Illinois Senate Bill SB2227 Enrolled / Bill

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1  AN ACT concerning local government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Counties Code is amended by changing
5  Sections 3-5001, 3-5002, 3-5003, 3-5004, 3-5005, 3-5005.1,
6  3-5005.2, 3-5005.3, 3-5005.4, 3-5006, 3-5007, 3-5008, 3-5009,
7  3-5010, 3-5010.5, 3-5010.8, 3-5011, 3-5012, 3-5013, 3-5014,
8  3-5015, 3-5016, 3-5019, 3-5020, 3-5020.5, 3-5021, 3-5024,
9  3-5025, 3-5029, 3-5031, 3-5033, 3-5036.5, 3-5037, 3-5038,
10  3-5045, 4-12003 and by adding Sections 3-5018.2 and 4-12002.3
11  as follows:
12  (55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
13  Sec. 3-5001. County clerk as recorder; election of
14  recorder. The county clerk in counties having a population of
15  less than 60,000 inhabitants shall be the recorder in the
16  clerk's his county.
17  In counties having a population of 60,000 or more
18  inhabitants, there shall be elected a recorder, as provided by
19  law, who shall hold his office until a his successor is
20  qualified.
21  If the population of any county in which a recorder has
22  been elected decreases to less than 60,000, the voters of that
23  county shall continue to elect a recorder if the county board

 

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1  adopts a resolution to continue the office of an elected
2  recorder.
3  (Source: P.A. 86-962; 86-1028.)
4  (55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
5  Sec. 3-5002. Bond. Every recorder, whether elected as such
6  or holding the office of recorder in addition to the office of
7  county clerk as hereinbefore provided, shall, before entering
8  upon the duties of the his or her office, give bonds (or, if
9  the county is self-insured, the county through its
10  self-insurance program may provide bonding), with sufficient
11  security to be approved by the circuit court, payable to the
12  People of the State of Illinois, in the penal sum of $10,000
13  (except that in counties having a population of 60,000 or more
14  inhabitants the penalty of the bond shall be $20,000),
15  conditioned for the faithful discharge of the recorder's his
16  or her duties, and to deliver up all papers, books, records and
17  other things appertaining to the his or her office, whole,
18  safe and undefaced, when lawfully required so to do - which
19  bond shall be filed in the office of the Secretary of State,
20  and a copy thereof filed of record in the court.
21  (Source: P.A. 88-387.)
22  (55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
23  Sec. 3-5003. Oath. Each recorder, before entering upon the
24  duties of the his office, shall take and subscribe to the oath

 

 

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1  or affirmation prescribed by Section 3, Article XIII of the
2  Constitution, which shall be filed with the county clerk.
3  (Source: P.A. 86-962.)
4  (55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
5  Sec. 3-5004. Commencement of duties. The recorder shall
6  enter upon the duties of the his office on the first day in the
7  month of December following the recorder's his election on
8  which the office of the recorder is required, by statute or by
9  action of the county board, to be open. The recorder He shall
10  be commissioned by the Governor.
11  (Source: P.A. 86-962.)
12  (55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
13  Sec. 3-5005. Functions, powers and duties of recorder. The
14  functions and powers of the recorders shall be uniform in the
15  various counties of this State. The recorder has those
16  functions, powers, and duties as provided in this Division the
17  Sections following this Section and preceding Section 3-5006.
18  (Source: P.A. 86-962.)
19  (55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
20  Sec. 3-5005.1. Appointment of deputies, assistants and
21  personnel. The recorder shall appoint his deputies,
22  assistants, and personnel to assist the recorder him in the
23  performance of the recorder's his duties.

 

 

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1  (Source: P.A. 86-962.)
2  (55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
3  Sec. 3-5005.2. Internal operations of office. The recorder
4  shall have the right to control the internal operations of the
5  his office; to procure necessary equipment, materials and
6  services to perform the duties of the his office. The recorder
7  Recorder shall have the right to select the computer or
8  micrographic system to be used for document storage and
9  retrieval. The recorder Recorder may retain the services of
10  management or consulting firms to establish or maintain such a
11  system.
12  (Source: P.A. 86-962.)
13  (55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3)
14  Sec. 3-5005.3. Monthly report of financial status. The
15  recorder shall file a monthly report with the county clerk
16  summarizing the financial status of the his office in such
17  form as shall be determined by the county board.
18  (Source: P.A. 86-962.)
19  (55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4)
20  Sec. 3-5005.4. Deposit of fee income; special funds. The
21  recorder shall deposit in the office of the county treasurer
22  monthly by the 10th day of the month following, all fee income.
23  The recorder may maintain the following special funds from

 

 

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1  which the county board shall authorize payment by voucher
2  between board meetings:
3  (a) Overpayments.
4  (b) Reasonable amount needed during the succeeding
5  accounting period to pay office expenses, postage, freight,
6  express or similar charges.
7  (c) Excess earnings from the sale of revenue stamps to be
8  maintained in a fund to be used for the purchase of additional
9  stamps from the Illinois Department of Revenue.
10  (d) Fund to pay necessary travel, dues and other expenses
11  incurred in attending workshops, educational seminars and
12  organizational meetings established for the purpose of
13  providing in-service training.
14  (e) Trust funds and for such other purposes as may be
15  provided for by law.
16  (f) Such other funds as may be authorized by the county
17  board. The recorder shall make accounting monthly to the
18  county board through the county clerk of all special funds
19  maintained by the recorder him in the discharge of the
20  recorder's his duties.
21  (Source: P.A. 86-962.)
22  (55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
23  Sec. 3-5006. Appointment of deputies in writing.
24  Appointments of deputies shall be in writing, and entered upon
25  the records of the his office.

 

 

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1  (Source: P.A. 86-962.)
2  (55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007)
3  Sec. 3-5007. Oath of deputies. Each deputy shall, before
4  entering upon the deputy's duties of his office, take and
5  subscribe an oath or affirmation, in like form as is required
6  of the recorder, which shall be filed in the office of the
7  recorder.
8  (Source: P.A. 86-962.)
9  (55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
10  Sec. 3-5008. Powers of deputies. Deputy recorders duly
11  appointed and qualified may perform any and all duties of the
12  recorder in the name of the recorder, and the acts of such
13  deputies shall be held to be the acts of the recorder, and in
14  case of the death of the recorder or the recorder's his
15  deposition from office, the chief deputy shall thereupon
16  become the acting recorder until such vacancy shall be filled
17  according to the The Election Code, and the chief deputy he
18  shall file a like bond and be vested with the same powers and
19  subject to the same responsibilities and entitled to the same
20  compensation as in case of recorder. Provided, that if the
21  recorder is called into the active military service of the
22  United States, the his office shall not be deemed to be vacant
23  during the time the recorder he is in the active military
24  service of the United States, but during the time the recorder

 

 

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1  he is in such active military service of the United States the
2  chief deputy recorder shall be the recorder, and shall perform
3  and discharge all of the duties of the recorder in such county,
4  and shall be paid the same compensation as provided by law for
5  the recorder of the county unless compensated at a higher rate
6  than the recorder as chief deputy, apportioned as to the time
7  of service, and the chief such deputy recorder shall cease to
8  be the recorder upon the discharge of said recorder from the
9  active military service of the United States; and provided
10  further, that the chief deputy recorder, upon becoming the
11  temporary recorder during the absence of the recorder in the
12  active military service of the United States, shall give bond
13  as required of a regularly elected recorder.
14  (Source: P.A. 86-962.)
15  (55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
16  Sec. 3-5009. Recorder liable for deputies. The recorder
17  shall be liable for any neglect or omission of the duties of
18  the his office, when occasioned by a deputy, in the same manner
19  as for the recorder's his own personal neglect or omission.
20  (Source: P.A. 86-962.)
21  (55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)
22  Sec. 3-5010. Duties of recorder. Every recorder shall, as
23  soon as practicable after the receipt of any instrument in
24  writing in the his office, entitled to be recorded, record the

 

 

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1  same at length in the order of time of its reception, in well
2  bound books or computer databases to be provided for that
3  purpose. In counties of 500,000 or more inhabitants, the
4  recorder may microphotograph or otherwise reproduce on film
5  any of such instruments in the manner provided by law. In
6  counties of less than 500,000 inhabitants, the recorder may
7  cause to be microphotographed or otherwise reproduced on film
8  any of such instruments or electronic method of storage. When
9  any such instrument is reproduced on film or electronic method
10  of storage, the film or electronic method of storage shall
11  comply with the minimum standards of quality approved for
12  records of the State Records Commission and the device used to
13  reproduce the records on the film or electronic method of
14  storage shall be one which accurately reproduces the contents
15  of the original.
16  (Source: P.A. 97-757, eff. 7-6-12.)
17  (55 ILCS 5/3-5010.5)
18  Sec. 3-5010.5. Fraud referral and review.
19  (a) Legislative findings. The General Assembly finds that
20  property fraud, including fraudulent filings intended to cloud
21  or fraudulently transfer title to property by recording false
22  or altered documents and deeds, is a rapidly growing problem
23  throughout the State. In order to combat the increase in the
24  number of these filings, a recorder may establish a process to
25  review and refer documents suspected to be fraudulent.

 

 

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1  (b) Definitions. The terms "recording" and "filing" are
2  used interchangeably in this Section.
3  (c) Establishment and use of a fraud referral and review
4  process. A recorder who establishes a fraud referral and
5  review process under the provisions of this Section may use it
6  to review deeds and instruments and refer any of them to an
7  administrative law judge for review pursuant to subsection (g)
8  of this Section that cause the recorder to reasonably believe
9  that the filing may be fraudulent, unlawfully altered, or
10  intended to unlawfully cloud or transfer the title of any real
11  property. The recorder may enter into an intergovernmental
12  agreement with local law enforcement officials for the
13  purposes of this referral and review. A recorder may request
14  that the Secretary of the Department of Financial and
15  Professional Regulation assist in reviewing possible
16  fraudulent filings. Upon request, the Secretary, or the
17  Secretary's his or her designee, shall assist in identifying
18  the validity of filings. The recorder shall notify the
19  Secretary when a document suspected to be fraudulent is
20  discovered.
21  In counties with a population of less than 3 million, a
22  recorder shall provide public notice 90 days before the
23  establishment of the fraud referral and review process. The
24  notice shall include a statement of the recorder's intent to
25  create a fraud referral and review process and shall be
26  published in a newspaper of general circulation in the county

 

 

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1  and, if feasible, posted on the recorder's website and at the
2  recorder's office or offices.
3  In determining whether to refer a document to an
4  administrative law judge for review, a recorder may take into
5  consideration any of the following factors:
6  (1) whether the owner of the property or owner's his
7  or her designated representative has reported to the
8  recorder that another individual is attempting or has
9  attempted to record a fraudulent deed or other instrument
10  upon the property;
11  (2) whether a law enforcement official has contacted
12  the recorder indicating that the law enforcement official
13  he or she has probable cause to suspect title or recording
14  fraud;
15  (3) whether the filer's name has a copyright attached
16  to it or the property owner's name has nonstandard
17  punctuation attached to it;
18  (4) whether the documents assert fines that do not
19  exist or have no basis under current law or that require
20  payment in gold or silver;
21  (5) whether the documents are maritime liens, or liens
22  under the Federal Maritime Lien Act or the Preferred Ship
23  Mortgage Act, or not authorized by the United States Coast
24  Guard;
25  (6) whether the documents are land patents not
26  authorized and certified by the United States Department

 

 

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1  of the Interior Bureau of Land Management;
2  (7) whether the documents are representing that the
3  subject of the lien is releasing itself from a lien held by
4  another entity, with no apparent cooperation or
5  authorization provided by the lienholder;
6  (8) whether the documents are protesting or disputing
7  a foreclosure proceeding that are not filed within the
8  foreclosure suit and with the court presiding over the
9  matter;
10  (9) whether the documents are Uniform Commercial Code
11  filings referencing birth certificates or other private
12  records that are not in compliance with Section 9-501 of
13  the Uniform Commercial Code;
14  (10) whether the documents are re-recording deeds to
15  re-notarize or attach notary certification if prior
16  notarization already appears unaltered on the document of
17  record;
18  (11) whether the documents are asserting diplomatic
19  credentials or immunity, non-United States citizenship, or
20  independence from the laws of the United States;
21  (12) whether the documents are claims that a bank
22  cannot hold title after a foreclosure;
23  (13) whether the documents are deeds not properly
24  signed by the last legal owner of record or the owner's
25  court-appointed his or her court appointed representative
26  or attorney-in-fact under a power of attorney;

 

 

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1  (14) whether the documents are manipulated or altered
2  federal or State legal or court forms that release a lien;
3  (15) whether a document is not related to a valid
4  existing or potential adverse transaction, existing lien,
5  or judgment of a court of competent jurisdiction;
6  (16) a document that is not related to a valid
7  existing or potential commercial or financial transaction,
8  existing agricultural or other lien, or judgment of a
9  court of competent jurisdiction;
10  (17) whether the document is filed with the intent to
11  harass or defraud the person identified in the record or
12  any other person;
13  (18) whether the document is filed with the intent to
14  harass or defraud any member of a governmental office,
15  including, but not limited to, the recorder's office,
16  local government offices, the State of Illinois, or the
17  Federal government; and
18  (19) whether the documents are previous court
19  determinations, including a previous determination by a
20  court of competent jurisdiction that a particular document
21  is fraudulent, invalid, or forged.
22  (d) Determinations. If a recorder determines, after review
23  by legal staff and counsel, that a deed or instrument that is
24  recorded in the grantor's index or the grantee's index may be
25  fraudulent, unlawfully altered, or intended to unlawfully
26  cloud or transfer the title of any real property, the recorder

 

 

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1  he or she shall refer the deed or instrument to an
2  administrative law judge for review pursuant to subsection (g)
3  of this Section. The recorder shall record a Notice of
4  Referral in the grantor's index or the grantee's index
5  identifying the document, corresponding document number in
6  question, and the date of referral. The recorder shall also
7  notify the parties set forth in subsection (e) of this
8  Section. The recorder may, at the recorder's his or her
9  discretion, notify law enforcement officials regarding a
10  filing determined to be fraudulent, unlawfully altered, or
11  intended to unlawfully cloud or transfer the title of any real
12  property.
13  (e) Notice. The recorder shall use county property tax
14  records to identify and provide notice to the last owner of
15  record by telephone, if available, and certified mail both
16  when: (1) a deed or instrument has been referred for review and
17  determination; and (2) a final determination has been made
18  regarding the deed or instrument. Notice, by mail, shall also
19  be sent to the physical address of the property associated
20  with the deed or instrument.
21  (f) Administrative decision. The recorder's decision to
22  add a Notice of Referral and refer a document for review is a
23  final administrative decision that is subject to review by the
24  circuit court of the county where the real property is located
25  under the Administrative Review Law. The standard of review by
26  the circuit court shall be de novo.

 

 

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1  (g) Referral and review process. Prior to referral, the
2  recorder shall notify the last owner of record of the document
3  or documents suspected to be fraudulent. The person, entity,
4  or legal representative thereof shall confirm in writing the
5  person's, entity's, or legal representative's his or her
6  belief that a document or documents are suspected to be
7  fraudulent and may request that the recorder refer the case
8  for review. Upon request, the recorder shall bring a case to
9  its county department of administrative hearings and, within
10  10 business days after receipt, an administrative law judge
11  shall schedule a hearing to occur no later than 30 days after
12  receiving the referral. The referral and case shall clearly
13  identify the person, persons, or entity believed to be the
14  last true owner of record as the petitioner. Notice of the
15  hearing shall be provided by the administrative law judge to
16  the filer, or the party represented by the filer, of the
17  suspected fraudulent document, the legal representative of the
18  recorder of deeds who referred the case, and the last owner of
19  record, as identified in the referral.
20  If clear and convincing evidence shows the document in
21  question to be fraudulent, the administrative law judge shall
22  rule the document to be fraudulent and forward the judgment to
23  all the parties identified in this subsection. Upon receiving
24  notice of the judgment of fraud, the recorder shall, within 5
25  business days, record a new document that includes a copy of
26  the judgment in front of the Notice of Referral that shall

 

 

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1  clearly state that the document in question has been found to
2  be fraudulent and shall not be considered to affect the chain
3  of title of the property in any way.
4  If the administrative law judge finds the document to be
5  legitimate, the recorder shall, within 5 business days after
6  receiving notice, record a copy of the judgment.
7  A decision by an administrative law judge shall not
8  preclude a State's attorney or sheriff from proceeding with a
9  criminal investigation or criminal charges. If a county does
10  not have an administrative law judge that specializes in
11  public records, one shall be appointed within 3 months after
12  the effective date of this amendatory Act of the 98th General
13  Assembly, or the original case shall be forwarded to the
14  proper circuit court with jurisdiction.
15  Nothing in this Section precludes a private right of
16  action by any party with an interest in the property affected
17  by the review and referral, or the filer of the document or
18  documents suspected to be fraudulent. Nothing in this Section
19  requires a person or entity who may have had a fraudulent
20  document or encumbrance filed against the person's or entity's
21  his or her property to use the fraud review and referral
22  process or administrative review created by this Section.
23  (h) Fees. The recorder shall retain any filing fees
24  associated with filing a deed or instrument that is determined
25  to be fraudulent, unlawfully altered, or intended to
26  unlawfully cloud or transfer the title of any real property

 

 

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1  under this Section.
2  (i) Liability. Neither a recorder nor any of the
3  recorder's his or her employees or agents shall be subject to
4  personal liability by reason of any error or omission in the
5  performance of any duty under this Section, except in case of
6  willful or wanton conduct. Neither the recorder nor any of the
7  recorder's his or her employees shall incur liability for the
8  referral or review, or failure to refer or review, a document
9  or instrument under this Section.
10  (j) Applicability. This Section applies only to filings
11  provided to the recorder on and after the effective date of
12  this amendatory Act of the 98th General Assembly.
13  (k) (Blank).
14  (Source: P.A. 100-276, eff. 8-22-17.)
15  (55 ILCS 5/3-5010.8)
16  (Section scheduled to be repealed on January 1, 2024)
17  Sec. 3-5010.8. Mechanics lien demand and referral pilot
18  program.
19  (a) Legislative findings. The General Assembly finds that
20  expired mechanics liens on residential property, which cloud
21  title to property, are a rapidly growing problem throughout
22  the State. In order to address the increase in expired
23  mechanics liens and, more specifically, those that have not
24  been released by the lienholder, a recorder may establish a
25  process to demand and refer mechanics liens that have been

 

 

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1  recorded but not litigated or released in accordance with the
2  Mechanics Lien Act to an administrative law judge for
3  resolution or demand that the lienholder commence suit or
4  forfeit the lien.
5  (b) Definitions. As used in this Section:
6  "Demand to Commence Suit" means the written demand
7  specified in Section 34 of the Mechanics Lien Act.
8  "Mechanics lien" and "lien" are used interchangeably in
9  this Section.
10  "Notice of Expired Mechanics Lien" means the notice a
11  recorder gives to a property owner under subsection (d)
12  informing the property owner of an expired lien.
13  "Notice of Referral" means the document referring a
14  mechanics lien to a county's code hearing unit.
15  "Recording" and "filing" are used interchangeably in this
16  Section.
17  "Referral" or "refer" means a recorder's referral of a
18  mechanics lien to a county's code hearing unit to obtain a
19  determination as to whether a recorded mechanics lien is
20  valid.
21  "Residential property" means real property improved with
22  not less than one nor more than 4 residential dwelling units; a
23  residential condominium unit, including, but not limited to,
24  the common elements allocated to the exclusive use of the
25  condominium unit that form an integral part of the condominium
26  unit and any parking unit or units specified by the

 

 

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1  declaration to be allocated to a specific residential
2  condominium unit; or a single tract of agriculture real estate
3  consisting of 40 acres or less that is improved with a
4  single-family residence. If a declaration of condominium
5  ownership provides for individually owned and transferable
6  parking units, "residential property" does not include the
7  parking unit of a specified residential condominium unit
8  unless the parking unit is included in the legal description
9  of the property against which the mechanics lien is recorded.
10  (c) Establishment of a mechanics lien demand and referral
11  process. After a public hearing, a recorder in a county with a
12  code hearing unit may adopt rules establishing a mechanics
13  lien demand and referral process for residential property. A
14  recorder shall provide public notice 90 days before the public
15  hearing. The notice shall include a statement of the
16  recorder's intent to create a mechanics lien demand and
17  referral process and shall be published in a newspaper of
18  general circulation in the county and, if feasible, be posted
19  on the recorder's website and at the recorder's office or
20  offices.
21  (d) Notice of Expired Lien. If a recorder determines,
22  after review by legal staff or counsel, that a mechanics lien
23  recorded in the grantor's index or the grantee's index is an
24  expired lien, the recorder shall serve a Notice of Expired
25  Lien by certified mail to the last known address of the owner.
26  The owner or legal representative of the owner of the

 

 

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1  residential property shall confirm in writing the owner's or
2  legal representative's his or her belief that the lien is not
3  involved in pending litigation and, if there is no pending
4  litigation, as verified and confirmed by county court records,
5  the owner may request that the recorder proceed with a
6  referral or serve a Demand to Commence Suit.
7  For the purposes of this Section, a recorder shall
8  determine if a lien is an expired lien. A lien is expired if a
9  suit to enforce the lien has not been commenced or a
10  counterclaim has not been filed by the lienholder within 2
11  years after the completion date of the contract as specified
12  in the recorded mechanics lien. The 2-year period shall be
13  increased to the extent that an automatic stay under Section
14  362(a) of the United States Bankruptcy Code stays a suit or
15  counterclaim to foreclose the lien. If a work completion date
16  is not specified in the recorded lien, then the work
17  completion date is the date of recording of the mechanics
18  lien.
19  (e) Demand to Commence Suit. Upon receipt of an owner's
20  confirmation that the lien is not involved in pending
21  litigation and a request for the recorder to serve a Demand to
22  Commence Suit, the recorder shall serve a Demand to Commence
23  Suit on the lienholder of the expired lien as provided in
24  Section 34 of the Mechanics Lien Act. A recorder may request
25  that the Secretary of State assist in providing registered
26  agent information or obtain information from the Secretary of

 

 

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1  State's registered business database when the recorder seeks
2  to serve a Demand to Commence suit on the lienholder. Upon
3  request, the Secretary of State, or the Secretary of State's
4  his or her designee, shall provide the last known address or
5  registered agent information for a lienholder who is
6  incorporated or doing business in the State. The recorder must
7  record a copy of the Demand to Commence suit in the grantor's
8  index or the grantee's index identifying the mechanics lien
9  and include the corresponding document number and the date of
10  demand. The recorder may, at the recorder's his or her
11  discretion, notify the Secretary of State regarding a Demand
12  to Commence suit determined to involve a company, corporation,
13  or business registered with that office.
14  When the lienholder commences a suit or files an answer
15  within 30 days or the lienholder records a release of lien with
16  the county recorder as required by subsection (a) of Section
17  34 of the Mechanics Lien Act, then the demand and referral
18  process is completed for the recorder for that property. If
19  service under this Section is responded to consistent with
20  Section 34 of the Mechanics Lien Act, the recorder may not
21  proceed under subsection (f). If no response is received
22  consistent with Section 34 of the Mechanics Lien Act, the
23  recorder may proceed under subsection (f).
24  (f) Referral. Upon receipt of an owner's confirmation that
25  the lien is not involved in pending litigation and a request
26  for the recorder to proceed with a referral, the recorder

 

 

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1  shall: (i) file the Notice of Referral with the county's code
2  hearing unit; (ii) identify and notify the lienholder by
3  telephone, if available, of the referral and send a copy of the
4  Notice of Referral by certified mail to the lienholder using
5  information included in the recorded mechanics lien or the
6  last known address or registered agent received from the
7  Secretary of State or obtained from the Secretary of State's
8  registered business database; (iii) send a copy of the Notice
9  of Referral by mail to the physical address of the property
10  owner associated with the lien; and (iv) record a copy of the
11  Notice of Referral in the grantor's index or the grantee's
12  index identifying the mechanics lien and include the
13  corresponding document number. The Notice of Referral shall
14  clearly identify the person, persons, or entity believed to be
15  the owner, assignee, successor, or beneficiary of the lien.
16  The recorder may, at the recorder's his or her discretion,
17  notify the Secretary of State regarding a referral determined
18  to involve a company, corporation, or business registered with
19  that office.
20  No earlier than 30 business days after the date the
21  lienholder is required to respond to a Demand to Commence Suit
22  under Section 34 of the Mechanics Lien Act, the code hearing
23  unit shall schedule a hearing to occur at least 30 days after
24  sending notice of the date of hearing. Notice of the hearing
25  shall be provided by the county recorder, by and through the
26  recorder's his or her representative, to the filer, or the

 

 

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1  party represented by the filer, of the expired lien, the legal
2  representative of the recorder of deeds who referred the case,
3  and the last owner of record, as identified in the Notice of
4  Referral.
5  If the recorder shows by clear and convincing evidence
6  that the lien in question is an expired lien, the
7  administrative law judge shall rule the lien is forfeited
8  under Section 34.5 of the Mechanics Lien Act and that the lien
9  no longer affects the chain of title of the property in any
10  way. The judgment shall be forwarded to all parties identified
11  in this subsection. Upon receiving judgment of a forfeited
12  lien, the recorder shall, within 5 business days, record a
13  copy of the judgment in the grantor's index or the grantee's
14  index.
15  If the administrative law judge finds the lien is not
16  expired, the recorder shall, no later than 5 business days
17  after receiving notice of the decision of the administrative
18  law judge, record a copy of the judgment in the grantor's index
19  or the grantee's index.
20  A decision by an administrative law judge is reviewable
21  under the Administrative Review Law, and nothing in this
22  Section precludes a property owner or lienholder from
23  proceeding with a civil action to resolve questions concerning
24  a mechanics lien.
25  A lienholder or property owner may remove the action from
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1  subsection (i).
2  (g) Final administrative decision. The recorder's decision
3  to refer a mechanics lien or serve a Demand to Commence Suit is
4  a final administrative decision that is subject to review
5  under the Administrative Review Law by the circuit court of
6  the county where the real property is located. The standard of
7  review by the circuit court shall be consistent with the
8  Administrative Review Law.
9  (h) Liability. A recorder and the recorder's his or her
10  employees or agents are not subject to personal liability by
11  reason of any error or omission in the performance of any duty
12  under this Section, except in the case of willful or wanton
13  conduct. The recorder and the recorder's his or her employees
14  or agents are not liable for the decision to refer a lien or
15  serve a Demand to Commence Suit, or failure to refer or serve a
16  Demand to Commence Suit, of a lien under this Section.
17  (i) Private actions; use of demand and referral process.
18  Nothing in this Section precludes a private right of action by
19  any party with an interest in the property affected by the
20  mechanics lien or a decision by the code hearing unit. Nothing
21  in this Section requires a person or entity who may have a
22  mechanics lien recorded against the person's or entity's his
23  or her property to use the mechanics lien demand and referral
24  process created by this Section.
25  A lienholder or property owner may remove a matter in the
26  referral process to the circuit court at any time prior to the

 

 

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1  final decision of the administrative law judge by delivering a
2  certified notice of the suit filed in the circuit court to the
3  administrative law judge. Upon receipt of the certified
4  notice, the administrative law judge shall dismiss the matter
5  without prejudice. If the matter is dismissed due to removal,
6  then the demand and referral process is completed for the
7  recorder for that property. If the circuit court dismisses the
8  removed matter without deciding on whether the lien is expired
9  and without prejudice, the recorder may reinstitute the demand
10  and referral process under subsection (d).
11  (j) Repeal. This Section is repealed on January 1, 2024.
12  (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
13  (55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
14  Sec. 3-5011. Office to remain open during bank holiday.
15  Whenever an emergency exists which involves the banking or
16  credit structure within the State of Illinois, and which is
17  recognized by a proclamation by the Governor or by an act or
18  resolution of the General Assembly, and by such proclamation
19  of the Governor a public holiday has been or shall be declared,
20  the proclamation of such public holiday shall not require the
21  recorder or registrar of titles in any county in this State to
22  close the recorder's or registrar's his office, but every such
23  recorder or registrar of titles shall continue to keep the
24  recorder's or registrar's his office open and to operate in
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1  declared, unless in and by such proclamation the Governor of
2  this State shall make specific reference to the closing of
3  recorders' or registrars' offices in this State. The actions
4  of any recorder or registrar of titles performed prior to May
5  26, 1933 and during the continuance of any such holiday, are
6  validated.
7  (Source: P.A. 86-962.)
8  (55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
9  Sec. 3-5012. Recording and indexing books. Separate books
10  and computer databases may be kept for the recording and
11  indexing of different classes of instruments. Three distinct
12  series of document numbers may be used for recording documents
13  received for recordation, one series of numbers to be preceded
14  by the letter "b" in each case, which series shall be used only
15  for bills of sale of personal property, chattel mortgages and
16  releases, extensions and assignments, thereof, one series of
17  numbers to be preceded by the letter "c" in each case, which
18  series shall be used only for certificates of discharge of
19  discharged members of the military, aviation and naval forces
20  of the United States, and the other series of document numbers
21  shall be used for all other instruments received for
22  recordation. When three series of document numbers are thus
23  used, a separate place may be provided in the Recorder's
24  office for the receipt of each kind of documents to which such
25  serial numbers apply.

 

 

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1  (Source: P.A. 86-962.)
2  (55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
3  Sec. 3-5013. Transcription or reproduction of written
4  instruments. The recorder, when recording at length
5  instruments in writing in the his or her office, may
6  transcribe the instruments in handwriting or typewriting, make
7  photographic or photostatic reproductions of the instruments,
8  or transcribe the instruments partly in handwriting or
9  typewriting and make photographic or photostatic reproductions
10  of the remaining portions of the instruments. Every document,
11  however, shall be filed in a complete and intelligible manner.
12  The recorder may not accept facsimile or other photographic or
13  photostatic copies of the signatures of parties executing
14  documents without labeling those signatures as copies unless
15  they are digital signatures submitted under federal or State
16  law. When photographic or photostatic reproductions are used,
17  the recorder shall first be satisfied that the reproductions
18  are as lasting and durable as handwritten or typewritten
19  copies. The reproductions may shall be upon sheets bound
20  together in well bound books or placed in books that are
21  permanently locked so that the sheets cannot be tampered with
22  or removed. When instruments are reproduced by
23  microphotography, digital scanning, or otherwise reproduced on
24  film as provided in this Section the reproduction thus made
25  shall be deemed the record for all purposes.

 

 

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1  (Source: P.A. 86-962; 87-376.)
2  (55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014)
3  Sec. 3-5014. Mortgages or liens filed but not recorded.
4  Upon receipt of any mortgage, trust deed or conveyance of
5  personal property having the effect of a mortgage or lien upon
6  such property, upon which is indorsed the words, "this
7  instrument to be filed, but not recorded" or words of a similar
8  import, signed by the mortgagee, the mortgagee's his agent or
9  attorney, and upon payment of a fee equal to what would be
10  charged if the document were to be recorded, the recorder
11  shall mark the instrument "filed", endorse the time (including
12  the hour of the day) of the receipt thereof and file the same
13  in the his office.
14  Each instrument filed as above shall be numbered and
15  indexed by the recorder Recorder in the book wherein the
16  recorder he alphabetically indexes chattel mortgages and shall
17  refer to the number appearing on the filed instrument.
18  The recorder may destroy any instrument filed but not
19  recorded in the manner hereinabove provided, one year after
20  the maturity thereof as stated therein; except, no such
21  instrument may be destroyed until one year after the maturity
22  of the last extension thereof filed in the recorder's office.
23  (Source: P.A. 86-962.)
24  (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)

 

 

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1  Sec. 3-5015. Certificates of discharge or release from
2  active duty. Certificates of discharge or MEMBER-4 copy of
3  certificate of release or discharge from active duty of
4  honorably discharged or separated members of the military,
5  aviation and naval forces of the United States shall be
6  recorded by each recorder, free of charge, in a separate book
7  or computer database which shall be kept for the purpose. The
8  recorder in counties of over 500,000 population shall as soon
9  as practicable after the recording of the original discharge
10  certificate or MEMBER-4 copy of certificate of release or
11  discharge from active duty, deliver to each of the persons
12  named in the discharge certificate or MEMBER-4 copy of
13  certificate of release or discharge from active duty, or the
14  person's his agent, one certified copy of the person's his
15  discharge certificate or MEMBER-4 copy of certificate of
16  release or discharge from active duty without charge.
17  Additional certified copies shall be furnished by the recorder
18  upon the payment to the recorder of a fee of $1.25, payable in
19  advance, for each such additional certified copy. The recorder
20  may waive the fee for reasonable requests for additional
21  copies if the recorder deems collecting the fee to be a burden
22  to the county, but only if the fee is waived for all reasonable
23  requests for additional copies under this Section.
24  Upon the delivery of the certificate of discharge or
25  MEMBER-4 copy of certificate of release or discharge from
26  active duty after the recordation thereof is completed, and

 

 

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1  the delivery of one certified copy thereof to the person named
2  in the discharge certificate or MEMBER-4 copy of certificate
3  of release or discharge from active duty or the person's his
4  agent, the receipt theretofore issued by the recorder, or a
5  copy thereof shall be surrendered to the recorder, with a
6  signed statement acknowledging the receipt of the discharge
7  certificate or MEMBER-4 copy of certificate of release or
8  discharge from active duty and the certified copy thereof.
9  Certified copies of the certificates of discharge or
10  MEMBER-4 copy of certificate of release or discharge from
11  active duty furnished by the recorder may vary from the size of
12  the original, if in the judgment of the recorder, such
13  certified copies are complete and legible.
14  A military discharge form (DD-214) or any other
15  certificate of discharge or release from active duty document
16  that was issued by the United States government or any state
17  government in reference to those who served with an active or
18  inactive military reserve unit or National Guard force and
19  that was recorded by a County Clerk or Recorder of Deeds is not
20  subject to public inspection, enjoying all the protection
21  covered by the federal Privacy Act of 1974 or any other privacy
22  law. These documents shall be accessible only to the person
23  named in the document, the named person's dependents, the
24  county veterans' service officer, representatives of the
25  Department of Veterans' Affairs, or any person with written
26  authorization from the named person or the named person's

 

 

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1  dependents. Notwithstanding any other provision in this
2  paragraph, these documents shall be made available for public
3  inspection and copying in accordance with the archival
4  schedule adopted by the National Archives and Records
5  Administration and subject to redaction of information that is
6  considered private under the Illinois Freedom of Information
7  Act, the federal Freedom of Information Act, and the federal
8  Privacy Act.
9  (Source: P.A. 101-402, eff. 8-16-19.)
10  (55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
11  Sec. 3-5016. Quarters; office hours. Every recorder
12  Recorder shall keep the recorder's his office at the
13  courthouse of the county for which the recorder was elected he
14  is recorder, or in counties of the second or third class in
15  some other suitable building provided at the county seat by
16  the county for which the person was elected he is recorder and
17  shall keep the his office open except as hereinafter provided
18  and attend to the duties thereof in counties of the first and
19  second classes from 8 o'clock A.M. to 5 o'clock P.M. of each
20  working day, except Saturday and Sunday, and in counties of
21  the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
22  working day, except Saturday and Sunday. The , and except in
23  each county of all classes such days as under any law are or
24  may be legal holidays in any part of the county, as regards the
25  presenting for payment, acceptance, maturity, protesting, or

 

 

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1  giving notice of the dishonor of bills of exchange, bank
2  checks, promissory notes, or other negotiable or commercial
3  paper or instruments: Provided, however, that the hours of
4  opening and closing of the office of the recorder Recorder may
5  be changed and otherwise fixed and determined by the county
6  board of any county. Any such action taken by the county board
7  shall be by an appropriate resolution passed at a regular
8  meeting. The office of the recorder shall accept instruments
9  for recordation at all times during which the office is open.
10  (Source: P.A. 86-962.)
11  (55 ILCS 5/3-5018.2 new)
12  Sec. 3-5018.2. Predictable fee schedule for recordings in
13  first and second class counties.
14  (a) The fees of the recorder in counties of the first and
15  second class for recording deeds or other instruments in
16  writing and maps of plats of additions, subdivisions, or
17  otherwise and for certifying copies of records shall be paid
18  in advance and shall conform to this Section. The fees or
19  surcharges shall not, unless otherwise provided in this
20  Section, be based on the individual attributes of a document
21  to be recorded, including, but not limited to, page count;
22  number, length, or type of legal descriptions; number of tax
23  identification or other parcel-identifying code numbers;
24  number of common addresses; number of references contained as
25  to other recorded documents or document numbers; or any other

 

 

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1  individual attribute of the document. The fees charged under
2  this Section shall be inclusive of all county and State fees
3  that the county may elect or is required to impose or adjust,
4  including, but not limited to, GIS fees, automation fees,
5  document storage fees, and the Rental Housing Support Program
6  State and county surcharges.
7  (b) A county of the first or second class shall adopt and
8  implement, by ordinance or resolution, a predictable fee
9  schedule as provided in subsection (c) that eliminates
10  surcharges or fees based on the individual attributes of a
11  document to be recorded. If a county has previously adopted an
12  ordinance or resolution adopting a predictable fee schedule,
13  the county must adopt an ordinance or resolution revising that
14  predictable fee schedule to be consistent with this Section.
15  After a document class predictable fee is approved by a county
16  board consistent with this Section, the county board may, by
17  ordinance or resolution, increase the document class
18  predictable fee and collect the increased fees if the
19  established fees are not sufficient to cover the costs of
20  providing the services related to the document class for which
21  the fee is to be increased.
22  For the purposes of the fee charged, the ordinance or
23  resolution shall divide documents into the classifications
24  specified in subsection (c), and shall establish a single,
25  all-inclusive county and State-imposed aggregate predictable
26  fee charged for each classification of document at the time of

 

 

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1  recording for that document. Each document, unless otherwise
2  provided in this Section, shall fall within one of the
3  document class predictable fee classifications set by
4  subsection (c), and fees for each document class shall be
5  charged only as allowed by this Section.
6  Before approval of an ordinance or resolution under this
7  subsection that creates or modifies a predictable fee
8  schedule, the recorder or county clerk shall post a notice in
9  the recorder's or clerk's office at least 2 weeks prior, but
10  not more than 4 weeks prior, to the public meeting at which the
11  ordinance or resolution may be adopted. The notice shall
12  contain the proposed ordinance or resolution number, if any,
13  the proposed document class predictable fees for each
14  classification, and a reference to this Section and this
15  amendatory Act of the 103rd General Assembly. A predictable
16  fee schedule takes effect 60 days after an ordinance or
17  resolution is adopted, unless the fee schedule was previously
18  created and the ordinance or resolution is a modification
19  allowed under this Section.
20  Nothing in this Section precludes a county board from
21  adjusting amounts or allocations within a given document class
22  predictable fee when the document class predictable fee is not
23  increased or precludes an alternate predictable fee schedule
24  for electronic recording within each of the classifications
25  under subsection (c).
26  If the Rental Housing Support Program State surcharge is

 

 

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1  amended and the surcharge is increased or lowered, the
2  aggregate amount of the document predictable fee attributable
3  to the surcharge in the document may be changed accordingly.
4  If any fee or surcharge is changed by State statute, the county
5  may increase the document class fees by the same amount
6  without any cost study.
7  (c) A predictable fee schedule ordinance or resolution
8  adopted under this Section shall list document fees, including
9  document class predictable fees. The document classes shall be
10  as follows:
11  (1) Deeds. The aggregate fee for recording deeds shall
12  not be less than $31 (being a minimum $13 county fee plus
13  $18 for the Rental Housing Support Program State
14  surcharge). Inclusion of language in the deed as to any
15  restriction; covenant; lien; oil, gas, or other mineral
16  interest; easement; lease; or a mortgage shall not alter
17  the classification of a document as a deed.
18  (2) Leases, lease amendments, and similar transfer of
19  interest documents. The aggregate fee for recording
20  leases, lease amendments, and similar transfers of
21  interest documents shall not be less than $31 (being a
22  minimum $13 county fee plus $18 for the Rental Housing
23  Support Program State surcharge).
24  (3) Mortgages. The aggregate fee for recording
25  mortgages, including assignments, extensions, amendments,
26  subordinations, and mortgage releases shall not be less

 

 

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1  than $31 (being a minimum $13 county fee plus $18 for the
2  Rental Housing Support Program State surcharge).
3  (4) Easements not otherwise part of another
4  classification. The aggregate fee for recording easements
5  not otherwise part of another classification, including
6  assignments, extensions, amendments, and easement releases
7  not filed by a State agency, unit of local government, or
8  school district, shall not be less than $31 (being a
9  minimum $13 county fee plus $18 for the Rental Housing
10  Support Program State surcharge).
11  (5) Irregular documents. Any document presented that
12  does not conform to the following standards, even if it
13  may qualify for another document class, may be recorded
14  under this document class (5) if the irregularity allows a
15  legible reproduction of the document presented:
16  (A) The document shall consist of one or more
17  individual sheets measuring 8.5 inches by 11 inches,
18  not permanently bound, and not a continuous form.
19  Graphic displays accompanying a document to be
20  recorded that measure up to 11 inches by 17 inches
21  shall be recorded without charging an additional fee.
22  (B) The document shall be legibly printed in black
23  ink by hand, type, or computer. Signatures and dates
24  may be in contrasting colors if they will reproduce
25  clearly.
26  (C) The document shall be on white paper of not

 

 

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1  less than 20-pound weight and shall have a clean
2  margin of at least one-half inch on the top, the
3  bottom, and each side. Margins may be used only for
4  non-essential notations that will not affect the
5  validity of the document, including, but not limited
6  to, form numbers, page numbers, and customer
7  notations.
8  (D) The first page of the document shall contain a
9  blank space, measuring at least 3 inches by 5 inches,
10  from the upper right corner.
11  (E) The document shall not have any attachment
12  stapled or otherwise affixed to any page.
13  The aggregate fee for recording an irregular document
14  shall not be less than $31 (being a minimum $13 county fee
15  plus $18 for the Rental Housing Support Program State
16  surcharge).
17  (6) Blanket recordings. For any document that makes
18  specific reference to more than 5 tax parcels or property
19  identification numbers, or makes reference to 5 or more
20  document numbers, the aggregate fee shall be not less than
21  $31 (being a minimum $13 county fee plus $18 for the Rental
22  Housing Support Program State surcharge). A county may
23  adopt by ordinance and publish with its fee schedule an
24  additional fee or formula for each parcel, property
25  identification number, or document reference, above 5,
26  contained in an accepted document.

 

 

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1  (7) Miscellaneous. The aggregate fee for recording
2  documents not otherwise falling within classifications
3  under paragraphs (1) through (6) and are not otherwise
4  exempted documents shall not be less than $31 (being a
5  minimum $13 county fee plus $18 for the Rental Housing
6  Support Program State surcharge).
7  (d) For recording maps or plats of additions,
8  subdivisions, or otherwise (including the spreading of the
9  same of record in well bound books), $100 plus $2 for each
10  tract, parcel, or lot contained in the map or plat.
11  (e) Documents presented that meet the following criteria
12  shall be charged as otherwise provided by law or ordinance:
13  (1) a document recorded pursuant to the Uniform
14  Commercial Code; or
15  (2) a State lien or a federal lien.
16  Notwithstanding any other provision in this Section: (i)
17  the maximum fee that may be collected from the Department of
18  Revenue for filing or indexing a lien, certificate of lien
19  release or subordination, or any other type of notice or other
20  documentation affecting or concerning a lien is $5; and (ii)
21  the maximum fee that may be collected from the Department of
22  Revenue for indexing each additional name in excess of one for
23  any lien, certificate of lien release or subordination, or any
24  other type of notice or other documentation affecting or
25  concerning a lien is $1.
26  (f) For recording any document that affects an interest in

 

 

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1  real property, other than documents which solely affect or
2  relate to an easement for water, sewer, electricity, gas,
3  telephone, or other public service, the recorder shall charge
4  a minimum fee of $1 per document to all filers of documents not
5  filed by any State agency, any unit of local government, or any
6  school district. Half of the fee shall be deposited into the
7  county general revenue fund. The remaining half shall be
8  deposited into the County Recorder Document Storage System
9  Fund and may not be appropriated or expended for any other
10  purpose. The additional amounts available to the recorder for
11  expenditure from the County Recorder Document Storage System
12  Fund shall not offset or reduce any other county
13  appropriations or funding for the office of the recorder.
14  (g) For certified and non-certified copies of records, the
15  recorder and county may set a predictable fee for all copies
16  that does not exceed the highest total recording fee in any
17  established document classes, unless the copy fee is otherwise
18  provided in statute or ordinance. The total fee for a
19  certified copy of a map or plat of an addition, subdivision, or
20  otherwise may not exceed $200.
21  The fees allowed under this subsection apply to all
22  records, regardless of when they were recorded, based on
23  current recording fees. These predictable fees for certified
24  and non-certified copies shall apply to portions of documents
25  and to copies provided in any format, including paper,
26  microfilm, or electronic. A county may adopt a per-line

 

 

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1  pricing structure for copies of information in database
2  format.
3  (h) As provided under subsection (c), the recorder shall
4  collect an $18 Rental Housing Support Program State surcharge
5  for the recordation of any real estate-related document.
6  Payment of the Rental Housing Support Program State surcharge
7  shall be evidenced by a receipt that shall be marked upon or
8  otherwise affixed to the real estate-related document by the
9  recorder. The form of this receipt shall be prescribed by the
10  Department of Revenue and the receipts shall be issued by the
11  Department of Revenue to each county recorder.
12  The recorder shall not collect the Rental Housing Support
13  Program State surcharge from any State agency, unit of local
14  government, or school district.
15  On the 15th day of each month, each county recorder shall
16  report to the Department of Revenue, on a form prescribed by
17  the Department, the number of real estate-related documents
18  recorded for which the Rental Housing Support Program State
19  surcharge was collected. Each recorder shall submit $18 of
20  each surcharge collected in the preceding month to the
21  Department of Revenue and the Department shall deposit these
22  amounts in the Rental Housing Support Program Fund. Subject to
23  appropriation, amounts in the Fund may be expended only for
24  the purpose of funding and administering the Rental Housing
25  Support Program.
26  As used in this subsection, "real estate-related document"

 

 

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1  means that term as it is defined in Section 7 of the Rental
2  Housing Support Program Act.
3  (55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
4  Sec. 3-5019. Monthly list of conveyances. Immediately
5  following each calendar month, the recorder, in counties with
6  less than 1,000,000 inhabitants shall, upon their request,
7  transmit copies of all documents, plats and deeds conveying
8  real property to the county clerk, the county treasurer, the
9  tax map department, the supervisor of assessments and the
10  township assessor for which the office he shall be paid by the
11  county the usual and customary fee charged by the recorder for
12  furnishing such documents.
13  (Source: P.A. 86-962.)
14  (55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
15  Sec. 3-5020. Information to accompany conveyance
16  documents.
17  (a) In counties of the first and second class no recorder
18  shall record any conveyance of real estate unless the
19  conveyance contains the name and address of the grantee for
20  tax billing purposes.
21  (b) In counties with 3,000,000 or more inhabitants, the
22  county recorder shall not accept for filing any deed or
23  assignment of beneficial interest in a land trust in a
24  transaction which is exempt from filing a real estate transfer

 

 

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1  declaration under the provisions of Section 4 of the Real
2  Estate Transfer Tax Act, unless the deed or assignment of a
3  beneficial interest is accompanied by,
4  (1) a sworn or affirmed statement executed by the
5  grantor or the grantor's his agent stating that, to the
6  best of the grantor's or the grantor's agent's his
7  knowledge, the name of the grantee shown on the deed or
8  assignment of beneficial interest in a land trust is
9  either a natural person, an Illinois Corporation or
10  foreign corporation authorized to do business or acquire
11  and hold title to real estate in Illinois, a partnership
12  authorized to do business or acquire and hold title to
13  real estate in Illinois, or other entity recognized as a
14  person and authorized to do business or acquire and hold
15  title to real estate under the laws of the State of
16  Illinois, and
17  (2) a sworn or affirmed statement executed by the
18  grantee or the grantee's his agent verifying that the name
19  of the grantee shown on the deed or assignment of
20  beneficial interest in a land trust is either a natural
21  person, an Illinois corporation or foreign corporation
22  authorized to do business or acquire and hold title to
23  real estate in Illinois, a partnership authorized to do
24  business or acquire and hold title to real estate in
25  Illinois, or other entity recognized as a person and
26  authorized to do business or acquire and hold title to

 

 

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1  real estate under the laws of the State of Illinois. Any
2  person who knowingly submits a false statement required
3  under this Section concerning the identity of a grantee is
4  guilty of a Class C misdemeanor. A second or subsequent
5  conviction of such offense is a Class A misdemeanor.
6  (c) In the event that the document of conveyance is a
7  trustee's deed issued under resignation by a land trustee, the
8  statements pursuant to paragraphs (1) and (2) of subsection
9  (b) shall not be required, but the trustee's deed shall
10  instead be accompanied by a sworn or affirmed statement
11  executed by the grantor land trustee stating that the
12  trustee's deed has been issued pursuant to resignation by the
13  trustee, and that the name of the grantee shown on the
14  trustee's deed is the name of the beneficiary of the trust as
15  the trustee's his name appears in the trust files as of the
16  date of resignation.
17  (Source: P.A. 86-962; 87-543; 87-1236.)
18  (55 ILCS 5/3-5020.5)
19  Sec. 3-5020.5. Information concerning recorded or filed
20  instruments.  Each instrument recorded or filed with the
21  county recorder must contain the following:
22  (1) The name and address of the person to whom the
23  instrument is to be returned.
24  (2) The recorder's document number of any instrument (i)
25  referred to in the instrument being recorded or filed or (ii)

 

 

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1  relating to the instrument being recorded or filed, such as,
2  without limitation, the recorder's document number of a
3  mortgage when the instrument being recorded or filed is a
4  release of that mortgage.
5  (3) The book and page number, if applicable, or document
6  number of any instrument (i) referred to in the instrument
7  being recorded or filed or (ii) relating to the instrument
8  being recorded or filed.
9  (Source: P.A. 88-691, eff. 1-24-95.)
10  (55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
11  Sec. 3-5021.  Recording or registering instruments
12  transferring title to real estate or a beneficial interest in
13  real estate subject to a land trust. If any home rule
14  municipality has levied a real estate transfer tax and a
15  certified copy of the ordinance or resolution levying the tax,
16  specifying the rates and the design and denomination of stamps
17  evidencing payment thereof, has been on file with the county
18  recorder for at least 30 days, the recorder of that county may
19  not accept for recording or for registration under "An Act
20  concerning land titles", approved May 1, 1897, as amended, any
21  instrument transferring title to real estate in that
22  municipality, or the beneficial interest in real estate in
23  that municipality which is the subject of a land trust, for
24  which revenue stamps are required to be purchased under the
25  "Real Estate Transfer Tax Act", approved July 17, 1967, as

 

 

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1  amended, without proof of payment of the municipal real estate
2  transfer tax.
3  (Source: P.A. 86-962.)
4  (55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
5  Sec. 3-5024. Certificate of time of filing. When any
6  instrument in writing is recorded in the recorder's office,
7  the recorder shall indorse upon such instrument a certificate
8  of the time (including the hour of the day) when the same was
9  received for recordation (which shall be considered the time
10  of recording the same), and the book and page or document
11  number by and in which the same is recorded. The recorder shall
12  sign the certificate or shall affix the recorder's his
13  facsimile signature thereto. A physical or electronic image of
14  the recorder's stamp satisfies the signature requirement for
15  recorded instruments prior to, on, and after the effective
16  date of this amendatory Act of the 102nd General Assembly.
17  The certificate, when signed by the recorder, or to which
18  the recorder he has affixed the recorder's his facsimile
19  signature or a physical or electronic image of the recorder's
20  stamp, shall be evidence of the facts therein stated.
21  (Source: P.A. 102-838, eff. 5-13-22.)
22  (55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
23  Sec. 3-5025. Books. Every recorder shall keep the
24  following books or computer databases:

 

 

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1  1. An entry book, in which the recorder he or she
2  shall, immediately on the receipt of any instrument to be
3  recorded or filed, enter, in the order of its reception,
4  the names of the parties thereto, its date, the day of the
5  month, hour and year of receiving the same, and a brief
6  description of the premises, indorsing upon each
7  instrument a number corresponding with the number of such
8  entry.
9  2. A grantor's index, in which shall be entered the
10  name of each grantor, in alphabetical order, the name of
11  the grantee, date of the instrument, time of receipt, kind
12  of instrument, consideration, the book and page in which
13  it is recorded, or the number under which it is filed, and
14  a brief description of the premises.
15  3. A grantee's index, in which shall be entered the
16  name of each grantee, in alphabetical order, the name of
17  the grantor, date of the instrument, time of receipt, kind
18  of instrument, consideration, the book and page in which
19  it is recorded, or the number under which it is filed, and
20  a brief description of the premises.
21  4. An index to each book or computer database of
22  record, in which shall be entered, in alphabetical order,
23  the name of each grantor and grantee, and the page number
24  in which or reference number to which the instrument is
25  recorded.
26  5. When required by the county board, an abstract

 

 

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1  book, which shall show by tracts every conveyance or
2  incumbrance recorded, the date of the instrument, time of
3  filing the same, the book and page where the same is
4  recorded; which book shall be so kept as to show a true
5  chain of title to each tract and the incumbrances thereon,
6  as shown by the records of the his office.
7  6. An index to recorded maps, plats and subdivisions,
8  such index to be made by description of land mapped, or
9  subdivided by range, township, Section, quarter-section,
10  etc.
11  7. An index showing in alphabetical order the names of
12  the parties against whom judgments have been rendered or
13  made and transcripts or memoranda of such judgments have
14  been recorded, and the parties named in notices recorded
15  pursuant to Section 1 of "An Act concerning constructive
16  notice of condemnation proceedings, proceedings to sell
17  real property of decedents to pay debts, or other suits
18  seeking equitable relief involving real property, and
19  proceedings in bankruptcy" approved June 11, 1917, as
20  amended.
21  8. An index of all ordinances, petitions, assessment
22  rolls, orders, judgments or other documents filed or
23  recorded in respect of any drainage or special assessment
24  matter sufficient to enable the public to identify all
25  tracts involved therein and to locate all the documents
26  which have been filed or recorded. The recorder may

 

 

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1  solicit the assistance of the State Records Commission in
2  organizing and indexing these documents.
3  Any recorder may install or contract for the use of a
4  computerized system that will permit automated entry and
5  indexing, alphabetically by document, of instruments filed in
6  the his or her office and that will provide both quick search
7  and retrieval of such entries and hard copy print output,
8  whether on paper, optical disk media, or microfilm, of such
9  entries as indexed. If such a computerized system has been in
10  use in the his or her office for at least 6 months and the
11  recorder determines that it provides accurate and reliable
12  indices that may be stored as permanent records, more quickly
13  and efficiently than the system previously used, the recorder
14  may thereafter discontinue the use of the manual system and
15  use only the computerized system for such indices. In that
16  event, references in this Division to books, records or forms
17  as relate to such indices are intended to encompass and refer
18  to the computer system and all materials and forms directly
19  related to that system and its proper use.
20  This Section is subject to the Local Records Act.
21  (Source: P.A. 88-661, eff. 9-16-94.)
22  (55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
23  Sec. 3-5029.  Map, plat or subdivision of land; penalty. No
24  person shall offer or present for recording or record any map,
25  plat or subdivision of land situated in any incorporated city,

 

 

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1  town or village, nor within 1 1/2 miles of the corporate limits
2  of any incorporated city, town or village which has adopted a
3  city plan and is exercising the special powers authorized by
4  Division 12 of Article 11 of the Illinois Municipal Code, as
5  now or hereafter amended, and not included in any municipality
6  unless the map, plat or subdivision is under the seal of a
7  registered Illinois land surveyor and unless it is entitled to
8  record as provided in Sections 11-15-1 and 11-12-3 of the
9  Illinois Municipal Code, as now or hereafter amended. Any map,
10  plat or subdivision of land presented for recording shall have
11  attached thereto or endorsed thereon the Certificate of an
12  Illinois Registered Land Surveyor that the land is or is not
13  within any incorporated city, town or village, nor within 1
14  1/2 miles of the corporate limits of any incorporated city,
15  town or village which has adopted a city plan and is exercising
16  the special powers authorized by Division 12 of Article 11 of
17  the Illinois Municipal Code, as now or hereafter amended, and
18  not included in any municipality. No person shall offer or
19  present for recording or record any subdivision plat of any
20  lands bordering on or including any public waters of the State
21  in which the State of Illinois has any property rights or
22  property interests, unless such subdivision plat is under the
23  seal of a registered Illinois Land Surveyor and is approved by
24  the Department of Natural Resources, nor shall any person
25  offer or present for recording or record any map, plat or
26  subdivision of lands, without indicating whether any part of

 

 

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1  which as shown on the map, plat or subdivision is located
2  within a special flood hazard area as identified by the
3  Federal Emergency Management Agency nor shall any person offer
4  or present for recording or record any map, plat or
5  subdivision of land situated outside any incorporated city,
6  town or village unless the map, plat or subdivision is under
7  the seal of a registered Illinois land surveyor, and unless it
8  is entitled to record as provided in Section 5-1045, however,
9  the provisions of this Section shall not apply to any street or
10  highway survey map or plat. Any person who records, or who
11  offers or presents for recording, which offer or presentation
12  results in a recording of, any map, plat or subdivision of land
13  which the person he knows to be in violation of this Section
14  shall pay to the county the sum of $1,000 $200, to be recovered
15  in the circuit court, in the name of the state, for the use of
16  the county, with costs of suit.
17  (Source: P.A. 89-445, eff. 2-7-96.)
18  (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
19  Sec. 3-5031. Penalty. If any recorder shall willfully fail
20  to perform any duty imposed upon the recorder him by this
21  Division, the recorder he shall be guilty of malfeasance in
22  office, and shall be punished accordingly, and shall be liable
23  to the party injured for all damages occasioned thereby.
24  (Source: P.A. 95-877, eff. 1-1-09.)

 

 

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1  (55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
2  Sec. 3-5033. County to furnish books, equipment and
3  supplies. The county board of each county shall from time to
4  time, as may be necessary, provide the recorder of such county
5  with well-bound and properly ruled books, and where
6  photostating, optical disk storage, or microfilming is used,
7  the recorder shall likewise be furnished all such equipment
8  (such as computers, printers, and scanners) and supplies
9  necessary to the execution of the duties of the his office.
10  They may procure books of printed forms to be filled up in the
11  recording of any instrument, when the same may be done without
12  interlineation or erasure, and shall in all cases, when
13  practicable, procure the necessary index and abstract books
14  with printed headings. The cost of such books, equipment and
15  supplies shall be chargeable against the surplus fees of the
16  office, or paid by the county.
17  (Source: P.A. 88-661, eff. 9-16-94.)
18  (55 ILCS 5/3-5036.5)
19  Sec. 3-5036.5. Exchange of information for child support
20  enforcement.
21  (a) The recorder Recorder shall exchange with the
22  Department of Healthcare and Family Services information that
23  may be necessary for the enforcement of child support orders
24  entered pursuant to the Illinois Public Aid Code, the Illinois
25  Marriage and Dissolution of Marriage Act, the Non-Support of

 

 

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1  Spouse and Children Act, the Non-Support Punishment Act, the
2  Revised Uniform Reciprocal Enforcement of Support Act, the
3  Uniform Interstate Family Support Act, the Illinois Parentage
4  Act of 1984, or the Illinois Parentage Act of 2015.
5  (b) Notwithstanding any provisions in this Code to the
6  contrary, the recorder Recorder shall not be liable to any
7  person for any disclosure of information to the Department of
8  Healthcare and Family Services (formerly Illinois Department
9  of Public Aid) under subsection (a) or for any other action
10  taken in good faith to comply with the requirements of
11  subsection (a).
12  (Source: P.A. 99-85, eff. 1-1-16.)
13  (55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
14  Sec. 3-5037. Instruments to be re-recorded; fee; penalty.
15  In all cases where the records of any county have been or shall
16  hereafter be destroyed by fire or other casualty, it shall be
17  the duty of the recorder of such county to re-record all deeds,
18  mortgages or other instruments in writing which may have been
19  recorded or filed for record prior to the destruction of such
20  records, together with the certificates of such original
21  recording, that may be filed in the his office for
22  re-recording; and the recorder may charge and receive, as a
23  fee for re-recording such deeds, mortgages and other
24  instruments aforesaid, and the certificate of such recording,
25  5 for each 100 words or fractions thereof, and no more; and

 

 

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1  any recorder who shall charge a greater fee than the
2  foregoing, or who shall refuse to re-record such instruments
3  in writing, for the fee aforesaid, shall be deemed guilty of
4  malfeasance in office, and subject to all the penalties
5  prescribed by law for such offense.
6  (Source: P.A. 86-962.)
7  (55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
8  Sec. 3-5038. Judgment dockets. In all counties where a
9  recorder is elected in which the recorder has heretofore been,
10  or shall hereafter be required by the county board to keep
11  abstract books showing by tract every conveyance or
12  incumbrance recorded, the date of the instrument, the time of
13  filing same, the book and page where the same is recorded, and
14  showing a true chain of title to each tract and the
15  incumbrances thereon, as shown by the records of the his
16  office, such recorder shall and he is hereby authorized to
17  keep judgment dockets and indexes thereto, showing all
18  judicial proceedings affecting title to real estate in such
19  county, tax sale books with indexes thereto, showing sales or
20  forfeitures of all lands in the county for unpaid taxes and
21  assessments, and such other books as are usual or necessary to
22  be kept for the purpose of making complete abstracts of title
23  to real estate; and the county board shall furnish such
24  recorder with the necessary rooms, books, stationery, fuel and
25  lights for the purposes herein set forth: Provided, that

 

 

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1  nothing in this Division shall be construed to empower the
2  recorder to prevent the public from examining and taking
3  memoranda from all records and instruments filed for record,
4  indexes and other books in the recorder's his official
5  custody, but it shall be the recorder's his duty at all times,
6  when the his office is or is required by law to be open, to
7  allow all persons without fee or reward to examine and take
8  memoranda from the same. This Section is subject to the
9  provisions of the "The Local Records Act".
10  (Source: P.A. 86-962.)
11  (55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
12  Sec. 3-5045.  Scope of liability in connection with Uniform
13  Commercial Code. No recorder nor any of the recorder's his
14  employees or agents shall be subject to personal liability by
15  reason of any error or omission in the performance of any duty
16  under Article 9 of the Uniform Commercial Code except in case
17  of willful wilful negligence.
18  (Source: P.A. 86-962.)
19  (55 ILCS 5/4-12002.3 new)
20  Sec. 4-12002.3. Predictable fee schedule for recordings in
21  third class counties.
22  (a) The fees of the recorder in counties of the third class
23  for recording deeds or other instruments in writing and maps
24  of plats of additions, subdivisions, or otherwise and for

 

 

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1  certifying copies of records shall be paid in advance and
2  shall conform to this Section. The fees or surcharges shall
3  not, unless otherwise provided in this Section, be based on
4  the individual attributes of a document to be recorded,
5  including, but not limited to, page count; number, length, or
6  type of legal descriptions; number of tax identification or
7  other parcel-identifying code numbers; number of common
8  addresses; number of references contained as to other recorded
9  documents or document numbers; or any other individual
10  attribute of the document. The fees charged under this Section
11  shall be inclusive of all county and State fees that the county
12  may elect or is required to impose or adjust, including, but
13  not limited to, GIS fees, automation fees, document storage
14  fees, and the Rental Housing Support Program State and county
15  surcharges.
16  (b) A county of the third class shall adopt and implement,
17  by ordinance or resolution, a predictable fee schedule as
18  provided in subsection (c) that eliminates surcharges or fees
19  based on the individual attributes of a document to be
20  recorded. If a county has previously adopted an ordinance or
21  resolution adopting a predictable fee schedule, the county
22  must adopt an ordinance or resolution revising that
23  predictable fee schedule to be consistent with this Section.
24  After a document class predictable fee is approved by a county
25  board consistent with this Section, the county board may, by
26  ordinance or resolution, increase the document class

 

 

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1  predictable fee and collect the increased fees if the
2  established fees are not sufficient to cover the costs of
3  providing the services related to the document class for which
4  the fee is to be increased.
5  For the purposes of the fee charged, the ordinance or
6  resolution shall divide documents into the classifications
7  specified in subsection (c), and shall establish a single,
8  all-inclusive county and State-imposed aggregate predictable
9  fee charged for each classification of document at the time of
10  recording for that document. Each document, unless otherwise
11  provided in this Section, shall fall within one of the
12  document class predictable fee classifications set by
13  subsection (c), and fees for each document class shall be
14  charged only as allowed by this Section.
15  Before approval of an ordinance or resolution under this
16  subsection that creates or modifies a predictable fee
17  schedule, the recorder or county clerk shall post a notice in
18  the recorder's or clerk's office at least 2 weeks prior, but
19  not more than 4 weeks prior, to the public meeting at which the
20  ordinance or resolution may be adopted. The notice shall
21  contain the proposed ordinance or resolution number, if any,
22  the proposed document class predictable fees for each
23  classification, and a reference to this Section and this
24  amendatory Act of the 103rd General Assembly. A predictable
25  fee schedule takes effect 60 days after an ordinance or
26  resolution is adopted, unless the fee schedule was previously

 

 

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1  created and the ordinance or resolution is a modification
2  allowed under this Section.
3  Nothing in this Section precludes a county board from
4  adjusting amounts or allocations within a given document class
5  predictable fee when the document class predictable fee is not
6  increased or precludes an alternate predictable fee schedule
7  for electronic recording within each of the classifications
8  under subsection (c).
9  If the Rental Housing Support Program State surcharge is
10  amended and the surcharge is increased or lowered, the
11  aggregate amount of the document predictable fee attributable
12  to the surcharge in the document may be changed accordingly.
13  If any fee or surcharge is changed by State statute, the county
14  may increase the document class fees by the same amount
15  without any cost study.
16  (c) A predictable fee schedule ordinance or resolution
17  adopted under this Section shall list document fees, including
18  document class predictable fees. The document classes shall be
19  as follows:
20  (1) Deeds. The aggregate fee for recording deeds shall
21  not be less than $39 (being a minimum $21 county fee plus
22  $18 for the Rental Housing Support Program State
23  surcharge). Inclusion of language in the deed as to any
24  restriction; covenant; lien; oil, gas, or other mineral
25  interest; easement; lease; or a mortgage shall not alter
26  the classification of a document as a deed.

 

 

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1  (2) Leases, lease amendments, and similar transfer of
2  interest documents. The aggregate fee for recording
3  leases, lease amendments, and similar transfers of
4  interest documents shall not be less than $39 (being a
5  minimum $21 county fee plus $18 for the Rental Housing
6  Support Program State surcharge).
7  (3) Mortgages. The aggregate fee for recording
8  mortgages, including assignments, extensions, amendments,
9  subordinations, and mortgage releases shall not be less
10  than $39 (being a minimum $21 county fee plus $18 for the
11  Rental Housing Support Program State surcharge).
12  (4) Easements not otherwise part of another
13  classification. The aggregate fee for recording easements
14  not otherwise part of another classification, including
15  assignments, extensions, amendments, and easement releases
16  not filed by a State agency, unit of local government, or
17  school district, shall not be less than $39 (being a
18  minimum $21 county fee plus $18 for the Rental Housing
19  Support Program State surcharge).
20  (5) Irregular documents. Any document presented that
21  does not conform to the following standards, even if it
22  may qualify for another document class, may be recorded
23  under this document class (5) if the irregularity allows a
24  legible reproduction of the document presented:
25  (A) The document shall consist of one or more
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1  not permanently bound, and not a continuous form.
2  Graphic displays accompanying a document to be
3  recorded that measure up to 11 inches by 17 inches
4  shall be recorded without charging an additional fee.
5  (B) The document shall be legibly printed in black
6  ink by hand, type, or computer. Signatures and dates
7  may be in contrasting colors if they will reproduce
8  clearly.
9  (C) The document shall be on white paper of not
10  less than 20-pound weight and shall have a clean
11  margin of at least one-half inch on the top, the
12  bottom, and each side. Margins may be used only for
13  non-essential notations that will not affect the
14  validity of the document, including, but not limited
15  to, form numbers, page numbers, and customer
16  notations.
17  (D) The first page of the document shall contain a
18  blank space, measuring at least 3 inches by 5 inches,
19  from the upper right corner.
20  (E) The document shall not have any attachment
21  stapled or otherwise affixed to any page.
22  The aggregate fee for recording an irregular document
23  shall not be less than $39 (being a minimum $21 county fee
24  plus $18 for the Rental Housing Support Program State
25  surcharge).
26  (6) Blanket recordings. For any document that makes

 

 

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1  specific reference to more than 5 tax parcels or property
2  identification numbers, or makes reference to 5 or more
3  document numbers, the aggregate fee shall be not less than
4  $39 (being a minimum $21 county fee plus $18 for the Rental
5  Housing Support Program State surcharge). A county may
6  adopt by ordinance and publish with its fee schedule an
7  additional fee or formula for each parcel, property
8  identification number, or document reference, above 5,
9  contained in an accepted document.
10  (7) Miscellaneous. The aggregate fee for recording
11  documents not otherwise falling within classifications
12  under paragraphs (1) through (6) and are not otherwise
13  exempted documents shall not be less than $39 (being a
14  minimum $21 county fee plus $18 for the Rental Housing
15  Support Program State surcharge).
16  (d) For recording maps or plats of additions,
17  subdivisions, or otherwise (including the spreading of the
18  same of record in well bound books), $100 plus $2 for each
19  tract, parcel, or lot contained in the map or plat.
20  (e) Documents presented that meet the following criteria
21  shall be charged as otherwise provided by law or ordinance:
22  (1) a document recorded pursuant to the Uniform
23  Commercial Code; or
24  (2) a State lien or a federal lien.
25  Notwithstanding any other provision in this Section: (i)
26  the maximum fee that may be collected from the Department of

 

 

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1  Revenue for filing or indexing a lien, certificate of lien
2  release or subordination, or any other type of notice or other
3  documentation affecting or concerning a lien is $5; and (ii)
4  the maximum fee that may be collected from the Department of
5  Revenue for indexing each additional name in excess of one for
6  any lien, certificate of lien release or subordination, or any
7  other type of notice or other documentation affecting or
8  concerning a lien is $1.
9  (f) For recording any document that affects an interest in
10  real property, other than documents which solely affect or
11  relate to an easement for water, sewer, electricity, gas,
12  telephone, or other public service, the recorder shall charge
13  a minimum fee of $1 per document to all filers of documents not
14  filed by any State agency, any unit of local government, or any
15  school district. Half of the fee shall be deposited into the
16  county general revenue fund. The remaining half shall be
17  deposited into the County Recorder Document Storage System
18  Fund and may not be appropriated or expended for any other
19  purpose. The additional amounts available to the recorder for
20  expenditure from the County Recorder Document Storage System
21  Fund shall not offset or reduce any other county
22  appropriations or funding for the office of the recorder.
23  (g) For certified and non-certified copies of records, the
24  recorder and county may set a predictable fee for all copies
25  that does not exceed the highest total recording fee in any
26  established document classes, unless the copy fee is otherwise

 

 

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1  provided in statute or ordinance. The total fee for a
2  certified copy of a map or plat of an addition, subdivision, or
3  otherwise may not exceed $200.
4  The fees allowed under this subsection apply to all
5  records, regardless of when they were recorded, based on
6  current recording fees. These predictable fees for certified
7  and non-certified copies shall apply to portions of documents
8  and to copies provided in any format, including paper,
9  microfilm, or electronic. A county may adopt a per-line
10  pricing structure for copies of information in database
11  format.
12  (h) As provided under subsection (c), the recorder shall
13  collect an $18 Rental Housing Support Program State surcharge
14  for the recordation of any real estate-related document.
15  Payment of the Rental Housing Support Program State surcharge
16  shall be evidenced by a receipt that shall be marked upon or
17  otherwise affixed to the real estate-related document by the
18  recorder. The form of this receipt shall be prescribed by the
19  Department of Revenue and the receipts shall be issued by the
20  Department of Revenue to each county recorder.
21  The recorder shall not collect the Rental Housing Support
22  Program State surcharge from any State agency, unit of local
23  government, or school district.
24  On the 15th day of each month, each county recorder shall
25  report to the Department of Revenue, on a form prescribed by
26  the Department, the number of real estate-related documents

 

 

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1  recorded for which the Rental Housing Support Program State
2  surcharge was collected. Each recorder shall submit $18 of
3  each surcharge collected in the preceding month to the
4  Department of Revenue and the Department shall deposit these
5  amounts in the Rental Housing Support Program Fund. Subject to
6  appropriation, amounts in the Fund may be expended only for
7  the purpose of funding and administering the Rental Housing
8  Support Program.
9  As used in this subsection, "real estate-related document"
10  means that term as it is defined in Section 7 of the Rental
11  Housing Support Program Act.
12  (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
13  Sec. 4-12003. Fees of county clerk in third class
14  counties. The fees of the county clerk in counties of the third
15  class are:
16  For issuing each civil union or marriage license, sealing,
17  filing and recording the same and the certificate thereto (one
18  charge), a fee to be determined by the county board of the
19  county, not to exceed $75, which shall be the same, whether for
20  a civil union or marriage license. $5 from all civil union and
21  marriage license fees shall be remitted by the clerk to the
22  State Treasurer for deposit into the Domestic Violence Fund.
23  For taking, certifying to and sealing the acknowledgment
24  of a deed, power of attorney, or other writing, $1.
25  For filing and entering certificates in case of estrays,

 

 

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1  and furnishing notices for publication thereof (one charge),
2  $1.50.
3  For recording all papers and documents required by law to
4  be recorded in the office of the county clerk, $2 plus 30 for
5  every 100 words in excess of 600 words.
6  For certificate and seal, not in a case in a court whereof
7  he is clerk, $1.
8  For making and certifying a copy of any record or paper in
9  his office, $2 for every page.
10  For filing papers in his office, 50 for each paper filed,
11  except that no fee shall be charged for filing a Statement of
12  economic interest pursuant to the Illinois Governmental Ethics
13  Act or reports made pursuant to Article 9 of The Election Code.
14  For making transcript of taxable property for the
15  assessors, 8 for each tract of land or town lot. For extending
16  other than State and county taxes, 8 for each tax on each
17  tract or lot, and 8 for each person's personal tax, to be paid
18  by the authority for whose benefit the transcript is made and
19  the taxes extended. The county clerk shall certify to the
20  county collector the amount due from each authority for such
21  services and the collector in his settlement with such
22  authority shall reserve such amount from the amount payable by
23  him to such authority.
24  For adding and bringing forward with current tax warrants
25  amounts due for forfeited or withdrawn special assessments, 8
26  for each lot or tract of land described and transcribed.

 

 

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1  For computing and extending each assessment or installment
2  thereof and interest, 8 on each description; and for
3  computing and extending each penalty, 8 on each description.
4  These fees shall be paid by the city, village, or taxing body
5  for whose benefit the transcript is made and the assessment
6  and penalties are extended. The county clerk shall certify to
7  the county collector the amount due from each city, village or
8  taxing body, for such services, and the collector in his
9  settlement with such taxing body shall reserve such amount
10  from the amount payable by him to such city, village or other
11  taxing body.
12  For cancelling certificates of sale, $4 for each tract or
13  lot.
14  For making search and report of general taxes and special
15  assessments for use in the preparation of estimate of cost of
16  redemption from sales or forfeitures or withdrawals or for use
17  in the preparation of estimate of cost of purchase of
18  forfeited property, or for use in preparation of order on the
19  county collector for searches requested by buyers at annual
20  tax sale, for each lot or tract, $4 for the first year
21  searched, and $2 for each additional year or fraction thereof.
22  For preparing from tax search report estimate of cost of
23  redemption concerning property sold, forfeited or withdrawn
24  for non-payment of general taxes and special assessments, if
25  any, $1 for each lot or tract.
26  For certificate of deposit for redemption, $4.

 

 

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1  For preparing from tax search report estimate of and order
2  to county collector to receive amount necessary to redeem or
3  purchase lands or lots forfeited for non-payment of general
4  taxes, $3 for each lot or tract.
5  For preparing from tax search report estimate of and order
6  to county collector to receive amount necessary to redeem or
7  purchase lands or lots forfeited for non-payment of special
8  assessments, $4 for each lot or tract.
9  For issuing certificate of sale of forfeited property,
10  $10.
11  For noting on collector's warrants tax sales subject to
12  redemption, 20 for each tract or lot of land, to be paid by
13  either the person making the redemption from tax sale, the
14  person surrendering the certificate of sale for cancellation,
15  or the person taking out tax deed.
16  For noting on collector's warrant special assessments
17  withdrawn from collection 20 for each tract or lot of land, to
18  be charged against the lot assessed in the withdrawn special
19  assessment when brought forward with current tax or when
20  redeemed by the county clerk. The county clerk shall certify
21  to the county collector the amount due from each city, village
22  or taxing body for such fees, each year, and the county
23  collector in his settlement with such taxing body shall
24  reserve such amount from the amount payable by him to such
25  taxing body.
26  For taking and approving official bond of a town assessor,

 

 

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1  filing and recording same, and issuing certificate of election
2  or qualification to such official or to the Secretary of
3  State, $10, to be paid by the officer-elect.
4  For certified copies of plats, 20 for each lot shown in
5  copy, but no charge less than $4.
6  For tax search and issuing Statement regarding same on new
7  plats to be recorded, $10.
8  For furnishing written description in conformity with
9  permanent real estate index number, $2 for each written
10  description.
11  The following fees shall be allowed for services in
12  matters of taxes and assessments, and shall be charged as
13  costs against the delinquent property, and collected with the
14  taxes thereon:
15  For entering judgment, 8 for each tract or lot.
16  For services in attending the tax sale and issuing
17  certificates of sale and sealing the same, $10 for each tract
18  or lot.
19  For making list of delinquent lands and town lots sold, to
20  be filed with the State Comptroller, 10 for each tract or lot
21  sold.
22  The following fees shall be audited and allowed by the
23  board of county commissioners and paid from the county
24  treasury.
25  For computing State or county taxes, on each description
26  of real estate and each person's, firm's or corporation's

 

 

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1  personal property tax, for each extension of each tax, 4,
2  which shall include the transcribing of the collector's books.
3  For computing, extending and bringing forward, and adding
4  to the current tax, the amount due for general taxes on lands
5  and lots previously forfeited to the State, for each extension
6  of each tax, 4 for the first year, and for computing and
7  extending the tax and penalty for each additional year, 6.
8  For making duplicate or triplicate sets of books,
9  containing transcripts of taxable property, for the board of
10  assessors and board of review, 3 for each description entered
11  in each book.
12  For filing, indexing and recording or binding each birth,
13  death or stillbirth certificate or report, 15, which fee
14  shall be in full for all services in connection therewith,
15  including the keeping of accounts with district registrars.
16  For posting new subdivisions or plats in official atlases,
17  25 for each lot.
18  For compiling new sheets for atlases, 20 for each lot.
19  For compiling new atlases, including necessary record
20  searches, 25 for each lot.
21  For investigating and reporting on each new plat, referred
22  to county clerk, $2.
23  For attending sessions of the board of county
24  commissioners thereof, $5 per day, for each clerk in
25  attendance.
26  For recording proceedings of the board of county

 

 

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1  commissioners, 15 per 100 words.
2  For filing papers which must be kept in office of
3  comptroller of Cook County, 10 for each paper filed.
4  For filing and indexing contracts, bonds, communications,
5  and other such papers which must be kept in office of
6  comptroller of Cook County, 15 for each document.
7  For swearing any person to necessary affidavits relating
8  to the correctness of claims against the county, 25.
9  For issuing warrants in payment of salaries, supplies and
10  other accounts, and all necessary auditing and bookkeeping
11  work in connection therewith, 10 each.
12  The fee requirements of this Section do not apply to units
13  of local government or school districts.
14  The fees listed in this Section apply only when a county
15  board has not adjusted them by ordinance or otherwise set by
16  law.
17  (Source: P.A. 97-4, eff. 5-31-11.)
18  (55 ILCS 5/3-5017 rep.)
19  (55 ILCS 5/3-5018 rep.)
20  (55 ILCS 5/3-5018.1 rep.)
21  (55 ILCS 5/4-12002 rep.)
22  (55 ILCS 5/4-12002.1 rep.)
23  Section 10. The Counties Code is amended by repealing
24  Sections 3-5017, 3-5018, 3-5018.1, 4-12002, and 4-12002.1.
25  Section 99. Effective date. This Act takes effect January

 

 

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1  1, 2024.

 

 

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