Illinois adopts rules for shared appreciation agreements
The Illinois Department of Financial and Professional Regulation adopted rules implementing the state's shared appreciation agreement law, effective June 1, 2026, covering counseling, disclosures, and recordkeeping.
We could not access the rule text in the Illinois Register directly. The details here are as reported by the law firms linked below.
Sources: Mayer Brown: Illinois adopts regulations secondary · Weiner Brodsky Kider: IDFPR adopts rules secondary
Illinois treats shared appreciation agreements as mortgage loans (Public Act 103-1015)
Amends the Residential Mortgage License Act so that a "mortgage loan" includes one in which funds are advanced through a shared appreciation agreement.
- Requires counseling before a borrower takes any legally binding action on a shared appreciation agreement, and the borrower may not waive it.
- Lets the state's financial regulator adopt rules for these agreements, which it did in 2026.
Sources: Illinois General Assembly: SB 3551 as enacted