Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 385 - FORECLOSURE PREVENTION PROGRAM › Subpart A - GENERAL RULES › Section 385.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms used in this Part shall have the
				  following definitions:
"Act": The Illinois Housing Development Act [20 ILCS 3805
				  ].
"Administering Agency" or "Administering Agencies": The
				  Community-Based Organizations and the Counseling Agencies.
"Agency" or "Agencies": The Authority or the City.
"Applicant": A prospective Administering Agency making an
				  Application for a Grant.
"Application": An application to an Agency on the Agency's
				  form for a Grant completed by a prospective Administering Agency.
"Appropriation": The annual Appropriation of funds from the
				  Foreclosure Prevention Fund, to the Illinois Department of Revenue for the
				  Authority, by the Illinois General Assembly for the Program and any other funds
				  appropriated for this purpose.
"Attorney General": The Attorney General of the State.
"Auditor General": The Auditor General of the State.
"Authority": The Illinois Housing Development
				  Authority.
"City": The City of Chicago.
"Commitment": A contract executed by an Agency and an
				  Administering Agency under which the Agency agrees to make a Grant to the
				  Administering Agency. Each Commitment shall contain a provision to the effect
				  that the Authority shall not be obligated to provide funds under the Commitment
				  if the Authority has not received sufficient funds from an
				  Appropriation.
"Community-Based Organization": A not-for-profit entity that
				  provides educational and financial information to residents of a community
				  through in-person contact. A Community-Based Organization does not include a
				  not-for-profit corporation or other entity or person that provides legal
				  representation or advice in a civil proceeding or court-sponsored mediation
				  services, or a governmental agency.
"Computer and Equipment Expenses": Computer and equipment
				  costs incurred by an Administering Agency or the City, as applicable, in
				  connection with the administration of the Grant.
"Counseling Agencies": Shall have the meaning set forth in
				  Section
				  385.302.
"Eligible Uses": Shall have the meaning set forth in Section
				  385.303.
"Foreclosure Prevention Fund": Fund created in the State
				  treasury for the collection of a fee of $50 paid by a plaintiff at the time of
				  a filing of a foreclosure complaint in connection with residential real
				  estate.
"Foreclosure Prevention Outreach Program": A program
				  developed by a Community-Based Organization that includes in-person contact
				  with residents to provide pre-purchase and post-purchase home ownership
				  counseling and education about the foreclosure process and the options of a
				  mortgagor in a foreclosure proceeding, as well as programs developed by the
				  Authority or Community-Based Organization in conjunction with a State or
				  federally chartered financial institution.
"General Operational Expenses": Operational costs incurred by
				  an Administering Agency or the City in connection with the administration of
				  the Grant.
"Grant": The portion of the Appropriation granted by an
				  Agency to the Administering Agencies for Eligible Uses under the
				  Program.
"Housing Counseling": In-person counseling provided by a
				  counselor employed by a Counseling Agency to all homeowners, or documented
				  telephone counseling if a hardship would be imposed on one or more homeowners.
				  A hardship shall exist in instances in which the homeowner is confined to his
				  or her home due to medical condition, as verified in writing by a physician, or
				  the homeowner resides 50 miles or more from the nearest approved Counseling
				  Agency. In instances of telephone counseling, the homeowner must supply all
				  necessary documents to the counselor at least 72 hours prior to the scheduled
				  telephone counseling session.
"HUD": The U.S. Department of Housing and Urban
				  Development.
"Program": The Foreclosure Prevention Program authorized by
				  Section 7.30 of the Act.
"State": The State of Illinois.
"Statewide Activities": Shall have the meaning set forth in
				  Section
				  385.303(c).
"Technical Assistance": Costs incurred by an Administering
				  Agency or the City, as applicable, for:
planning for Foreclosure Prevention Outreach Program or
				  Housing Counseling; or
assistance with an Application.