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The Crane Case – Illinois Mortgages Required to Include Interest Rate?

The Illinois bankruptcy court has ruled that the inclusion in a mortgage of the interest rate, maturity date and identification of the note, which are items merely suggested by Illinois statute in 765 ILCS 5/11, are actually required to prevent challenges from purchasers and bankruptcy trustees. In re Crane, 11-09067 (U.S. Bankr. Ct., C.D. Ill). In June, 2012, this case was appealed to the U.S. District Court with briefs filed by banking and title company associations setting forth reasons for overturning the ruling. There is also legislation pending to amend the existing statute to clarify that failure to include an interest rate or maturity date will not invalidate an Illinois mortgage. SB3522. However, until the case is overturned or the pending legislation is approved, lenders making loans secured by Illinois mortgages may and should require the inclusion of interest rates and maturity dates in Illinois mortgages.

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