ILCS » Chapter 765 · Act 910

765 ILCS 910/1

This Act shall be known as the "Mortgage Escrow Account Act"

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(765 ILCS 910/1) (from Ch. 17, par. 4901)
    Sec. 1. This Act shall be known as the "Mortgage Escrow Account Act".
(Source: P.A. 79-625.)

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1996–2021 · leading case: Stern v. Norwest Mortgage, Inc.
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Stern v. Norwest Mortgage, Inc. (1997) ill · cites it 6× “Justice MILLER delivered the opinion of the court: Stephen Stern and his wife, Catherine Harth (plaintiffs), filed a class action in the circuit court of Cook County against Norwest Mortgage, Inc.”
Weatherman v. Gary-Wheaton Bank of Fox Valley, N.A. (1999) ill · cites it 2× “fee because: (1) defendant failed to inform plaintiffs until three or four days before the closing that it would charge plaintiffs a fee to manage their own escrow; and (2) the fee was unfair and unauthorized in that defendant misrepresented that the fee was a required charge…”
Weatherman v. Gary-Wheaton Bank of Fox Valley, N.A. (1996) illappct · cites it 3× “" To their motion to dismiss, they attached a copy of the Illinois Mortgage Escrow Account Act (765 ILCS 910/1 et seq. (West 1992)) (Escrow Act) that plaintiffs had signed on January 12, 1993.”
Bozek v. Bank of America, N.A. (2021) illappct “2d 160 (1997) (disagreement over legal interpretation of Mortgage Escrow Account Act (765 ILCS 910/1 et seq. (West 1992)) was not actionable as consumer fraud; “there must be a claim seated in deceptive acts rather than a reasonable difference of opinion as to the meaning of an…”
Stern v. Norwest Mortgage, Inc. (1996) illappct “Plaintiffs allege that defendant (1) violated the Illinois Mortgage Escrow Account Act (the Act) (765 ILCS 910/1 et seq. (West 1992)) by charging them and others similarly situated an "escrow waiver fee,” and (2) misrepresented the provisions of the Act in violation of the…”
Krause v. GE Capital Mortgage Service, Inc. (2000) illappct “Similarly, in this case, defendant did not conceal, suppress, or hide any material facts.”
Wilmington Savings Fund Society v. Choi (2021) illappct “¶ 23 First, on October 21, 2016, Homeowners filed a third-party complaint against PNC. 1 The pleading contained the following claims: (1) breach of the mortgage contract; (2) breach of the “Mortgage Escrow Account Act” (765 ILCS 910/1 et seq.”
Stern v. Norwest Mortgage (1997) ill · cites it 3× “Plaintiffs claimed that defendant violated the Mortgage Escrow Account Act (Escrow Act) (765 ILCS 910/1 et seq . (West 1992)) and the Consumer Fraud and Deceptive Business Practices Act (Fraud Act) (815 ILCS 505/2 (West 1992)).”
Shekar v. Ocwen Loan Servicing, LLC (2019) ilnd “Illinois Mortgage Escrow Account Act Claims Next, in Count II, the Shekars seek a “refund of interest monies” based on their allegations that from September 2003 until September 2016 they paid money into their mortgage escrow account and that Ocwen invested these amounts in…”
Weatherman v. Gary-Wheaton Bank (1999) ill “fee because: (1) defendant failed to inform plaintiffs until three or four days before the closing that it would charge plaintiffs a fee to manage their own escrow; and (2) the fee was unfair and unauthorized in that defendant misrepresented that the fee was a required charge…”
Weatherman v. Gary-Wheaton Bank (1996) illappct “" To their motion to dismiss, they attached a copy of the Illinois Mortgage Escrow Account Act (765 ILCS 910/1 et seq. (West 1992)) (Escrow Act) that plaintiffs had signed on January 12, 1993.”
Cahman v. Agency Rent-A-Car Systems, Inc. (1997) illappct “In Stern , plaintiffs filed suit stating that defendant's "escrow waiver fee" violated the Consumer Fraud Act because such a fee was precluded by the Illinois Mortgage Escrow Account Act (Escrow Act) (765 ILCS 910/1 et seq . (West 1992). In this case, plaintiffs sought a…”
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