeking to take advantage of this exemption.
Illinois Department of Financial and Professional Regulation announces initiative to facilitate cashing of stimulus checks
On May 1, 2020, the Illinois Department of Financial and Professional Regulation announced plans to provide new options for unbanked Illinoisans to cash their stimulus checks for free. The announcement highlights some of the banks that are willing to offer such services and provides resources that consumers can consult in connection with receiving their economic impact payments.
Illinois issues executive order amending and reissuing remote notarization and witnessing guidelines
On April 30, the Illinois governor issued an executive order amending and reissuing guidelines relating to remote notarization and witnessing. The guidelines are extended through May 29, 2020.
Illinois Department of Financial and Professional Regulation extends deadline for submission of financial statements for certain money transmitter licensees
On April 30, the Illinois Department of Financial and Professional Regulation issued guidance to persons or entities licensed pursuant to the Transmitter of Money Act (TOMA) regarding the submission of financial documents. TOMA licensees who are required to submit financial documents for renewal for the calendar year 2020 are granted an extension of 180 days after the licensee’s fiscal year for the submission of financial statements. All other requests for an extension of time will be considered on a case-by-case basis.
On April 30, the governor of Illinois issued an executive order that continues a previous stay at home order. The order requires nonessential businesses activities and operations to cease, with limited exceptions, such as operating exclusively through employees working at their own residences. Essential businesses may remain open, but are required to evaluate whether employees can work from home, and are required to comply with social distancing and other health-related requirements while operating. A wide range of financial institutions and their affiliates are considered essential businesses. The order took effect on March 1.
The Illinois Department of Financial and Professional Regulation has issued responses to frequently asked questions regarding the expansion of payment relief for student borrowers. The FAQs provide guidance to borrowers regarding relief options with respect to student loans.
On April 23, the Illinois governor issued an executive order prohibiting residential evictions, with certain limited exceptions. Law enforcement officers in Illinois are also instructed to cease enforcement of orders of eviction for certain non-residential premises. The executive order does not relieve an individual or entity of an obligation to pay rent or comply with any other obligation in the lease or rental agreement. The executive order will remain in effect for the duration of the gubernatorial disaster proclamations.
On April 23 and 21, nine states announced a multi-state initiative to provide student loan relief options for borrowers with privately held student loans not covered by the CARES Act. California, Colorado, Connecticut, Illinois, Massachusetts, New Jersey, Vermont, and Washington outlined within their announcements specific measures for borrowers with commercially-owned Federal Family Education Loan Program loans and borrowers with private student loans who are struggling to make payments due to the Covid-19 pandemic. The announcements also noted that Virginia is participating in the initiative as well. These relief options, offered in conjunction with the listed private student loan servicers, include (i) a minimum 90-days of forbearance relief; (ii) a waiver of late fees; (iii) no negative credit reporting; (iv) a 90-day moratorium on collection lawsuits; and (v) enrollment in applicable borrower assistance programs, such as income-based repayment. The states cautioned that enrollment in these relief options is not automatic, and recommended borrowers contact their student loan servicer to see what options best suit their needs.
In addition, California, Colorado, Connecticut, New Jersey, Vermont, and Washington recommended that regulated student loan servicers with limited ability to take these actions due to investor restrictions or contractual obligations “should instead proactively work with loan holders whenever possible to relax those restrictions or obligations.”
- Daniel R. Alonso to discuss "When can trial lawyers take their case to the public? The Harvey Weinstein case and beyond" at a New York City Bar Association webcast
- Jonice Gray Tucker to discuss "Fair servicing in wake of Covid-19" at an American Bar Association webinar
- APPROVED Webcast: Maximizing vendor value
- Daniel P. Stipano to discuss "Cram for the exam: Best prep strategies for a regulatory examination" at an ACAMS webinar
- Melissa Klimkiewicz to discuss "Flood insurance basics" at the NAFCU Virtual Regulatory Compliance School
- Sasha Leonhardt to discuss "Privacy laws clarified" at the National Settlement Services Summit (NS3)