Capitol Chronicle

By Jim Covington

Director of Legislative Affairs

The following new laws take effect Jan. 1, 2007.

Power of Attorney. Public Act 94-938 extends an agent's powers under a POA to a “Totten Trust, Payable on Death Account, or a comparable trust account arrangement where the terms of such trust are contained entirely on the financial institution's signature card.” This clarifies that an agent will have access to these accounts, which was not entirely clear in current law.

IMDMA and health insurance. Public Act 94-923 requires the court to order the obligor to reimburse the obligee for 50% of the premium for placing the child on her health insurance if either of the following occurs: (1) If the there is no work health insurance plan available to the obligor and the court does not enter an order requiring the obligor to cover the child on any other policy. There is a safe harbor of judicial discretion that this is not required if the court makes a finding that it would be inappropriate after considering the criteria in §505(a)(2)).

(2) If the obligor does not obtain health insurance for the child within 90 days of the court order requiring him to do so. This Act also authorizes the court to order the obligor to reimburse the obligee for 100% of the premium for placing the child on her insurance policy.

Notary required for deed. Public Act 94-821 amends the Conveyances Act to require a notarized signature for conveying any deed or instrument of conveyance.

Carbon monoxide alarms required in homes. Public Act 94-741 requires owners of residential homes to install an approved carbon monoxide alarm. The Act does contain some exceptions, such as if the home is not connected in any way to a garage.

Child support. Public Act 94-1061 amends the Parentage Act that currently requires a minimum child-support payment of $10 per month as long as it is consistent with Title IV, Part D of the Social Security Act. Public Act 94-971 authorizes the Department of Health and Family Services to promulgate a rule authorizing HFS to compromise on child-support arrearages owed to the state in certain circumstances.

Mortgage fraud. Public Act 94-822 creates the Mortgage Rescue Fraud Act to combat mortgage fraud in which a mortgage rescue company strips out a homeowner's equity under the guise of saving the home. It applies only to "distressed property," which is residential real property of one to six family dwelling units that is either in foreclosure or at risk of loss because of nonpayment of taxes or whose owner is more than 90 days delinquent on any loan secured by the property. The bill does five things. (1) It requires a written contract between the "distressed property consultant" and the homeowner disclosing all of the terms, including the fact that the home is actually being sold. (2) It gives homeowners a right of rescission of the contract at any time until the distressed property consultant performs everything that is required and an absolute right of cancellation for five days after the homeowner signs a contract conveying the property. Neither right may be waived. (3) It requires that the purchaser verify before the sale of the home that the homeowner has the ability to make the required payments and buy it back. (4) It requires the purchaser to pay the homeowner at least 82 percent of the fair market value of the home if the homeowner is unable to buy it back. (5) It makes a violation of this Act also a violation of the Uniform Consumer Fraud and Deceptive Business Practices Act.