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ARTICLE · 22 JUNE 2026

Illinois Adopts Regulations Governing Shared Appreciation Agreements

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Illinois has adopted comprehensive regulations governing shared appreciation agreements, also known as home equity contracts or investments. These new rules establish detailed licensing requirements, disclosure obligations, and consumer protections for originators and servicers of these financial products, which allow consumers to receive money in exchange for a future interest in their home's value.

United StatesFinance and Banking

On June 12, 2026, the Illinois Register published the regulations adopted by the Illinois Department of Financial and Professional Regulation (the “Department”) implementing 2025 amendments to the Residential Mortgage License Act of 1987 (“RMLA”) to govern “shared appreciation agreements” (the “Final Regulations”). The Final Regulations became effective June 1, 2026 and are substantially similar to the proposed regulations, which we previously discussed in a prior Legal Update.

The term “shared appreciation agreements” is generally interpreted to include products commonly known as “home equity contracts,” “home equity investments,” or “home equity agreements.” The Final Regulations provide originators of these products with a roadmap for compliance with the RMLA. Below is a summary of certain key provisions in the Final Regulations.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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