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(815 ILCS 205/4.1) (from Ch. 17, par. 6405)
Sec. 4.1. The term "revolving credit" means an arrangement, including by
means of a credit card as defined in Section 17-0.5 of the Criminal Code of 2012 between a lender and debtor pursuant to which it is contemplated or
provided that the lender may from time to time make loans or advances to or
for the account of the debtor through the means of drafts, items, orders
for the payment of money, evidences of debt or similar written instruments,
whether or not negotiable, signed by the debtor or by any person authorized
or permitted so to do on behalf of the debtor, which loans or advances are
charged to an account in respect of which account the lender is to render
bills or statements to the debtor at regular intervals (hereinafter
sometimes referred to as the "billing cycle") the amount of which bills or
statements is payable by and due from the debtor on a specified date stated
in such bill or statement or at the debtor's option, may be payable by the
debtor in installments. A revolving credit arrangement which grants the
debtor a line of credit in excess of $5,000 may include provisions
granting the lender a security interest in real property or in a
beneficial interest in a land trust to secure amounts
of credit extended by the lender.
Credit extended or available under a revolving credit plan operated in
accordance with the Illinois Financial Services Development Act shall be
deemed to be "revolving credit" as defined in this Section 4.1 but shall not
be subject to Sections 4.1a, 4.2 or 4.3 hereof.
Whenever a lender is granted a security interest in real property or
in a beneficial interest in a land trust, the lender shall disclose the
existence of such interest to the borrower in compliance with the Federal
Truth in Lending Act, amendments thereto, and any regulations issued or
which may be issued thereunder, and shall agree to pay all expenses,
including recording fees and otherwise, to release any such security interest
of record whenever it no longer secures any credit under a revolving credit
arrangement. A lender shall not be granted a security interest in any real
property or in any beneficial interest in a land trust under a
revolving credit arrangement, or if any such security interest
exists, such interest shall be released, if a borrower renders payment of
the total outstanding balance due under the revolving credit arrangement
and requests in writing to reduce the line of credit below that
amount for which a security interest in real property or in a beneficial
interest in a land trust may be required by
a lender. Any request by a borrower to release a security interest under a
revolving credit arrangement shall be granted by the lender provided the
borrower renders payment of the total outstanding balance as required by
this Section before the security interest of record may be released.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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