Wilson v. Illinois Department of Financial and Professional Regulation

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 121509
Decision Date: 
May 24, 2013
1st Dist.
Cook Co., 5th Div.
(Court opinion corrected 6/28/13.) Residential Mortgage License Act amendment of 2009 provides that licenses shall not be issued to anyone convicted at any time of a felony involving fraud or dishonesty. The Act does not have a punitive effect sufficient to overcome its lack of punitive intent, and thus does not violate proscription on ex post facto laws.Department of Financial and Professional Regulation had authority to revoke, suspend, or refuse to renew his license. No vested right was affected, no property interest was affected and the Takings Clause was not implicated by Department's decision refusing to renew his mortgage originator license. (HOWSE and TAYLOR, concurring.)