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In a rescission action, there generally is little to no dispute over whether the parties entered into a valid contract. Under Illinois law, seeking rescission does not make the contract void or undercut the contract's enforceability. It merely makes the contract voidable and subject to rescission (Pardo, 77 F. Supp.
If convicted of official misconduct, you will be guilty of a class 3 felony. Under Illinois law, if convicted of a class 3 felony you can be punished with two to five years in prison. If you are convicted of an extended class 3 felony, then you can be sentenced to five to ten years in prison.
(3) 1% of the total loan amount if the prepayment is made within the third 12-month period following the date the loan was made, if the fixed rate period extends 3 years.
Section 815 ILCS 205/1 prescribes the maximum rate of interest upon a loan or forbearance of money, goods, or things in action as $5 upon $100 for one year. Section 815 ILCS 205/4 prescribes a rate of interest of 9 percent per annum in all written contracts. Contracts providing for a higher rate of interest are void.
This program is to be administered so that the full cost of tuition and mandatory fees at Illinois public universities and Illinois community colleges may be paid in advance of enrollment through the prior purchase of an Illinois prepaid tuition contract.
Further, under the Interest Act [815 ILCS 205/4] whenever the interest rate exceeds 8% per year on any loan secured by a mortgage on Illinois residential property, it is unlawful for a state licensed or chartered lender to provide for a prepayment penalty or other charge for prepayment (Note: This provision became ...
Prepayment penalties. (a) No licensee may make, provide, or arrange a mortgage loan with a prepayment penalty unless the licensee offers the borrower a loan without a prepayment penalty, the offer is in writing, and the borrower initials the offer to indicate that the borrower has declined the offer.
Still, most states have so-called "usury" laws on the books, intended to prevent exorbitant rates. Illinois interest rate laws generally defer to contract law. One exception is a 9 percent limit on judgments, or 6 percent if the debtor is a local government, school district, or community college.