Illinois 95th Regular Session Status: Passed Senate 1 D cosponsors

SB 2786 — TITLE INS-GOOD FUNDS

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Title Insurance Act. Provides that a title insurance company, title insurance agent, or independent escrowee shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the aggregate amount of $50,000 or greater received from any single party to the transaction are wired funds unconditionally held by and irrevocably credited to the fiduciary trust account of the title insurance company, title insurance agent, or independent escrowee; are good funds as defined in the provision; or are collected funds as defined in the provision. Provides that a title insurance company or title insurance agent shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the amount of less than $50,000 received from any single party to the transaction are collected funds or good funds as defined in the provision. Provides that a lender or any other party to a transaction, using the closing or settlement services of a title insurance company, title insurance agent, or independent escrowee shall, at or before the time of closing or settlement, deliver its funds to the title insurance company, the title insurance agent, or the independent escrowee in the form as required by the provision. Effective January 1, 2009.

Bill Text

What changed in the latest version

37 added · 73 removed

Plain-language change summary

The recent amendments to SB 2786 clarify the types of payments that can be made during real estate closings. They have specified that title insurance companies, agents, and escrowees can accept personal checks of up to $5,000, as long as they have reason to believe there are sufficient funds in the account. This change could make transactions smoother for buyers and sellers, allowing smaller payments to be processed without requiring a wire transfer.

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*LRB09519143KBJ45356b* SB2786 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB2786 Introduced 2/15/2008, by Sen.
SB2786 Engrossed LRB095 19143 KBJ 45356 b AN ACT concerning regulation.
Don Harmon SYNOPSIS AS INTRODUCED:
ILCS 155/26 new Amends the Title Insurance Act.
Provides that a title insurance company, title insurance agent, or independent escrowee shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the aggregate amount of $50,000 or greater received from any single party to the transaction are wired funds unconditionally held by and irrevocably credited to the fiduciary trust account of the title insurance company, title insurance agent, or independent escrowee;
are good funds as defined in the provision;
or are collected funds as defined in the provision.
Provides that a title insurance company or title insurance agent shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the amount of less than $50,000 received from any single party to the transaction are collected funds or good funds as defined in the provision.
Provides that a lender or any other party to a transaction, using the closing or settlement services of a title insurance company, title insurance agent, or independent escrowee shall, at or before the time of closing or settlement, deliver its funds to the title insurance company, the title insurance agent, or the independent escrowee in the form as required by the provision.
Effective January 1, 2009.
LRB095 19143 KBJ 45356 b A BILL FOR SB2786 LRB095 19143 KBJ 45356 b AN ACT concerning regulation.
(b) A title insurance company or title insurance agent shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the amount of less than $50,000 received from any single party to the transaction are collected SB2786 - 2 - LRB095 19143 KBJ 45356 b funds or good funds as defined in subsection (c) of this Section.
(b) A title insurance company or title insurance agent shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the amount of less than $50,000 received from any single party to the transaction are collected SB2786 Engrossed - 2 - LRB095 19143 KBJ 45356 b funds or good funds as defined in subsection (c) of this Section.
(3) cashier’s checks, certified checks, bank money orders, official bank checks, or teller’s checks drawn on or issued by a federally insured financial institution and unconditionally held by the title insurance company, title insurance agent, or independent escrowee;
(3) cashier’s checks, certified checks, bank money orders, official bank checks, or teller’s checks drawn on or issued by a financial institution chartered under the laws of any state or the United States and unconditionally held by the title insurance company, title insurance agent, or independent escrowee;
(5) a check drawn on the trust account of any lawyer or real estate broker licensed under the laws of any state, provided that the title insurance company, title insurance agent, or independent escrowee has reasonable and prudent grounds to believe that sufficient funds are available for withdrawal in the account upon which the check is drawn at SB2786 - 3 - LRB095 19143 KBJ 45356 b the time of disbursement;
(5) a check drawn on the trust account of any lawyer or real estate broker licensed under the laws of any state, provided that the title insurance company, title insurance agent, or independent escrowee has reasonable and prudent grounds to believe that sufficient funds are available for SB2786 Engrossed - 3 - LRB095 19143 KBJ 45356 b withdrawal in the account upon which the check is drawn at the time of disbursement;
(e) A lender or any other party to a transaction, using the closing or settlement services of a title insurance company, title insurance agent, or independent escrowee shall, at or before the time of closing or settlement, deliver its funds to the title insurance company, the title insurance agent, or the independent escrowee in the form as required by this Section.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds new regulations regarding the disbursement of settlement funds by title insurance companies, agents, and independent escrowees.

  • 215 ILCS 155/26

    Sec. 26. Settlement funds. (a) A title insurance company, title insurance agent, or independent escrowee shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the aggregate amount of $50,000 or greater received from any single party to the transaction are wired funds unconditionally held by and irrevocably credited to the fiduciary trust account of the title insurance company, title insurance agent, or independent escrowee; are good funds as defined in paragraphs (6) or (7) of subsection (c) of this Section; or are collected funds as defined in subsection (d) of this Section. (b) A title insurance company or title insurance agent shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the amount of less than $50,000 received from any single party to the transaction are collected funds or good funds as defined in subsection (c) of this Section. (c) "Good funds" means funds in one of the following forms: (1) lawful money of the United States; (2) wired funds unconditionally held by and irrevocably credited to the fiduciary trust account of the title insurance company, the title insurance agent, or independent escrowee; (3) cashier’s checks, certified checks, bank money orders, official bank checks, or teller’s checks drawn on or issued by a financial institution chartered under the laws of any state or the United States and unconditionally held by the title insurance company, title insurance agent, or independent escrowee; (4) a personal check or checks in an aggregate amount not exceeding $5,000 per closing, provided that the title insurance company, title insurance agent, or independent escrowee has reasonable and prudent grounds to believe that sufficient funds are available for withdrawal in the account upon which the check is drawn at the time of disbursement; (5) a check drawn on the trust account of any lawyer or real estate broker licensed under the laws of any state, provided that the title insurance company, title insurance agent, or independent escrowee has reasonable and prudent grounds to believe that sufficient funds are available for withdrawal in the account upon which the check is drawn at the time of disbursement; (6) a check issued by this State, the United States, or a political subdivision of this State or the United States; or (7) a check drawn on the fiduciary trust account of a title insurance company or title insurance agent, provided that the title insurance company, title insurance agent, or independent escrowee has reasonable and prudent grounds to believe that sufficient funds are available for withdrawal in the account upon which the check is drawn at the time of disbursement. (d) "Collected funds" means funds deposited, finally settled, and credited to the title insurance company, title insurance agent, or independent escrowee’s fiduciary trust account.

    This establishes new rules for how settlement funds must be handled, specifically regarding amounts over and under $50,000, defining good funds and collected funds.

Action History

  1. Session Sine Die

  2. Referred to Rules Committee

  3. First Reading

  4. Chief House Sponsor Rep. Robert S. Molaro

  5. Placed on Calendar Order of First Reading

  6. Arrived in House

  7. Third Reading - Passed; 051-000-002

  8. Placed on Calendar Order of 3rd Reading

  9. Senate Floor Amendment No. 1 Adopted; Harmon

  10. Recalled to Second Reading

  11. Senate Floor Amendment No. 1 Recommend Do Adopt Financial Institutions; 006-000-000

  12. Senate Floor Amendment No. 1 Rules Refers to Financial Institutions

  13. Senate Floor Amendment No. 1 Referred to Rules

  14. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  15. Placed on Calendar Order of 3rd Reading April 2, 2008

  16. Second Reading

  17. Placed on Calendar Order of 2nd Reading April 1, 2008

  18. Do Pass Financial Institutions; 008-000-000

  19. Assigned to Financial Institutions

  20. Referred to Rules

  21. First Reading

  22. Filed with Secretary by Sen. Don Harmon

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 42007
Democrat 9000
Republican 0001
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Kotowski — Yea
Martinez — Yea
Sullivan — Yea
Munoz — Yea
Meeks — Yea
Noland — Yea
Watson — Yea
Jacobs — Yea
Jones, J. — Yea
Demuzio — Yea
Cullerton — Not Voting
Radogno — Yea
Brady — Not Voting
Schoenberg — Not Voting
Steans — Yea
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Not Voting
Hendon — Yea
Hultgren — Yea
Silverstein — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Pankau — Yea
Peterson — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Maloney — Yea
Althoff — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Millner — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2786 do?
Amends the Title Insurance Act. Provides that a title insurance company, title insurance agent, or independent escrowee shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the aggregate amount of $50,000 or greater received from any single party to the transaction are wired funds unconditionally held by and irrevocably credited to the fiduciary trust account of the title insurance company, title insurance agent, or independent escrowee; are good funds as defined in the provision; or are collected funds as defined in the provision. Provides that a title insurance company or title insurance agent shall not make disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts unless the funds in the amount of less than $50,000 received from any single party to the transaction are collected funds or good funds as defined in the provision. Provides that a lender or any other party to a transaction, using the closing or settlement services of a title insurance company, title insurance agent, or independent escrowee shall, at or before the time of closing or settlement, deliver its funds to the title insurance company, the title insurance agent, or the independent escrowee in the form as required by the provision. Effective January 1, 2009.
Who sponsors SB 2786?
SB 2786 is sponsored by Don Harmon (Democrat).
What is the current status of SB 2786?
This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2786?
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