Ill. Admin. Code tit. 38 § 1055.230

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1055.230 - Service Test

a) Scope of test. The service test evaluates a covered mortgage licensee's record of helping to meet the mortgage credit needs in the State by analyzing both the availability and effectiveness of a covered mortgage licensee's systems for delivering mortgage loan products and the extent and innovativeness of its community development services. A covered mortgage licensee that has made fewer than 200 home mortgage loans in the State in the last calendar year is not subject to the service test outlined in this Section.

b) Areas benefited. Community development services must benefit the State or a broader regional area that includes the State.

c) Performance criteria - community development services. The Secretary evaluates community development services pursuant to the following criteria:

1) the extent to which the covered mortgage licensee provides community development services; and

2) the innovativeness and responsiveness of community development services.

d) Performance criteria - mortgage lending services. The Secretary evaluates the availability and effectiveness of a covered mortgage licensee's systems for delivering mortgage lending services considering the assessment factors in Section 1055.200 and, pursuant to the following criteria:

1) the availability and effectiveness of systems for delivering mortgage lending services (e.g., internet, telephone solicitation, direct mail) in low- and moderate-income geographies and to low- and moderate-income individuals, including, to the extent applicable, the current distribution of the covered mortgage licensee's additional full-service office among low-, moderate-, middle-, and upper-income geographies; and

2) the range of services provided in low-, moderate-, middle-, and upper-income geographies and the degree to which the services are tailored to meet the needs of those geographies.

e) Service performance rating. The Secretary rates a covered mortgage licensee's service performance as provided in Section 1055.APPENDIX A.

f) Examples of community development. Examples of services, programs, sponsorships, donations, lawful investments, deposits, membership shares, grants, other activities which may be deemed to have the primary purpose of community development include, but are not limited to, the following:

1) Establishment of or material support of charitable donation accounts and donor advised funds that benefit charitable organizations which help meet the financial services needs of low-income and moderate-income neighborhoods or individuals within the community;

2) Establishment of or material support of foundations and other affiliated companies that provide programs and services to meet the credit needs of low-income to moderate-income neighborhoods;

3) Offering products and services targeted to expand access to safe and affordable banking services;

4) Provision or support of community development services that directly and tangibly benefit the community;

5) Offering products and services and/or provision of investments targeted to directly and tangibly increase climate resilience in low-income to moderate-income neighborhoods;

6) Offering products and services and/or provision of investments targeted to directly and tangibly mitigate environmental harm in low-income to moderate-income neighborhoods;

7) Participating in Invest in Illinois or other similar state or federal programs which have the primary purpose of community development;

8) Participating in an activity listed on the Office of the Comptroller of the Currency's CRA Illustrative List of Qualifying Activities found on the Office's website. The Secretary shall post a link to the Office of the Comptroller of the Currency's CRA Illustrative List of Qualifying Activities on the Department's website.

Ill. Admin. Code tit. 38, § 1055.230

Added at 48 Ill. Reg. 7172, effective 5/1/2024