33 | | - | adopts a resolution to continue the office of an elected |
---|
34 | | - | recorder. |
---|
35 | | - | (Source: P.A. 86-962; 86-1028.) |
---|
36 | | - | (55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002) |
---|
37 | | - | Sec. 3-5002. Bond. Every recorder, whether elected as such |
---|
38 | | - | or holding the office of recorder in addition to the office of |
---|
39 | | - | county clerk as hereinbefore provided, shall, before entering |
---|
40 | | - | upon the duties of the his or her office, give bonds (or, if |
---|
41 | | - | the county is self-insured, the county through its |
---|
42 | | - | self-insurance program may provide bonding), with sufficient |
---|
43 | | - | security to be approved by the circuit court, payable to the |
---|
44 | | - | People of the State of Illinois, in the penal sum of $10,000 |
---|
45 | | - | (except that in counties having a population of 60,000 or more |
---|
46 | | - | inhabitants the penalty of the bond shall be $20,000), |
---|
47 | | - | conditioned for the faithful discharge of the recorder's his |
---|
48 | | - | or her duties, and to deliver up all papers, books, records and |
---|
49 | | - | other things appertaining to the his or her office, whole, |
---|
50 | | - | safe and undefaced, when lawfully required so to do - which |
---|
51 | | - | bond shall be filed in the office of the Secretary of State, |
---|
52 | | - | and a copy thereof filed of record in the court. |
---|
53 | | - | (Source: P.A. 88-387.) |
---|
54 | | - | (55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003) |
---|
55 | | - | Sec. 3-5003. Oath. Each recorder, before entering upon the |
---|
56 | | - | duties of the his office, shall take and subscribe to the oath |
---|
57 | | - | |
---|
58 | | - | |
---|
59 | | - | or affirmation prescribed by Section 3, Article XIII of the |
---|
60 | | - | Constitution, which shall be filed with the county clerk. |
---|
61 | | - | (Source: P.A. 86-962.) |
---|
62 | | - | (55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004) |
---|
63 | | - | Sec. 3-5004. Commencement of duties. The recorder shall |
---|
64 | | - | enter upon the duties of the his office on the first day in the |
---|
65 | | - | month of December following the recorder's his election on |
---|
66 | | - | which the office of the recorder is required, by statute or by |
---|
67 | | - | action of the county board, to be open. The recorder He shall |
---|
68 | | - | be commissioned by the Governor. |
---|
69 | | - | (Source: P.A. 86-962.) |
---|
70 | | - | (55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005) |
---|
71 | | - | Sec. 3-5005. Functions, powers and duties of recorder. The |
---|
72 | | - | functions and powers of the recorders shall be uniform in the |
---|
73 | | - | various counties of this State. The recorder has those |
---|
74 | | - | functions, powers, and duties as provided in this Division the |
---|
75 | | - | Sections following this Section and preceding Section 3-5006. |
---|
76 | | - | (Source: P.A. 86-962.) |
---|
77 | | - | (55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1) |
---|
78 | | - | Sec. 3-5005.1. Appointment of deputies, assistants and |
---|
79 | | - | personnel. The recorder shall appoint his deputies, |
---|
80 | | - | assistants, and personnel to assist the recorder him in the |
---|
81 | | - | performance of the recorder's his duties. |
---|
82 | | - | |
---|
83 | | - | |
---|
84 | | - | (Source: P.A. 86-962.) |
---|
85 | | - | (55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2) |
---|
86 | | - | Sec. 3-5005.2. Internal operations of office. The recorder |
---|
87 | | - | shall have the right to control the internal operations of the |
---|
88 | | - | his office; to procure necessary equipment, materials and |
---|
89 | | - | services to perform the duties of the his office. The recorder |
---|
90 | | - | Recorder shall have the right to select the computer or |
---|
91 | | - | micrographic system to be used for document storage and |
---|
92 | | - | retrieval. The recorder Recorder may retain the services of |
---|
93 | | - | management or consulting firms to establish or maintain such a |
---|
94 | | - | system. |
---|
95 | | - | (Source: P.A. 86-962.) |
---|
96 | | - | (55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3) |
---|
97 | | - | Sec. 3-5005.3. Monthly report of financial status. The |
---|
98 | | - | recorder shall file a monthly report with the county clerk |
---|
99 | | - | summarizing the financial status of the his office in such |
---|
100 | | - | form as shall be determined by the county board. |
---|
101 | | - | (Source: P.A. 86-962.) |
---|
102 | | - | (55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4) |
---|
103 | | - | Sec. 3-5005.4. Deposit of fee income; special funds. The |
---|
104 | | - | recorder shall deposit in the office of the county treasurer |
---|
105 | | - | monthly by the 10th day of the month following, all fee income. |
---|
106 | | - | The recorder may maintain the following special funds from |
---|
107 | | - | |
---|
108 | | - | |
---|
109 | | - | which the county board shall authorize payment by voucher |
---|
110 | | - | between board meetings: |
---|
111 | | - | (a) Overpayments. |
---|
112 | | - | (b) Reasonable amount needed during the succeeding |
---|
113 | | - | accounting period to pay office expenses, postage, freight, |
---|
114 | | - | express or similar charges. |
---|
115 | | - | (c) Excess earnings from the sale of revenue stamps to be |
---|
116 | | - | maintained in a fund to be used for the purchase of additional |
---|
117 | | - | stamps from the Illinois Department of Revenue. |
---|
118 | | - | (d) Fund to pay necessary travel, dues and other expenses |
---|
119 | | - | incurred in attending workshops, educational seminars and |
---|
120 | | - | organizational meetings established for the purpose of |
---|
121 | | - | providing in-service training. |
---|
122 | | - | (e) Trust funds and for such other purposes as may be |
---|
123 | | - | provided for by law. |
---|
124 | | - | (f) Such other funds as may be authorized by the county |
---|
125 | | - | board. The recorder shall make accounting monthly to the |
---|
126 | | - | county board through the county clerk of all special funds |
---|
127 | | - | maintained by the recorder him in the discharge of the |
---|
128 | | - | recorder's his duties. |
---|
129 | | - | (Source: P.A. 86-962.) |
---|
130 | | - | (55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006) |
---|
131 | | - | Sec. 3-5006. Appointment of deputies in writing. |
---|
132 | | - | Appointments of deputies shall be in writing, and entered upon |
---|
133 | | - | the records of the his office. |
---|
134 | | - | |
---|
135 | | - | |
---|
136 | | - | (Source: P.A. 86-962.) |
---|
137 | | - | (55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007) |
---|
138 | | - | Sec. 3-5007. Oath of deputies. Each deputy shall, before |
---|
139 | | - | entering upon the deputy's duties of his office, take and |
---|
140 | | - | subscribe an oath or affirmation, in like form as is required |
---|
141 | | - | of the recorder, which shall be filed in the office of the |
---|
142 | | - | recorder. |
---|
143 | | - | (Source: P.A. 86-962.) |
---|
144 | | - | (55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008) |
---|
145 | | - | Sec. 3-5008. Powers of deputies. Deputy recorders duly |
---|
146 | | - | appointed and qualified may perform any and all duties of the |
---|
147 | | - | recorder in the name of the recorder, and the acts of such |
---|
148 | | - | deputies shall be held to be the acts of the recorder, and in |
---|
149 | | - | case of the death of the recorder or the recorder's his |
---|
150 | | - | deposition from office, the chief deputy shall thereupon |
---|
151 | | - | become the acting recorder until such vacancy shall be filled |
---|
152 | | - | according to the The Election Code, and the chief deputy he |
---|
153 | | - | shall file a like bond and be vested with the same powers and |
---|
154 | | - | subject to the same responsibilities and entitled to the same |
---|
155 | | - | compensation as in case of recorder. Provided, that if the |
---|
156 | | - | recorder is called into the active military service of the |
---|
157 | | - | United States, the his office shall not be deemed to be vacant |
---|
158 | | - | during the time the recorder he is in the active military |
---|
159 | | - | service of the United States, but during the time the recorder |
---|
160 | | - | |
---|
161 | | - | |
---|
162 | | - | he is in such active military service of the United States the |
---|
163 | | - | chief deputy recorder shall be the recorder, and shall perform |
---|
164 | | - | and discharge all of the duties of the recorder in such county, |
---|
165 | | - | and shall be paid the same compensation as provided by law for |
---|
166 | | - | the recorder of the county unless compensated at a higher rate |
---|
167 | | - | than the recorder as chief deputy, apportioned as to the time |
---|
168 | | - | of service, and the chief such deputy recorder shall cease to |
---|
169 | | - | be the recorder upon the discharge of said recorder from the |
---|
170 | | - | active military service of the United States; and provided |
---|
171 | | - | further, that the chief deputy recorder, upon becoming the |
---|
172 | | - | temporary recorder during the absence of the recorder in the |
---|
173 | | - | active military service of the United States, shall give bond |
---|
174 | | - | as required of a regularly elected recorder. |
---|
175 | | - | (Source: P.A. 86-962.) |
---|
176 | | - | (55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009) |
---|
177 | | - | Sec. 3-5009. Recorder liable for deputies. The recorder |
---|
178 | | - | shall be liable for any neglect or omission of the duties of |
---|
179 | | - | the his office, when occasioned by a deputy, in the same manner |
---|
180 | | - | as for the recorder's his own personal neglect or omission. |
---|
181 | | - | (Source: P.A. 86-962.) |
---|
182 | | - | (55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010) |
---|
183 | | - | Sec. 3-5010. Duties of recorder. Every recorder shall, as |
---|
184 | | - | soon as practicable after the receipt of any instrument in |
---|
185 | | - | writing in the his office, entitled to be recorded, record the |
---|
186 | | - | |
---|
187 | | - | |
---|
188 | | - | same at length in the order of time of its reception, in well |
---|
189 | | - | bound books or computer databases to be provided for that |
---|
190 | | - | purpose. In counties of 500,000 or more inhabitants, the |
---|
191 | | - | recorder may microphotograph or otherwise reproduce on film |
---|
192 | | - | any of such instruments in the manner provided by law. In |
---|
193 | | - | counties of less than 500,000 inhabitants, the recorder may |
---|
194 | | - | cause to be microphotographed or otherwise reproduced on film |
---|
195 | | - | any of such instruments or electronic method of storage. When |
---|
196 | | - | any such instrument is reproduced on film or electronic method |
---|
197 | | - | of storage, the film or electronic method of storage shall |
---|
198 | | - | comply with the minimum standards of quality approved for |
---|
199 | | - | records of the State Records Commission and the device used to |
---|
200 | | - | reproduce the records on the film or electronic method of |
---|
201 | | - | storage shall be one which accurately reproduces the contents |
---|
202 | | - | of the original. |
---|
203 | | - | (Source: P.A. 97-757, eff. 7-6-12.) |
---|
204 | | - | (55 ILCS 5/3-5010.5) |
---|
205 | | - | Sec. 3-5010.5. Fraud referral and review. |
---|
206 | | - | (a) Legislative findings. The General Assembly finds that |
---|
207 | | - | property fraud, including fraudulent filings intended to cloud |
---|
208 | | - | or fraudulently transfer title to property by recording false |
---|
209 | | - | or altered documents and deeds, is a rapidly growing problem |
---|
210 | | - | throughout the State. In order to combat the increase in the |
---|
211 | | - | number of these filings, a recorder may establish a process to |
---|
212 | | - | review and refer documents suspected to be fraudulent. |
---|
213 | | - | |
---|
214 | | - | |
---|
215 | | - | (b) Definitions. The terms "recording" and "filing" are |
---|
216 | | - | used interchangeably in this Section. |
---|
217 | | - | (c) Establishment and use of a fraud referral and review |
---|
218 | | - | process. A recorder who establishes a fraud referral and |
---|
219 | | - | review process under the provisions of this Section may use it |
---|
220 | | - | to review deeds and instruments and refer any of them to an |
---|
221 | | - | administrative law judge for review pursuant to subsection (g) |
---|
222 | | - | of this Section that cause the recorder to reasonably believe |
---|
223 | | - | that the filing may be fraudulent, unlawfully altered, or |
---|
224 | | - | intended to unlawfully cloud or transfer the title of any real |
---|
225 | | - | property. The recorder may enter into an intergovernmental |
---|
226 | | - | agreement with local law enforcement officials for the |
---|
227 | | - | purposes of this referral and review. A recorder may request |
---|
228 | | - | that the Secretary of the Department of Financial and |
---|
229 | | - | Professional Regulation assist in reviewing possible |
---|
230 | | - | fraudulent filings. Upon request, the Secretary, or the |
---|
231 | | - | Secretary's his or her designee, shall assist in identifying |
---|
232 | | - | the validity of filings. The recorder shall notify the |
---|
233 | | - | Secretary when a document suspected to be fraudulent is |
---|
234 | | - | discovered. |
---|
235 | | - | In counties with a population of less than 3 million, a |
---|
236 | | - | recorder shall provide public notice 90 days before the |
---|
237 | | - | establishment of the fraud referral and review process. The |
---|
238 | | - | notice shall include a statement of the recorder's intent to |
---|
239 | | - | create a fraud referral and review process and shall be |
---|
240 | | - | published in a newspaper of general circulation in the county |
---|
241 | | - | |
---|
242 | | - | |
---|
243 | | - | and, if feasible, posted on the recorder's website and at the |
---|
244 | | - | recorder's office or offices. |
---|
245 | | - | In determining whether to refer a document to an |
---|
246 | | - | administrative law judge for review, a recorder may take into |
---|
247 | | - | consideration any of the following factors: |
---|
248 | | - | (1) whether the owner of the property or owner's his |
---|
249 | | - | or her designated representative has reported to the |
---|
250 | | - | recorder that another individual is attempting or has |
---|
251 | | - | attempted to record a fraudulent deed or other instrument |
---|
252 | | - | upon the property; |
---|
253 | | - | (2) whether a law enforcement official has contacted |
---|
254 | | - | the recorder indicating that the law enforcement official |
---|
255 | | - | he or she has probable cause to suspect title or recording |
---|
256 | | - | fraud; |
---|
257 | | - | (3) whether the filer's name has a copyright attached |
---|
258 | | - | to it or the property owner's name has nonstandard |
---|
259 | | - | punctuation attached to it; |
---|
260 | | - | (4) whether the documents assert fines that do not |
---|
261 | | - | exist or have no basis under current law or that require |
---|
262 | | - | payment in gold or silver; |
---|
263 | | - | (5) whether the documents are maritime liens, or liens |
---|
264 | | - | under the Federal Maritime Lien Act or the Preferred Ship |
---|
265 | | - | Mortgage Act, or not authorized by the United States Coast |
---|
266 | | - | Guard; |
---|
267 | | - | (6) whether the documents are land patents not |
---|
268 | | - | authorized and certified by the United States Department |
---|
269 | | - | |
---|
270 | | - | |
---|
271 | | - | of the Interior Bureau of Land Management; |
---|
272 | | - | (7) whether the documents are representing that the |
---|
273 | | - | subject of the lien is releasing itself from a lien held by |
---|
274 | | - | another entity, with no apparent cooperation or |
---|
275 | | - | authorization provided by the lienholder; |
---|
276 | | - | (8) whether the documents are protesting or disputing |
---|
277 | | - | a foreclosure proceeding that are not filed within the |
---|
278 | | - | foreclosure suit and with the court presiding over the |
---|
279 | | - | matter; |
---|
280 | | - | (9) whether the documents are Uniform Commercial Code |
---|
281 | | - | filings referencing birth certificates or other private |
---|
282 | | - | records that are not in compliance with Section 9-501 of |
---|
283 | | - | the Uniform Commercial Code; |
---|
284 | | - | (10) whether the documents are re-recording deeds to |
---|
285 | | - | re-notarize or attach notary certification if prior |
---|
286 | | - | notarization already appears unaltered on the document of |
---|
287 | | - | record; |
---|
288 | | - | (11) whether the documents are asserting diplomatic |
---|
289 | | - | credentials or immunity, non-United States citizenship, or |
---|
290 | | - | independence from the laws of the United States; |
---|
291 | | - | (12) whether the documents are claims that a bank |
---|
292 | | - | cannot hold title after a foreclosure; |
---|
293 | | - | (13) whether the documents are deeds not properly |
---|
294 | | - | signed by the last legal owner of record or the owner's |
---|
295 | | - | court-appointed his or her court appointed representative |
---|
296 | | - | or attorney-in-fact under a power of attorney; |
---|
297 | | - | |
---|
298 | | - | |
---|
299 | | - | (14) whether the documents are manipulated or altered |
---|
300 | | - | federal or State legal or court forms that release a lien; |
---|
301 | | - | (15) whether a document is not related to a valid |
---|
302 | | - | existing or potential adverse transaction, existing lien, |
---|
303 | | - | or judgment of a court of competent jurisdiction; |
---|
304 | | - | (16) a document that is not related to a valid |
---|
305 | | - | existing or potential commercial or financial transaction, |
---|
306 | | - | existing agricultural or other lien, or judgment of a |
---|
307 | | - | court of competent jurisdiction; |
---|
308 | | - | (17) whether the document is filed with the intent to |
---|
309 | | - | harass or defraud the person identified in the record or |
---|
310 | | - | any other person; |
---|
311 | | - | (18) whether the document is filed with the intent to |
---|
312 | | - | harass or defraud any member of a governmental office, |
---|
313 | | - | including, but not limited to, the recorder's office, |
---|
314 | | - | local government offices, the State of Illinois, or the |
---|
315 | | - | Federal government; and |
---|
316 | | - | (19) whether the documents are previous court |
---|
317 | | - | determinations, including a previous determination by a |
---|
318 | | - | court of competent jurisdiction that a particular document |
---|
319 | | - | is fraudulent, invalid, or forged. |
---|
320 | | - | (d) Determinations. If a recorder determines, after review |
---|
321 | | - | by legal staff and counsel, that a deed or instrument that is |
---|
322 | | - | recorded in the grantor's index or the grantee's index may be |
---|
323 | | - | fraudulent, unlawfully altered, or intended to unlawfully |
---|
324 | | - | cloud or transfer the title of any real property, the recorder |
---|
325 | | - | |
---|
326 | | - | |
---|
327 | | - | he or she shall refer the deed or instrument to an |
---|
328 | | - | administrative law judge for review pursuant to subsection (g) |
---|
329 | | - | of this Section. The recorder shall record a Notice of |
---|
330 | | - | Referral in the grantor's index or the grantee's index |
---|
331 | | - | identifying the document, corresponding document number in |
---|
332 | | - | question, and the date of referral. The recorder shall also |
---|
333 | | - | notify the parties set forth in subsection (e) of this |
---|
334 | | - | Section. The recorder may, at the recorder's his or her |
---|
335 | | - | discretion, notify law enforcement officials regarding a |
---|
336 | | - | filing determined to be fraudulent, unlawfully altered, or |
---|
337 | | - | intended to unlawfully cloud or transfer the title of any real |
---|
338 | | - | property. |
---|
339 | | - | (e) Notice. The recorder shall use county property tax |
---|
340 | | - | records to identify and provide notice to the last owner of |
---|
341 | | - | record by telephone, if available, and certified mail both |
---|
342 | | - | when: (1) a deed or instrument has been referred for review and |
---|
343 | | - | determination; and (2) a final determination has been made |
---|
344 | | - | regarding the deed or instrument. Notice, by mail, shall also |
---|
345 | | - | be sent to the physical address of the property associated |
---|
346 | | - | with the deed or instrument. |
---|
347 | | - | (f) Administrative decision. The recorder's decision to |
---|
348 | | - | add a Notice of Referral and refer a document for review is a |
---|
349 | | - | final administrative decision that is subject to review by the |
---|
350 | | - | circuit court of the county where the real property is located |
---|
351 | | - | under the Administrative Review Law. The standard of review by |
---|
352 | | - | the circuit court shall be de novo. |
---|
353 | | - | |
---|
354 | | - | |
---|
355 | | - | (g) Referral and review process. Prior to referral, the |
---|
356 | | - | recorder shall notify the last owner of record of the document |
---|
357 | | - | or documents suspected to be fraudulent. The person, entity, |
---|
358 | | - | or legal representative thereof shall confirm in writing the |
---|
359 | | - | person's, entity's, or legal representative's his or her |
---|
360 | | - | belief that a document or documents are suspected to be |
---|
361 | | - | fraudulent and may request that the recorder refer the case |
---|
362 | | - | for review. Upon request, the recorder shall bring a case to |
---|
363 | | - | its county department of administrative hearings and, within |
---|
364 | | - | 10 business days after receipt, an administrative law judge |
---|
365 | | - | shall schedule a hearing to occur no later than 30 days after |
---|
366 | | - | receiving the referral. The referral and case shall clearly |
---|
367 | | - | identify the person, persons, or entity believed to be the |
---|
368 | | - | last true owner of record as the petitioner. Notice of the |
---|
369 | | - | hearing shall be provided by the administrative law judge to |
---|
370 | | - | the filer, or the party represented by the filer, of the |
---|
371 | | - | suspected fraudulent document, the legal representative of the |
---|
372 | | - | recorder of deeds who referred the case, and the last owner of |
---|
373 | | - | record, as identified in the referral. |
---|
374 | | - | If clear and convincing evidence shows the document in |
---|
375 | | - | question to be fraudulent, the administrative law judge shall |
---|
376 | | - | rule the document to be fraudulent and forward the judgment to |
---|
377 | | - | all the parties identified in this subsection. Upon receiving |
---|
378 | | - | notice of the judgment of fraud, the recorder shall, within 5 |
---|
379 | | - | business days, record a new document that includes a copy of |
---|
380 | | - | the judgment in front of the Notice of Referral that shall |
---|
381 | | - | |
---|
382 | | - | |
---|
383 | | - | clearly state that the document in question has been found to |
---|
384 | | - | be fraudulent and shall not be considered to affect the chain |
---|
385 | | - | of title of the property in any way. |
---|
386 | | - | If the administrative law judge finds the document to be |
---|
387 | | - | legitimate, the recorder shall, within 5 business days after |
---|
388 | | - | receiving notice, record a copy of the judgment. |
---|
389 | | - | A decision by an administrative law judge shall not |
---|
390 | | - | preclude a State's attorney or sheriff from proceeding with a |
---|
391 | | - | criminal investigation or criminal charges. If a county does |
---|
392 | | - | not have an administrative law judge that specializes in |
---|
393 | | - | public records, one shall be appointed within 3 months after |
---|
394 | | - | the effective date of this amendatory Act of the 98th General |
---|
395 | | - | Assembly, or the original case shall be forwarded to the |
---|
396 | | - | proper circuit court with jurisdiction. |
---|
397 | | - | Nothing in this Section precludes a private right of |
---|
398 | | - | action by any party with an interest in the property affected |
---|
399 | | - | by the review and referral, or the filer of the document or |
---|
400 | | - | documents suspected to be fraudulent. Nothing in this Section |
---|
401 | | - | requires a person or entity who may have had a fraudulent |
---|
402 | | - | document or encumbrance filed against the person's or entity's |
---|
403 | | - | his or her property to use the fraud review and referral |
---|
404 | | - | process or administrative review created by this Section. |
---|
405 | | - | (h) Fees. The recorder shall retain any filing fees |
---|
406 | | - | associated with filing a deed or instrument that is determined |
---|
407 | | - | to be fraudulent, unlawfully altered, or intended to |
---|
408 | | - | unlawfully cloud or transfer the title of any real property |
---|
409 | | - | |
---|
410 | | - | |
---|
411 | | - | under this Section. |
---|
412 | | - | (i) Liability. Neither a recorder nor any of the |
---|
413 | | - | recorder's his or her employees or agents shall be subject to |
---|
414 | | - | personal liability by reason of any error or omission in the |
---|
415 | | - | performance of any duty under this Section, except in case of |
---|
416 | | - | willful or wanton conduct. Neither the recorder nor any of the |
---|
417 | | - | recorder's his or her employees shall incur liability for the |
---|
418 | | - | referral or review, or failure to refer or review, a document |
---|
419 | | - | or instrument under this Section. |
---|
420 | | - | (j) Applicability. This Section applies only to filings |
---|
421 | | - | provided to the recorder on and after the effective date of |
---|
422 | | - | this amendatory Act of the 98th General Assembly. |
---|
423 | | - | (k) (Blank). |
---|
424 | | - | (Source: P.A. 100-276, eff. 8-22-17.) |
---|
425 | | - | (55 ILCS 5/3-5010.8) |
---|
426 | | - | (Section scheduled to be repealed on January 1, 2024) |
---|
427 | | - | Sec. 3-5010.8. Mechanics lien demand and referral pilot |
---|
428 | | - | program. |
---|
429 | | - | (a) Legislative findings. The General Assembly finds that |
---|
430 | | - | expired mechanics liens on residential property, which cloud |
---|
431 | | - | title to property, are a rapidly growing problem throughout |
---|
432 | | - | the State. In order to address the increase in expired |
---|
433 | | - | mechanics liens and, more specifically, those that have not |
---|
434 | | - | been released by the lienholder, a recorder may establish a |
---|
435 | | - | process to demand and refer mechanics liens that have been |
---|
436 | | - | |
---|
437 | | - | |
---|
438 | | - | recorded but not litigated or released in accordance with the |
---|
439 | | - | Mechanics Lien Act to an administrative law judge for |
---|
440 | | - | resolution or demand that the lienholder commence suit or |
---|
441 | | - | forfeit the lien. |
---|
442 | | - | (b) Definitions. As used in this Section: |
---|
443 | | - | "Demand to Commence Suit" means the written demand |
---|
444 | | - | specified in Section 34 of the Mechanics Lien Act. |
---|
445 | | - | "Mechanics lien" and "lien" are used interchangeably in |
---|
446 | | - | this Section. |
---|
447 | | - | "Notice of Expired Mechanics Lien" means the notice a |
---|
448 | | - | recorder gives to a property owner under subsection (d) |
---|
449 | | - | informing the property owner of an expired lien. |
---|
450 | | - | "Notice of Referral" means the document referring a |
---|
451 | | - | mechanics lien to a county's code hearing unit. |
---|
452 | | - | "Recording" and "filing" are used interchangeably in this |
---|
453 | | - | Section. |
---|
454 | | - | "Referral" or "refer" means a recorder's referral of a |
---|
455 | | - | mechanics lien to a county's code hearing unit to obtain a |
---|
456 | | - | determination as to whether a recorded mechanics lien is |
---|
457 | | - | valid. |
---|
458 | | - | "Residential property" means real property improved with |
---|
459 | | - | not less than one nor more than 4 residential dwelling units; a |
---|
460 | | - | residential condominium unit, including, but not limited to, |
---|
461 | | - | the common elements allocated to the exclusive use of the |
---|
462 | | - | condominium unit that form an integral part of the condominium |
---|
463 | | - | unit and any parking unit or units specified by the |
---|
464 | | - | |
---|
465 | | - | |
---|
466 | | - | declaration to be allocated to a specific residential |
---|
467 | | - | condominium unit; or a single tract of agriculture real estate |
---|
468 | | - | consisting of 40 acres or less that is improved with a |
---|
469 | | - | single-family residence. If a declaration of condominium |
---|
470 | | - | ownership provides for individually owned and transferable |
---|
471 | | - | parking units, "residential property" does not include the |
---|
472 | | - | parking unit of a specified residential condominium unit |
---|
473 | | - | unless the parking unit is included in the legal description |
---|
474 | | - | of the property against which the mechanics lien is recorded. |
---|
475 | | - | (c) Establishment of a mechanics lien demand and referral |
---|
476 | | - | process. After a public hearing, a recorder in a county with a |
---|
477 | | - | code hearing unit may adopt rules establishing a mechanics |
---|
478 | | - | lien demand and referral process for residential property. A |
---|
479 | | - | recorder shall provide public notice 90 days before the public |
---|
480 | | - | hearing. The notice shall include a statement of the |
---|
481 | | - | recorder's intent to create a mechanics lien demand and |
---|
482 | | - | referral process and shall be published in a newspaper of |
---|
483 | | - | general circulation in the county and, if feasible, be posted |
---|
484 | | - | on the recorder's website and at the recorder's office or |
---|
485 | | - | offices. |
---|
486 | | - | (d) Notice of Expired Lien. If a recorder determines, |
---|
487 | | - | after review by legal staff or counsel, that a mechanics lien |
---|
488 | | - | recorded in the grantor's index or the grantee's index is an |
---|
489 | | - | expired lien, the recorder shall serve a Notice of Expired |
---|
490 | | - | Lien by certified mail to the last known address of the owner. |
---|
491 | | - | The owner or legal representative of the owner of the |
---|
492 | | - | |
---|
493 | | - | |
---|
494 | | - | residential property shall confirm in writing the owner's or |
---|
495 | | - | legal representative's his or her belief that the lien is not |
---|
496 | | - | involved in pending litigation and, if there is no pending |
---|
497 | | - | litigation, as verified and confirmed by county court records, |
---|
498 | | - | the owner may request that the recorder proceed with a |
---|
499 | | - | referral or serve a Demand to Commence Suit. |
---|
500 | | - | For the purposes of this Section, a recorder shall |
---|
501 | | - | determine if a lien is an expired lien. A lien is expired if a |
---|
502 | | - | suit to enforce the lien has not been commenced or a |
---|
503 | | - | counterclaim has not been filed by the lienholder within 2 |
---|
504 | | - | years after the completion date of the contract as specified |
---|
505 | | - | in the recorded mechanics lien. The 2-year period shall be |
---|
506 | | - | increased to the extent that an automatic stay under Section |
---|
507 | | - | 362(a) of the United States Bankruptcy Code stays a suit or |
---|
508 | | - | counterclaim to foreclose the lien. If a work completion date |
---|
509 | | - | is not specified in the recorded lien, then the work |
---|
510 | | - | completion date is the date of recording of the mechanics |
---|
511 | | - | lien. |
---|
512 | | - | (e) Demand to Commence Suit. Upon receipt of an owner's |
---|
513 | | - | confirmation that the lien is not involved in pending |
---|
514 | | - | litigation and a request for the recorder to serve a Demand to |
---|
515 | | - | Commence Suit, the recorder shall serve a Demand to Commence |
---|
516 | | - | Suit on the lienholder of the expired lien as provided in |
---|
517 | | - | Section 34 of the Mechanics Lien Act. A recorder may request |
---|
518 | | - | that the Secretary of State assist in providing registered |
---|
519 | | - | agent information or obtain information from the Secretary of |
---|
520 | | - | |
---|
521 | | - | |
---|
522 | | - | State's registered business database when the recorder seeks |
---|
523 | | - | to serve a Demand to Commence suit on the lienholder. Upon |
---|
524 | | - | request, the Secretary of State, or the Secretary of State's |
---|
525 | | - | his or her designee, shall provide the last known address or |
---|
526 | | - | registered agent information for a lienholder who is |
---|
527 | | - | incorporated or doing business in the State. The recorder must |
---|
528 | | - | record a copy of the Demand to Commence suit in the grantor's |
---|
529 | | - | index or the grantee's index identifying the mechanics lien |
---|
530 | | - | and include the corresponding document number and the date of |
---|
531 | | - | demand. The recorder may, at the recorder's his or her |
---|
532 | | - | discretion, notify the Secretary of State regarding a Demand |
---|
533 | | - | to Commence suit determined to involve a company, corporation, |
---|
534 | | - | or business registered with that office. |
---|
535 | | - | When the lienholder commences a suit or files an answer |
---|
536 | | - | within 30 days or the lienholder records a release of lien with |
---|
537 | | - | the county recorder as required by subsection (a) of Section |
---|
538 | | - | 34 of the Mechanics Lien Act, then the demand and referral |
---|
539 | | - | process is completed for the recorder for that property. If |
---|
540 | | - | service under this Section is responded to consistent with |
---|
541 | | - | Section 34 of the Mechanics Lien Act, the recorder may not |
---|
542 | | - | proceed under subsection (f). If no response is received |
---|
543 | | - | consistent with Section 34 of the Mechanics Lien Act, the |
---|
544 | | - | recorder may proceed under subsection (f). |
---|
545 | | - | (f) Referral. Upon receipt of an owner's confirmation that |
---|
546 | | - | the lien is not involved in pending litigation and a request |
---|
547 | | - | for the recorder to proceed with a referral, the recorder |
---|
548 | | - | |
---|
549 | | - | |
---|
550 | | - | shall: (i) file the Notice of Referral with the county's code |
---|
551 | | - | hearing unit; (ii) identify and notify the lienholder by |
---|
552 | | - | telephone, if available, of the referral and send a copy of the |
---|
553 | | - | Notice of Referral by certified mail to the lienholder using |
---|
554 | | - | information included in the recorded mechanics lien or the |
---|
555 | | - | last known address or registered agent received from the |
---|
556 | | - | Secretary of State or obtained from the Secretary of State's |
---|
557 | | - | registered business database; (iii) send a copy of the Notice |
---|
558 | | - | of Referral by mail to the physical address of the property |
---|
559 | | - | owner associated with the lien; and (iv) record a copy of the |
---|
560 | | - | Notice of Referral in the grantor's index or the grantee's |
---|
561 | | - | index identifying the mechanics lien and include the |
---|
562 | | - | corresponding document number. The Notice of Referral shall |
---|
563 | | - | clearly identify the person, persons, or entity believed to be |
---|
564 | | - | the owner, assignee, successor, or beneficiary of the lien. |
---|
565 | | - | The recorder may, at the recorder's his or her discretion, |
---|
566 | | - | notify the Secretary of State regarding a referral determined |
---|
567 | | - | to involve a company, corporation, or business registered with |
---|
568 | | - | that office. |
---|
569 | | - | No earlier than 30 business days after the date the |
---|
570 | | - | lienholder is required to respond to a Demand to Commence Suit |
---|
571 | | - | under Section 34 of the Mechanics Lien Act, the code hearing |
---|
572 | | - | unit shall schedule a hearing to occur at least 30 days after |
---|
573 | | - | sending notice of the date of hearing. Notice of the hearing |
---|
574 | | - | shall be provided by the county recorder, by and through the |
---|
575 | | - | recorder's his or her representative, to the filer, or the |
---|
576 | | - | |
---|
577 | | - | |
---|
578 | | - | party represented by the filer, of the expired lien, the legal |
---|
579 | | - | representative of the recorder of deeds who referred the case, |
---|
580 | | - | and the last owner of record, as identified in the Notice of |
---|
581 | | - | Referral. |
---|
582 | | - | If the recorder shows by clear and convincing evidence |
---|
583 | | - | that the lien in question is an expired lien, the |
---|
584 | | - | administrative law judge shall rule the lien is forfeited |
---|
585 | | - | under Section 34.5 of the Mechanics Lien Act and that the lien |
---|
586 | | - | no longer affects the chain of title of the property in any |
---|
587 | | - | way. The judgment shall be forwarded to all parties identified |
---|
588 | | - | in this subsection. Upon receiving judgment of a forfeited |
---|
589 | | - | lien, the recorder shall, within 5 business days, record a |
---|
590 | | - | copy of the judgment in the grantor's index or the grantee's |
---|
591 | | - | index. |
---|
592 | | - | If the administrative law judge finds the lien is not |
---|
593 | | - | expired, the recorder shall, no later than 5 business days |
---|
594 | | - | after receiving notice of the decision of the administrative |
---|
595 | | - | law judge, record a copy of the judgment in the grantor's index |
---|
596 | | - | or the grantee's index. |
---|
597 | | - | A decision by an administrative law judge is reviewable |
---|
598 | | - | under the Administrative Review Law, and nothing in this |
---|
599 | | - | Section precludes a property owner or lienholder from |
---|
600 | | - | proceeding with a civil action to resolve questions concerning |
---|
601 | | - | a mechanics lien. |
---|
602 | | - | A lienholder or property owner may remove the action from |
---|
603 | | - | the code hearing unit to the circuit court as provided in |
---|
604 | | - | |
---|
605 | | - | |
---|
606 | | - | subsection (i). |
---|
607 | | - | (g) Final administrative decision. The recorder's decision |
---|
608 | | - | to refer a mechanics lien or serve a Demand to Commence Suit is |
---|
609 | | - | a final administrative decision that is subject to review |
---|
610 | | - | under the Administrative Review Law by the circuit court of |
---|
611 | | - | the county where the real property is located. The standard of |
---|
612 | | - | review by the circuit court shall be consistent with the |
---|
613 | | - | Administrative Review Law. |
---|
614 | | - | (h) Liability. A recorder and the recorder's his or her |
---|
615 | | - | employees or agents are not subject to personal liability by |
---|
616 | | - | reason of any error or omission in the performance of any duty |
---|
617 | | - | under this Section, except in the case of willful or wanton |
---|
618 | | - | conduct. The recorder and the recorder's his or her employees |
---|
619 | | - | or agents are not liable for the decision to refer a lien or |
---|
620 | | - | serve a Demand to Commence Suit, or failure to refer or serve a |
---|
621 | | - | Demand to Commence Suit, of a lien under this Section. |
---|
622 | | - | (i) Private actions; use of demand and referral process. |
---|
623 | | - | Nothing in this Section precludes a private right of action by |
---|
624 | | - | any party with an interest in the property affected by the |
---|
625 | | - | mechanics lien or a decision by the code hearing unit. Nothing |
---|
626 | | - | in this Section requires a person or entity who may have a |
---|
627 | | - | mechanics lien recorded against the person's or entity's his |
---|
628 | | - | or her property to use the mechanics lien demand and referral |
---|
629 | | - | process created by this Section. |
---|
630 | | - | A lienholder or property owner may remove a matter in the |
---|
631 | | - | referral process to the circuit court at any time prior to the |
---|
632 | | - | |
---|
633 | | - | |
---|
634 | | - | final decision of the administrative law judge by delivering a |
---|
635 | | - | certified notice of the suit filed in the circuit court to the |
---|
636 | | - | administrative law judge. Upon receipt of the certified |
---|
637 | | - | notice, the administrative law judge shall dismiss the matter |
---|
638 | | - | without prejudice. If the matter is dismissed due to removal, |
---|
639 | | - | then the demand and referral process is completed for the |
---|
640 | | - | recorder for that property. If the circuit court dismisses the |
---|
641 | | - | removed matter without deciding on whether the lien is expired |
---|
642 | | - | and without prejudice, the recorder may reinstitute the demand |
---|
643 | | - | and referral process under subsection (d). |
---|
644 | | - | (j) Repeal. This Section is repealed on January 1, 2024. |
---|
645 | | - | (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.) |
---|
646 | | - | (55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011) |
---|
647 | | - | Sec. 3-5011. Office to remain open during bank holiday. |
---|
648 | | - | Whenever an emergency exists which involves the banking or |
---|
649 | | - | credit structure within the State of Illinois, and which is |
---|
650 | | - | recognized by a proclamation by the Governor or by an act or |
---|
651 | | - | resolution of the General Assembly, and by such proclamation |
---|
652 | | - | of the Governor a public holiday has been or shall be declared, |
---|
653 | | - | the proclamation of such public holiday shall not require the |
---|
654 | | - | recorder or registrar of titles in any county in this State to |
---|
655 | | - | close the recorder's or registrar's his office, but every such |
---|
656 | | - | recorder or registrar of titles shall continue to keep the |
---|
657 | | - | recorder's or registrar's his office open and to operate in |
---|
658 | | - | the same manner as though no such public holiday had been |
---|
659 | | - | |
---|
660 | | - | |
---|
661 | | - | declared, unless in and by such proclamation the Governor of |
---|
662 | | - | this State shall make specific reference to the closing of |
---|
663 | | - | recorders' or registrars' offices in this State. The actions |
---|
664 | | - | of any recorder or registrar of titles performed prior to May |
---|
665 | | - | 26, 1933 and during the continuance of any such holiday, are |
---|
666 | | - | validated. |
---|
667 | | - | (Source: P.A. 86-962.) |
---|
668 | | - | (55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012) |
---|
669 | | - | Sec. 3-5012. Recording and indexing books. Separate books |
---|
670 | | - | and computer databases may be kept for the recording and |
---|
671 | | - | indexing of different classes of instruments. Three distinct |
---|
672 | | - | series of document numbers may be used for recording documents |
---|
673 | | - | received for recordation, one series of numbers to be preceded |
---|
674 | | - | by the letter "b" in each case, which series shall be used only |
---|
675 | | - | for bills of sale of personal property, chattel mortgages and |
---|
676 | | - | releases, extensions and assignments, thereof, one series of |
---|
677 | | - | numbers to be preceded by the letter "c" in each case, which |
---|
678 | | - | series shall be used only for certificates of discharge of |
---|
679 | | - | discharged members of the military, aviation and naval forces |
---|
680 | | - | of the United States, and the other series of document numbers |
---|
681 | | - | shall be used for all other instruments received for |
---|
682 | | - | recordation. When three series of document numbers are thus |
---|
683 | | - | used, a separate place may be provided in the Recorder's |
---|
684 | | - | office for the receipt of each kind of documents to which such |
---|
685 | | - | serial numbers apply. |
---|
686 | | - | |
---|
687 | | - | |
---|
688 | | - | (Source: P.A. 86-962.) |
---|
689 | | - | (55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013) |
---|
690 | | - | Sec. 3-5013. Transcription or reproduction of written |
---|
691 | | - | instruments. The recorder, when recording at length |
---|
692 | | - | instruments in writing in the his or her office, may |
---|
693 | | - | transcribe the instruments in handwriting or typewriting, make |
---|
694 | | - | photographic or photostatic reproductions of the instruments, |
---|
695 | | - | or transcribe the instruments partly in handwriting or |
---|
696 | | - | typewriting and make photographic or photostatic reproductions |
---|
697 | | - | of the remaining portions of the instruments. Every document, |
---|
698 | | - | however, shall be filed in a complete and intelligible manner. |
---|
699 | | - | The recorder may not accept facsimile or other photographic or |
---|
700 | | - | photostatic copies of the signatures of parties executing |
---|
701 | | - | documents without labeling those signatures as copies unless |
---|
702 | | - | they are digital signatures submitted under federal or State |
---|
703 | | - | law. When photographic or photostatic reproductions are used, |
---|
704 | | - | the recorder shall first be satisfied that the reproductions |
---|
705 | | - | are as lasting and durable as handwritten or typewritten |
---|
706 | | - | copies. The reproductions may shall be upon sheets bound |
---|
707 | | - | together in well bound books or placed in books that are |
---|
708 | | - | permanently locked so that the sheets cannot be tampered with |
---|
709 | | - | or removed. When instruments are reproduced by |
---|
710 | | - | microphotography, digital scanning, or otherwise reproduced on |
---|
711 | | - | film as provided in this Section the reproduction thus made |
---|
712 | | - | shall be deemed the record for all purposes. |
---|
713 | | - | |
---|
714 | | - | |
---|
715 | | - | (Source: P.A. 86-962; 87-376.) |
---|
716 | | - | (55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014) |
---|
717 | | - | Sec. 3-5014. Mortgages or liens filed but not recorded. |
---|
718 | | - | Upon receipt of any mortgage, trust deed or conveyance of |
---|
719 | | - | personal property having the effect of a mortgage or lien upon |
---|
720 | | - | such property, upon which is indorsed the words, "this |
---|
721 | | - | instrument to be filed, but not recorded" or words of a similar |
---|
722 | | - | import, signed by the mortgagee, the mortgagee's his agent or |
---|
723 | | - | attorney, and upon payment of a fee equal to what would be |
---|
724 | | - | charged if the document were to be recorded, the recorder |
---|
725 | | - | shall mark the instrument "filed", endorse the time (including |
---|
726 | | - | the hour of the day) of the receipt thereof and file the same |
---|
727 | | - | in the his office. |
---|
728 | | - | Each instrument filed as above shall be numbered and |
---|
729 | | - | indexed by the recorder Recorder in the book wherein the |
---|
730 | | - | recorder he alphabetically indexes chattel mortgages and shall |
---|
731 | | - | refer to the number appearing on the filed instrument. |
---|
732 | | - | The recorder may destroy any instrument filed but not |
---|
733 | | - | recorded in the manner hereinabove provided, one year after |
---|
734 | | - | the maturity thereof as stated therein; except, no such |
---|
735 | | - | instrument may be destroyed until one year after the maturity |
---|
736 | | - | of the last extension thereof filed in the recorder's office. |
---|
737 | | - | (Source: P.A. 86-962.) |
---|
738 | | - | (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015) |
---|
739 | | - | |
---|
740 | | - | |
---|
741 | | - | Sec. 3-5015. Certificates of discharge or release from |
---|
742 | | - | active duty. Certificates of discharge or MEMBER-4 copy of |
---|
743 | | - | certificate of release or discharge from active duty of |
---|
744 | | - | honorably discharged or separated members of the military, |
---|
745 | | - | aviation and naval forces of the United States shall be |
---|
746 | | - | recorded by each recorder, free of charge, in a separate book |
---|
747 | | - | or computer database which shall be kept for the purpose. The |
---|
748 | | - | recorder in counties of over 500,000 population shall as soon |
---|
749 | | - | as practicable after the recording of the original discharge |
---|
750 | | - | certificate or MEMBER-4 copy of certificate of release or |
---|
751 | | - | discharge from active duty, deliver to each of the persons |
---|
752 | | - | named in the discharge certificate or MEMBER-4 copy of |
---|
753 | | - | certificate of release or discharge from active duty, or the |
---|
754 | | - | person's his agent, one certified copy of the person's his |
---|
755 | | - | discharge certificate or MEMBER-4 copy of certificate of |
---|
756 | | - | release or discharge from active duty without charge. |
---|
757 | | - | Additional certified copies shall be furnished by the recorder |
---|
758 | | - | upon the payment to the recorder of a fee of $1.25, payable in |
---|
759 | | - | advance, for each such additional certified copy. The recorder |
---|
760 | | - | may waive the fee for reasonable requests for additional |
---|
761 | | - | copies if the recorder deems collecting the fee to be a burden |
---|
762 | | - | to the county, but only if the fee is waived for all reasonable |
---|
763 | | - | requests for additional copies under this Section. |
---|
764 | | - | Upon the delivery of the certificate of discharge or |
---|
765 | | - | MEMBER-4 copy of certificate of release or discharge from |
---|
766 | | - | active duty after the recordation thereof is completed, and |
---|
767 | | - | |
---|
768 | | - | |
---|
769 | | - | the delivery of one certified copy thereof to the person named |
---|
770 | | - | in the discharge certificate or MEMBER-4 copy of certificate |
---|
771 | | - | of release or discharge from active duty or the person's his |
---|
772 | | - | agent, the receipt theretofore issued by the recorder, or a |
---|
773 | | - | copy thereof shall be surrendered to the recorder, with a |
---|
774 | | - | signed statement acknowledging the receipt of the discharge |
---|
775 | | - | certificate or MEMBER-4 copy of certificate of release or |
---|
776 | | - | discharge from active duty and the certified copy thereof. |
---|
777 | | - | Certified copies of the certificates of discharge or |
---|
778 | | - | MEMBER-4 copy of certificate of release or discharge from |
---|
779 | | - | active duty furnished by the recorder may vary from the size of |
---|
780 | | - | the original, if in the judgment of the recorder, such |
---|
781 | | - | certified copies are complete and legible. |
---|
782 | | - | A military discharge form (DD-214) or any other |
---|
783 | | - | certificate of discharge or release from active duty document |
---|
784 | | - | that was issued by the United States government or any state |
---|
785 | | - | government in reference to those who served with an active or |
---|
786 | | - | inactive military reserve unit or National Guard force and |
---|
787 | | - | that was recorded by a County Clerk or Recorder of Deeds is not |
---|
788 | | - | subject to public inspection, enjoying all the protection |
---|
789 | | - | covered by the federal Privacy Act of 1974 or any other privacy |
---|
790 | | - | law. These documents shall be accessible only to the person |
---|
791 | | - | named in the document, the named person's dependents, the |
---|
792 | | - | county veterans' service officer, representatives of the |
---|
793 | | - | Department of Veterans' Affairs, or any person with written |
---|
794 | | - | authorization from the named person or the named person's |
---|
795 | | - | |
---|
796 | | - | |
---|
797 | | - | dependents. Notwithstanding any other provision in this |
---|
798 | | - | paragraph, these documents shall be made available for public |
---|
799 | | - | inspection and copying in accordance with the archival |
---|
800 | | - | schedule adopted by the National Archives and Records |
---|
801 | | - | Administration and subject to redaction of information that is |
---|
802 | | - | considered private under the Illinois Freedom of Information |
---|
803 | | - | Act, the federal Freedom of Information Act, and the federal |
---|
804 | | - | Privacy Act. |
---|
805 | | - | (Source: P.A. 101-402, eff. 8-16-19.) |
---|
806 | | - | (55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016) |
---|
807 | | - | Sec. 3-5016. Quarters; office hours. Every recorder |
---|
808 | | - | Recorder shall keep the recorder's his office at the |
---|
809 | | - | courthouse of the county for which the recorder was elected he |
---|
810 | | - | is recorder, or in counties of the second or third class in |
---|
811 | | - | some other suitable building provided at the county seat by |
---|
812 | | - | the county for which the person was elected he is recorder and |
---|
813 | | - | shall keep the his office open except as hereinafter provided |
---|
814 | | - | and attend to the duties thereof in counties of the first and |
---|
815 | | - | second classes from 8 o'clock A.M. to 5 o'clock P.M. of each |
---|
816 | | - | working day, except Saturday and Sunday, and in counties of |
---|
817 | | - | the third class from 9 o'clock A.M. to 5 o'clock P.M. of each |
---|
818 | | - | working day, except Saturday and Sunday. The , and except in |
---|
819 | | - | each county of all classes such days as under any law are or |
---|
820 | | - | may be legal holidays in any part of the county, as regards the |
---|
821 | | - | presenting for payment, acceptance, maturity, protesting, or |
---|
822 | | - | |
---|
823 | | - | |
---|
824 | | - | giving notice of the dishonor of bills of exchange, bank |
---|
825 | | - | checks, promissory notes, or other negotiable or commercial |
---|
826 | | - | paper or instruments: Provided, however, that the hours of |
---|
827 | | - | opening and closing of the office of the recorder Recorder may |
---|
828 | | - | be changed and otherwise fixed and determined by the county |
---|
829 | | - | board of any county. Any such action taken by the county board |
---|
830 | | - | shall be by an appropriate resolution passed at a regular |
---|
831 | | - | meeting. The office of the recorder shall accept instruments |
---|
832 | | - | for recordation at all times during which the office is open. |
---|
833 | | - | (Source: P.A. 86-962.) |
---|
834 | | - | (55 ILCS 5/3-5018.2 new) |
---|
835 | | - | Sec. 3-5018.2. Predictable fee schedule for recordings in |
---|
836 | | - | first and second class counties. |
---|
837 | | - | (a) The fees of the recorder in counties of the first and |
---|
838 | | - | second class for recording deeds or other instruments in |
---|
839 | | - | writing and maps of plats of additions, subdivisions, or |
---|
840 | | - | otherwise and for certifying copies of records shall be paid |
---|
841 | | - | in advance and shall conform to this Section. The fees or |
---|
842 | | - | surcharges shall not, unless otherwise provided in this |
---|
843 | | - | Section, be based on the individual attributes of a document |
---|
844 | | - | to be recorded, including, but not limited to, page count; |
---|
845 | | - | number, length, or type of legal descriptions; number of tax |
---|
846 | | - | identification or other parcel-identifying code numbers; |
---|
847 | | - | number of common addresses; number of references contained as |
---|
848 | | - | to other recorded documents or document numbers; or any other |
---|
849 | | - | |
---|
850 | | - | |
---|
851 | | - | individual attribute of the document. The fees charged under |
---|
852 | | - | this Section shall be inclusive of all county and State fees |
---|
853 | | - | that the county may elect or is required to impose or adjust, |
---|
854 | | - | including, but not limited to, GIS fees, automation fees, |
---|
855 | | - | document storage fees, and the Rental Housing Support Program |
---|
856 | | - | State and county surcharges. |
---|
857 | | - | (b) A county of the first or second class shall adopt and |
---|
858 | | - | implement, by ordinance or resolution, a predictable fee |
---|
859 | | - | schedule as provided in subsection (c) that eliminates |
---|
860 | | - | surcharges or fees based on the individual attributes of a |
---|
861 | | - | document to be recorded. If a county has previously adopted an |
---|
862 | | - | ordinance or resolution adopting a predictable fee schedule, |
---|
863 | | - | the county must adopt an ordinance or resolution revising that |
---|
864 | | - | predictable fee schedule to be consistent with this Section. |
---|
865 | | - | After a document class predictable fee is approved by a county |
---|
866 | | - | board consistent with this Section, the county board may, by |
---|
867 | | - | ordinance or resolution, increase the document class |
---|
868 | | - | predictable fee and collect the increased fees if the |
---|
869 | | - | established fees are not sufficient to cover the costs of |
---|
870 | | - | providing the services related to the document class for which |
---|
871 | | - | the fee is to be increased. |
---|
872 | | - | For the purposes of the fee charged, the ordinance or |
---|
873 | | - | resolution shall divide documents into the classifications |
---|
874 | | - | specified in subsection (c), and shall establish a single, |
---|
875 | | - | all-inclusive county and State-imposed aggregate predictable |
---|
876 | | - | fee charged for each classification of document at the time of |
---|
877 | | - | |
---|
878 | | - | |
---|
879 | | - | recording for that document. Each document, unless otherwise |
---|
880 | | - | provided in this Section, shall fall within one of the |
---|
881 | | - | document class predictable fee classifications set by |
---|
882 | | - | subsection (c), and fees for each document class shall be |
---|
883 | | - | charged only as allowed by this Section. |
---|
884 | | - | Before approval of an ordinance or resolution under this |
---|
885 | | - | subsection that creates or modifies a predictable fee |
---|
886 | | - | schedule, the recorder or county clerk shall post a notice in |
---|
887 | | - | the recorder's or clerk's office at least 2 weeks prior, but |
---|
888 | | - | not more than 4 weeks prior, to the public meeting at which the |
---|
889 | | - | ordinance or resolution may be adopted. The notice shall |
---|
890 | | - | contain the proposed ordinance or resolution number, if any, |
---|
891 | | - | the proposed document class predictable fees for each |
---|
892 | | - | classification, and a reference to this Section and this |
---|
893 | | - | amendatory Act of the 103rd General Assembly. A predictable |
---|
894 | | - | fee schedule takes effect 60 days after an ordinance or |
---|
895 | | - | resolution is adopted, unless the fee schedule was previously |
---|
896 | | - | created and the ordinance or resolution is a modification |
---|
897 | | - | allowed under this Section. |
---|
898 | | - | Nothing in this Section precludes a county board from |
---|
899 | | - | adjusting amounts or allocations within a given document class |
---|
900 | | - | predictable fee when the document class predictable fee is not |
---|
901 | | - | increased or precludes an alternate predictable fee schedule |
---|
902 | | - | for electronic recording within each of the classifications |
---|
903 | | - | under subsection (c). |
---|
904 | | - | If the Rental Housing Support Program State surcharge is |
---|
905 | | - | |
---|
906 | | - | |
---|
907 | | - | amended and the surcharge is increased or lowered, the |
---|
908 | | - | aggregate amount of the document predictable fee attributable |
---|
909 | | - | to the surcharge in the document may be changed accordingly. |
---|
910 | | - | If any fee or surcharge is changed by State statute, the county |
---|
911 | | - | may increase the document class fees by the same amount |
---|
912 | | - | without any cost study. |
---|
913 | | - | (c) A predictable fee schedule ordinance or resolution |
---|
914 | | - | adopted under this Section shall list document fees, including |
---|
915 | | - | document class predictable fees. The document classes shall be |
---|
916 | | - | as follows: |
---|
917 | | - | (1) Deeds. The aggregate fee for recording deeds shall |
---|
918 | | - | not be less than $31 (being a minimum $13 county fee plus |
---|
919 | | - | $18 for the Rental Housing Support Program State |
---|
920 | | - | surcharge). Inclusion of language in the deed as to any |
---|
921 | | - | restriction; covenant; lien; oil, gas, or other mineral |
---|
922 | | - | interest; easement; lease; or a mortgage shall not alter |
---|
923 | | - | the classification of a document as a deed. |
---|
924 | | - | (2) Leases, lease amendments, and similar transfer of |
---|
925 | | - | interest documents. The aggregate fee for recording |
---|
926 | | - | leases, lease amendments, and similar transfers of |
---|
927 | | - | interest documents shall not be less than $31 (being a |
---|
928 | | - | minimum $13 county fee plus $18 for the Rental Housing |
---|
929 | | - | Support Program State surcharge). |
---|
930 | | - | (3) Mortgages. The aggregate fee for recording |
---|
931 | | - | mortgages, including assignments, extensions, amendments, |
---|
932 | | - | subordinations, and mortgage releases shall not be less |
---|
933 | | - | |
---|
934 | | - | |
---|
935 | | - | than $31 (being a minimum $13 county fee plus $18 for the |
---|
936 | | - | Rental Housing Support Program State surcharge). |
---|
937 | | - | (4) Easements not otherwise part of another |
---|
938 | | - | classification. The aggregate fee for recording easements |
---|
939 | | - | not otherwise part of another classification, including |
---|
940 | | - | assignments, extensions, amendments, and easement releases |
---|
941 | | - | not filed by a State agency, unit of local government, or |
---|
942 | | - | school district, shall not be less than $31 (being a |
---|
943 | | - | minimum $13 county fee plus $18 for the Rental Housing |
---|
944 | | - | Support Program State surcharge). |
---|
945 | | - | (5) Irregular documents. Any document presented that |
---|
946 | | - | does not conform to the following standards, even if it |
---|
947 | | - | may qualify for another document class, may be recorded |
---|
948 | | - | under this document class (5) if the irregularity allows a |
---|
949 | | - | legible reproduction of the document presented: |
---|
950 | | - | (A) The document shall consist of one or more |
---|
951 | | - | individual sheets measuring 8.5 inches by 11 inches, |
---|
952 | | - | not permanently bound, and not a continuous form. |
---|
953 | | - | Graphic displays accompanying a document to be |
---|
954 | | - | recorded that measure up to 11 inches by 17 inches |
---|
955 | | - | shall be recorded without charging an additional fee. |
---|
956 | | - | (B) The document shall be legibly printed in black |
---|
957 | | - | ink by hand, type, or computer. Signatures and dates |
---|
958 | | - | may be in contrasting colors if they will reproduce |
---|
959 | | - | clearly. |
---|
960 | | - | (C) The document shall be on white paper of not |
---|
961 | | - | |
---|
962 | | - | |
---|
963 | | - | less than 20-pound weight and shall have a clean |
---|
964 | | - | margin of at least one-half inch on the top, the |
---|
965 | | - | bottom, and each side. Margins may be used only for |
---|
966 | | - | non-essential notations that will not affect the |
---|
967 | | - | validity of the document, including, but not limited |
---|
968 | | - | to, form numbers, page numbers, and customer |
---|
969 | | - | notations. |
---|
970 | | - | (D) The first page of the document shall contain a |
---|
971 | | - | blank space, measuring at least 3 inches by 5 inches, |
---|
972 | | - | from the upper right corner. |
---|
973 | | - | (E) The document shall not have any attachment |
---|
974 | | - | stapled or otherwise affixed to any page. |
---|
975 | | - | The aggregate fee for recording an irregular document |
---|
976 | | - | shall not be less than $31 (being a minimum $13 county fee |
---|
977 | | - | plus $18 for the Rental Housing Support Program State |
---|
978 | | - | surcharge). |
---|
979 | | - | (6) Blanket recordings. For any document that makes |
---|
980 | | - | specific reference to more than 5 tax parcels or property |
---|
981 | | - | identification numbers, or makes reference to 5 or more |
---|
982 | | - | document numbers, the aggregate fee shall be not less than |
---|
983 | | - | $31 (being a minimum $13 county fee plus $18 for the Rental |
---|
984 | | - | Housing Support Program State surcharge). A county may |
---|
985 | | - | adopt by ordinance and publish with its fee schedule an |
---|
986 | | - | additional fee or formula for each parcel, property |
---|
987 | | - | identification number, or document reference, above 5, |
---|
988 | | - | contained in an accepted document. |
---|
989 | | - | |
---|
990 | | - | |
---|
991 | | - | (7) Miscellaneous. The aggregate fee for recording |
---|
992 | | - | documents not otherwise falling within classifications |
---|
993 | | - | under paragraphs (1) through (6) and are not otherwise |
---|
994 | | - | exempted documents shall not be less than $31 (being a |
---|
995 | | - | minimum $13 county fee plus $18 for the Rental Housing |
---|
996 | | - | Support Program State surcharge). |
---|
997 | | - | (d) For recording maps or plats of additions, |
---|
998 | | - | subdivisions, or otherwise (including the spreading of the |
---|
999 | | - | same of record in well bound books), $100 plus $2 for each |
---|
1000 | | - | tract, parcel, or lot contained in the map or plat. |
---|
1001 | | - | (e) Documents presented that meet the following criteria |
---|
1002 | | - | shall be charged as otherwise provided by law or ordinance: |
---|
1003 | | - | (1) a document recorded pursuant to the Uniform |
---|
1004 | | - | Commercial Code; or |
---|
1005 | | - | (2) a State lien or a federal lien. |
---|
1006 | | - | Notwithstanding any other provision in this Section: (i) |
---|
1007 | | - | the maximum fee that may be collected from the Department of |
---|
1008 | | - | Revenue for filing or indexing a lien, certificate of lien |
---|
1009 | | - | release or subordination, or any other type of notice or other |
---|
1010 | | - | documentation affecting or concerning a lien is $5; and (ii) |
---|
1011 | | - | the maximum fee that may be collected from the Department of |
---|
1012 | | - | Revenue for indexing each additional name in excess of one for |
---|
1013 | | - | any lien, certificate of lien release or subordination, or any |
---|
1014 | | - | other type of notice or other documentation affecting or |
---|
1015 | | - | concerning a lien is $1. |
---|
1016 | | - | (f) For recording any document that affects an interest in |
---|
1017 | | - | |
---|
1018 | | - | |
---|
1019 | | - | real property, other than documents which solely affect or |
---|
1020 | | - | relate to an easement for water, sewer, electricity, gas, |
---|
1021 | | - | telephone, or other public service, the recorder shall charge |
---|
1022 | | - | a minimum fee of $1 per document to all filers of documents not |
---|
1023 | | - | filed by any State agency, any unit of local government, or any |
---|
1024 | | - | school district. Half of the fee shall be deposited into the |
---|
1025 | | - | county general revenue fund. The remaining half shall be |
---|
1026 | | - | deposited into the County Recorder Document Storage System |
---|
1027 | | - | Fund and may not be appropriated or expended for any other |
---|
1028 | | - | purpose. The additional amounts available to the recorder for |
---|
1029 | | - | expenditure from the County Recorder Document Storage System |
---|
1030 | | - | Fund shall not offset or reduce any other county |
---|
1031 | | - | appropriations or funding for the office of the recorder. |
---|
1032 | | - | (g) For certified and non-certified copies of records, the |
---|
1033 | | - | recorder and county may set a predictable fee for all copies |
---|
1034 | | - | that does not exceed the highest total recording fee in any |
---|
1035 | | - | established document classes, unless the copy fee is otherwise |
---|
1036 | | - | provided in statute or ordinance. The total fee for a |
---|
1037 | | - | certified copy of a map or plat of an addition, subdivision, or |
---|
1038 | | - | otherwise may not exceed $200. |
---|
1039 | | - | The fees allowed under this subsection apply to all |
---|
1040 | | - | records, regardless of when they were recorded, based on |
---|
1041 | | - | current recording fees. These predictable fees for certified |
---|
1042 | | - | and non-certified copies shall apply to portions of documents |
---|
1043 | | - | and to copies provided in any format, including paper, |
---|
1044 | | - | microfilm, or electronic. A county may adopt a per-line |
---|
1045 | | - | |
---|
1046 | | - | |
---|
1047 | | - | pricing structure for copies of information in database |
---|
1048 | | - | format. |
---|
1049 | | - | (h) As provided under subsection (c), the recorder shall |
---|
1050 | | - | collect an $18 Rental Housing Support Program State surcharge |
---|
1051 | | - | for the recordation of any real estate-related document. |
---|
1052 | | - | Payment of the Rental Housing Support Program State surcharge |
---|
1053 | | - | shall be evidenced by a receipt that shall be marked upon or |
---|
1054 | | - | otherwise affixed to the real estate-related document by the |
---|
1055 | | - | recorder. The form of this receipt shall be prescribed by the |
---|
1056 | | - | Department of Revenue and the receipts shall be issued by the |
---|
1057 | | - | Department of Revenue to each county recorder. |
---|
1058 | | - | The recorder shall not collect the Rental Housing Support |
---|
1059 | | - | Program State surcharge from any State agency, unit of local |
---|
1060 | | - | government, or school district. |
---|
1061 | | - | On the 15th day of each month, each county recorder shall |
---|
1062 | | - | report to the Department of Revenue, on a form prescribed by |
---|
1063 | | - | the Department, the number of real estate-related documents |
---|
1064 | | - | recorded for which the Rental Housing Support Program State |
---|
1065 | | - | surcharge was collected. Each recorder shall submit $18 of |
---|
1066 | | - | each surcharge collected in the preceding month to the |
---|
1067 | | - | Department of Revenue and the Department shall deposit these |
---|
1068 | | - | amounts in the Rental Housing Support Program Fund. Subject to |
---|
1069 | | - | appropriation, amounts in the Fund may be expended only for |
---|
1070 | | - | the purpose of funding and administering the Rental Housing |
---|
1071 | | - | Support Program. |
---|
1072 | | - | As used in this subsection, "real estate-related document" |
---|
1073 | | - | |
---|
1074 | | - | |
---|
1075 | | - | means that term as it is defined in Section 7 of the Rental |
---|
1076 | | - | Housing Support Program Act. |
---|
1077 | | - | (55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019) |
---|
1078 | | - | Sec. 3-5019. Monthly list of conveyances. Immediately |
---|
1079 | | - | following each calendar month, the recorder, in counties with |
---|
1080 | | - | less than 1,000,000 inhabitants shall, upon their request, |
---|
1081 | | - | transmit copies of all documents, plats and deeds conveying |
---|
1082 | | - | real property to the county clerk, the county treasurer, the |
---|
1083 | | - | tax map department, the supervisor of assessments and the |
---|
1084 | | - | township assessor for which the office he shall be paid by the |
---|
1085 | | - | county the usual and customary fee charged by the recorder for |
---|
1086 | | - | furnishing such documents. |
---|
1087 | | - | (Source: P.A. 86-962.) |
---|
1088 | | - | (55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020) |
---|
1089 | | - | Sec. 3-5020. Information to accompany conveyance |
---|
1090 | | - | documents. |
---|
1091 | | - | (a) In counties of the first and second class no recorder |
---|
1092 | | - | shall record any conveyance of real estate unless the |
---|
1093 | | - | conveyance contains the name and address of the grantee for |
---|
1094 | | - | tax billing purposes. |
---|
1095 | | - | (b) In counties with 3,000,000 or more inhabitants, the |
---|
1096 | | - | county recorder shall not accept for filing any deed or |
---|
1097 | | - | assignment of beneficial interest in a land trust in a |
---|
1098 | | - | transaction which is exempt from filing a real estate transfer |
---|
1099 | | - | |
---|
1100 | | - | |
---|
1101 | | - | declaration under the provisions of Section 4 of the Real |
---|
1102 | | - | Estate Transfer Tax Act, unless the deed or assignment of a |
---|
1103 | | - | beneficial interest is accompanied by, |
---|
1104 | | - | (1) a sworn or affirmed statement executed by the |
---|
1105 | | - | grantor or the grantor's his agent stating that, to the |
---|
1106 | | - | best of the grantor's or the grantor's agent's his |
---|
1107 | | - | knowledge, the name of the grantee shown on the deed or |
---|
1108 | | - | assignment of beneficial interest in a land trust is |
---|
1109 | | - | either a natural person, an Illinois Corporation or |
---|
1110 | | - | foreign corporation authorized to do business or acquire |
---|
1111 | | - | and hold title to real estate in Illinois, a partnership |
---|
1112 | | - | authorized to do business or acquire and hold title to |
---|
1113 | | - | real estate in Illinois, or other entity recognized as a |
---|
1114 | | - | person and authorized to do business or acquire and hold |
---|
1115 | | - | title to real estate under the laws of the State of |
---|
1116 | | - | Illinois, and |
---|
1117 | | - | (2) a sworn or affirmed statement executed by the |
---|
1118 | | - | grantee or the grantee's his agent verifying that the name |
---|
1119 | | - | of the grantee shown on the deed or assignment of |
---|
1120 | | - | beneficial interest in a land trust is either a natural |
---|
1121 | | - | person, an Illinois corporation or foreign corporation |
---|
1122 | | - | authorized to do business or acquire and hold title to |
---|
1123 | | - | real estate in Illinois, a partnership authorized to do |
---|
1124 | | - | business or acquire and hold title to real estate in |
---|
1125 | | - | Illinois, or other entity recognized as a person and |
---|
1126 | | - | authorized to do business or acquire and hold title to |
---|
1127 | | - | |
---|
1128 | | - | |
---|
1129 | | - | real estate under the laws of the State of Illinois. Any |
---|
1130 | | - | person who knowingly submits a false statement required |
---|
1131 | | - | under this Section concerning the identity of a grantee is |
---|
1132 | | - | guilty of a Class C misdemeanor. A second or subsequent |
---|
1133 | | - | conviction of such offense is a Class A misdemeanor. |
---|
1134 | | - | (c) In the event that the document of conveyance is a |
---|
1135 | | - | trustee's deed issued under resignation by a land trustee, the |
---|
1136 | | - | statements pursuant to paragraphs (1) and (2) of subsection |
---|
1137 | | - | (b) shall not be required, but the trustee's deed shall |
---|
1138 | | - | instead be accompanied by a sworn or affirmed statement |
---|
1139 | | - | executed by the grantor land trustee stating that the |
---|
1140 | | - | trustee's deed has been issued pursuant to resignation by the |
---|
1141 | | - | trustee, and that the name of the grantee shown on the |
---|
1142 | | - | trustee's deed is the name of the beneficiary of the trust as |
---|
1143 | | - | the trustee's his name appears in the trust files as of the |
---|
1144 | | - | date of resignation. |
---|
1145 | | - | (Source: P.A. 86-962; 87-543; 87-1236.) |
---|
1146 | | - | (55 ILCS 5/3-5020.5) |
---|
1147 | | - | Sec. 3-5020.5. Information concerning recorded or filed |
---|
1148 | | - | instruments. Each instrument recorded or filed with the |
---|
1149 | | - | county recorder must contain the following: |
---|
1150 | | - | (1) The name and address of the person to whom the |
---|
1151 | | - | instrument is to be returned. |
---|
1152 | | - | (2) The recorder's document number of any instrument (i) |
---|
1153 | | - | referred to in the instrument being recorded or filed or (ii) |
---|
1154 | | - | |
---|
1155 | | - | |
---|
1156 | | - | relating to the instrument being recorded or filed, such as, |
---|
1157 | | - | without limitation, the recorder's document number of a |
---|
1158 | | - | mortgage when the instrument being recorded or filed is a |
---|
1159 | | - | release of that mortgage. |
---|
1160 | | - | (3) The book and page number, if applicable, or document |
---|
1161 | | - | number of any instrument (i) referred to in the instrument |
---|
1162 | | - | being recorded or filed or (ii) relating to the instrument |
---|
1163 | | - | being recorded or filed. |
---|
1164 | | - | (Source: P.A. 88-691, eff. 1-24-95.) |
---|
1165 | | - | (55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021) |
---|
1166 | | - | Sec. 3-5021. Recording or registering instruments |
---|
1167 | | - | transferring title to real estate or a beneficial interest in |
---|
1168 | | - | real estate subject to a land trust. If any home rule |
---|
1169 | | - | municipality has levied a real estate transfer tax and a |
---|
1170 | | - | certified copy of the ordinance or resolution levying the tax, |
---|
1171 | | - | specifying the rates and the design and denomination of stamps |
---|
1172 | | - | evidencing payment thereof, has been on file with the county |
---|
1173 | | - | recorder for at least 30 days, the recorder of that county may |
---|
1174 | | - | not accept for recording or for registration under "An Act |
---|
1175 | | - | concerning land titles", approved May 1, 1897, as amended, any |
---|
1176 | | - | instrument transferring title to real estate in that |
---|
1177 | | - | municipality, or the beneficial interest in real estate in |
---|
1178 | | - | that municipality which is the subject of a land trust, for |
---|
1179 | | - | which revenue stamps are required to be purchased under the |
---|
1180 | | - | "Real Estate Transfer Tax Act", approved July 17, 1967, as |
---|
1181 | | - | |
---|
1182 | | - | |
---|
1183 | | - | amended, without proof of payment of the municipal real estate |
---|
1184 | | - | transfer tax. |
---|
1185 | | - | (Source: P.A. 86-962.) |
---|
1186 | | - | (55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024) |
---|
1187 | | - | Sec. 3-5024. Certificate of time of filing. When any |
---|
1188 | | - | instrument in writing is recorded in the recorder's office, |
---|
1189 | | - | the recorder shall indorse upon such instrument a certificate |
---|
1190 | | - | of the time (including the hour of the day) when the same was |
---|
1191 | | - | received for recordation (which shall be considered the time |
---|
1192 | | - | of recording the same), and the book and page or document |
---|
1193 | | - | number by and in which the same is recorded. The recorder shall |
---|
1194 | | - | sign the certificate or shall affix the recorder's his |
---|
1195 | | - | facsimile signature thereto. A physical or electronic image of |
---|
1196 | | - | the recorder's stamp satisfies the signature requirement for |
---|
1197 | | - | recorded instruments prior to, on, and after the effective |
---|
1198 | | - | date of this amendatory Act of the 102nd General Assembly. |
---|
1199 | | - | The certificate, when signed by the recorder, or to which |
---|
1200 | | - | the recorder he has affixed the recorder's his facsimile |
---|
1201 | | - | signature or a physical or electronic image of the recorder's |
---|
1202 | | - | stamp, shall be evidence of the facts therein stated. |
---|
1203 | | - | (Source: P.A. 102-838, eff. 5-13-22.) |
---|
1204 | | - | (55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025) |
---|
1205 | | - | Sec. 3-5025. Books. Every recorder shall keep the |
---|
1206 | | - | following books or computer databases: |
---|
1207 | | - | |
---|
1208 | | - | |
---|
1209 | | - | 1. An entry book, in which the recorder he or she |
---|
1210 | | - | shall, immediately on the receipt of any instrument to be |
---|
1211 | | - | recorded or filed, enter, in the order of its reception, |
---|
1212 | | - | the names of the parties thereto, its date, the day of the |
---|
1213 | | - | month, hour and year of receiving the same, and a brief |
---|
1214 | | - | description of the premises, indorsing upon each |
---|
1215 | | - | instrument a number corresponding with the number of such |
---|
1216 | | - | entry. |
---|
1217 | | - | 2. A grantor's index, in which shall be entered the |
---|
1218 | | - | name of each grantor, in alphabetical order, the name of |
---|
1219 | | - | the grantee, date of the instrument, time of receipt, kind |
---|
1220 | | - | of instrument, consideration, the book and page in which |
---|
1221 | | - | it is recorded, or the number under which it is filed, and |
---|
1222 | | - | a brief description of the premises. |
---|
1223 | | - | 3. A grantee's index, in which shall be entered the |
---|
1224 | | - | name of each grantee, in alphabetical order, the name of |
---|
1225 | | - | the grantor, date of the instrument, time of receipt, kind |
---|
1226 | | - | of instrument, consideration, the book and page in which |
---|
1227 | | - | it is recorded, or the number under which it is filed, and |
---|
1228 | | - | a brief description of the premises. |
---|
1229 | | - | 4. An index to each book or computer database of |
---|
1230 | | - | record, in which shall be entered, in alphabetical order, |
---|
1231 | | - | the name of each grantor and grantee, and the page number |
---|
1232 | | - | in which or reference number to which the instrument is |
---|
1233 | | - | recorded. |
---|
1234 | | - | 5. When required by the county board, an abstract |
---|
1235 | | - | |
---|
1236 | | - | |
---|
1237 | | - | book, which shall show by tracts every conveyance or |
---|
1238 | | - | incumbrance recorded, the date of the instrument, time of |
---|
1239 | | - | filing the same, the book and page where the same is |
---|
1240 | | - | recorded; which book shall be so kept as to show a true |
---|
1241 | | - | chain of title to each tract and the incumbrances thereon, |
---|
1242 | | - | as shown by the records of the his office. |
---|
1243 | | - | 6. An index to recorded maps, plats and subdivisions, |
---|
1244 | | - | such index to be made by description of land mapped, or |
---|
1245 | | - | subdivided by range, township, Section, quarter-section, |
---|
1246 | | - | etc. |
---|
1247 | | - | 7. An index showing in alphabetical order the names of |
---|
1248 | | - | the parties against whom judgments have been rendered or |
---|
1249 | | - | made and transcripts or memoranda of such judgments have |
---|
1250 | | - | been recorded, and the parties named in notices recorded |
---|
1251 | | - | pursuant to Section 1 of "An Act concerning constructive |
---|
1252 | | - | notice of condemnation proceedings, proceedings to sell |
---|
1253 | | - | real property of decedents to pay debts, or other suits |
---|
1254 | | - | seeking equitable relief involving real property, and |
---|
1255 | | - | proceedings in bankruptcy" approved June 11, 1917, as |
---|
1256 | | - | amended. |
---|
1257 | | - | 8. An index of all ordinances, petitions, assessment |
---|
1258 | | - | rolls, orders, judgments or other documents filed or |
---|
1259 | | - | recorded in respect of any drainage or special assessment |
---|
1260 | | - | matter sufficient to enable the public to identify all |
---|
1261 | | - | tracts involved therein and to locate all the documents |
---|
1262 | | - | which have been filed or recorded. The recorder may |
---|
1263 | | - | |
---|
1264 | | - | |
---|
1265 | | - | solicit the assistance of the State Records Commission in |
---|
1266 | | - | organizing and indexing these documents. |
---|
1267 | | - | Any recorder may install or contract for the use of a |
---|
1268 | | - | computerized system that will permit automated entry and |
---|
1269 | | - | indexing, alphabetically by document, of instruments filed in |
---|
1270 | | - | the his or her office and that will provide both quick search |
---|
1271 | | - | and retrieval of such entries and hard copy print output, |
---|
1272 | | - | whether on paper, optical disk media, or microfilm, of such |
---|
1273 | | - | entries as indexed. If such a computerized system has been in |
---|
1274 | | - | use in the his or her office for at least 6 months and the |
---|
1275 | | - | recorder determines that it provides accurate and reliable |
---|
1276 | | - | indices that may be stored as permanent records, more quickly |
---|
1277 | | - | and efficiently than the system previously used, the recorder |
---|
1278 | | - | may thereafter discontinue the use of the manual system and |
---|
1279 | | - | use only the computerized system for such indices. In that |
---|
1280 | | - | event, references in this Division to books, records or forms |
---|
1281 | | - | as relate to such indices are intended to encompass and refer |
---|
1282 | | - | to the computer system and all materials and forms directly |
---|
1283 | | - | related to that system and its proper use. |
---|
1284 | | - | This Section is subject to the Local Records Act. |
---|
1285 | | - | (Source: P.A. 88-661, eff. 9-16-94.) |
---|
1286 | | - | (55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029) |
---|
1287 | | - | Sec. 3-5029. Map, plat or subdivision of land; penalty. No |
---|
1288 | | - | person shall offer or present for recording or record any map, |
---|
1289 | | - | plat or subdivision of land situated in any incorporated city, |
---|
1290 | | - | |
---|
1291 | | - | |
---|
1292 | | - | town or village, nor within 1 1/2 miles of the corporate limits |
---|
1293 | | - | of any incorporated city, town or village which has adopted a |
---|
1294 | | - | city plan and is exercising the special powers authorized by |
---|
1295 | | - | Division 12 of Article 11 of the Illinois Municipal Code, as |
---|
1296 | | - | now or hereafter amended, and not included in any municipality |
---|
1297 | | - | unless the map, plat or subdivision is under the seal of a |
---|
1298 | | - | registered Illinois land surveyor and unless it is entitled to |
---|
1299 | | - | record as provided in Sections 11-15-1 and 11-12-3 of the |
---|
1300 | | - | Illinois Municipal Code, as now or hereafter amended. Any map, |
---|
1301 | | - | plat or subdivision of land presented for recording shall have |
---|
1302 | | - | attached thereto or endorsed thereon the Certificate of an |
---|
1303 | | - | Illinois Registered Land Surveyor that the land is or is not |
---|
1304 | | - | within any incorporated city, town or village, nor within 1 |
---|
1305 | | - | 1/2 miles of the corporate limits of any incorporated city, |
---|
1306 | | - | town or village which has adopted a city plan and is exercising |
---|
1307 | | - | the special powers authorized by Division 12 of Article 11 of |
---|
1308 | | - | the Illinois Municipal Code, as now or hereafter amended, and |
---|
1309 | | - | not included in any municipality. No person shall offer or |
---|
1310 | | - | present for recording or record any subdivision plat of any |
---|
1311 | | - | lands bordering on or including any public waters of the State |
---|
1312 | | - | in which the State of Illinois has any property rights or |
---|
1313 | | - | property interests, unless such subdivision plat is under the |
---|
1314 | | - | seal of a registered Illinois Land Surveyor and is approved by |
---|
1315 | | - | the Department of Natural Resources, nor shall any person |
---|
1316 | | - | offer or present for recording or record any map, plat or |
---|
1317 | | - | subdivision of lands, without indicating whether any part of |
---|
1318 | | - | |
---|
1319 | | - | |
---|
1320 | | - | which as shown on the map, plat or subdivision is located |
---|
1321 | | - | within a special flood hazard area as identified by the |
---|
1322 | | - | Federal Emergency Management Agency nor shall any person offer |
---|
1323 | | - | or present for recording or record any map, plat or |
---|
1324 | | - | subdivision of land situated outside any incorporated city, |
---|
1325 | | - | town or village unless the map, plat or subdivision is under |
---|
1326 | | - | the seal of a registered Illinois land surveyor, and unless it |
---|
1327 | | - | is entitled to record as provided in Section 5-1045, however, |
---|
1328 | | - | the provisions of this Section shall not apply to any street or |
---|
1329 | | - | highway survey map or plat. Any person who records, or who |
---|
1330 | | - | offers or presents for recording, which offer or presentation |
---|
1331 | | - | results in a recording of, any map, plat or subdivision of land |
---|
1332 | | - | which the person he knows to be in violation of this Section |
---|
1333 | | - | shall pay to the county the sum of $1,000 $200, to be recovered |
---|
1334 | | - | in the circuit court, in the name of the state, for the use of |
---|
1335 | | - | the county, with costs of suit. |
---|
1336 | | - | (Source: P.A. 89-445, eff. 2-7-96.) |
---|
1337 | | - | (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031) |
---|
1338 | | - | Sec. 3-5031. Penalty. If any recorder shall willfully fail |
---|
1339 | | - | to perform any duty imposed upon the recorder him by this |
---|
1340 | | - | Division, the recorder he shall be guilty of malfeasance in |
---|
1341 | | - | office, and shall be punished accordingly, and shall be liable |
---|
1342 | | - | to the party injured for all damages occasioned thereby. |
---|
1343 | | - | (Source: P.A. 95-877, eff. 1-1-09.) |
---|
1344 | | - | |
---|
1345 | | - | |
---|
1346 | | - | (55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033) |
---|
1347 | | - | Sec. 3-5033. County to furnish books, equipment and |
---|
1348 | | - | supplies. The county board of each county shall from time to |
---|
1349 | | - | time, as may be necessary, provide the recorder of such county |
---|
1350 | | - | with well-bound and properly ruled books, and where |
---|
1351 | | - | photostating, optical disk storage, or microfilming is used, |
---|
1352 | | - | the recorder shall likewise be furnished all such equipment |
---|
1353 | | - | (such as computers, printers, and scanners) and supplies |
---|
1354 | | - | necessary to the execution of the duties of the his office. |
---|
1355 | | - | They may procure books of printed forms to be filled up in the |
---|
1356 | | - | recording of any instrument, when the same may be done without |
---|
1357 | | - | interlineation or erasure, and shall in all cases, when |
---|
1358 | | - | practicable, procure the necessary index and abstract books |
---|
1359 | | - | with printed headings. The cost of such books, equipment and |
---|
1360 | | - | supplies shall be chargeable against the surplus fees of the |
---|
1361 | | - | office, or paid by the county. |
---|
1362 | | - | (Source: P.A. 88-661, eff. 9-16-94.) |
---|
1363 | | - | (55 ILCS 5/3-5036.5) |
---|
1364 | | - | Sec. 3-5036.5. Exchange of information for child support |
---|
1365 | | - | enforcement. |
---|
1366 | | - | (a) The recorder Recorder shall exchange with the |
---|
1367 | | - | Department of Healthcare and Family Services information that |
---|
1368 | | - | may be necessary for the enforcement of child support orders |
---|
1369 | | - | entered pursuant to the Illinois Public Aid Code, the Illinois |
---|
1370 | | - | Marriage and Dissolution of Marriage Act, the Non-Support of |
---|
1371 | | - | |
---|
1372 | | - | |
---|
1373 | | - | Spouse and Children Act, the Non-Support Punishment Act, the |
---|
1374 | | - | Revised Uniform Reciprocal Enforcement of Support Act, the |
---|
1375 | | - | Uniform Interstate Family Support Act, the Illinois Parentage |
---|
1376 | | - | Act of 1984, or the Illinois Parentage Act of 2015. |
---|
1377 | | - | (b) Notwithstanding any provisions in this Code to the |
---|
1378 | | - | contrary, the recorder Recorder shall not be liable to any |
---|
1379 | | - | person for any disclosure of information to the Department of |
---|
1380 | | - | Healthcare and Family Services (formerly Illinois Department |
---|
1381 | | - | of Public Aid) under subsection (a) or for any other action |
---|
1382 | | - | taken in good faith to comply with the requirements of |
---|
1383 | | - | subsection (a). |
---|
1384 | | - | (Source: P.A. 99-85, eff. 1-1-16.) |
---|
1385 | | - | (55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037) |
---|
1386 | | - | Sec. 3-5037. Instruments to be re-recorded; fee; penalty. |
---|
1387 | | - | In all cases where the records of any county have been or shall |
---|
1388 | | - | hereafter be destroyed by fire or other casualty, it shall be |
---|
1389 | | - | the duty of the recorder of such county to re-record all deeds, |
---|
1390 | | - | mortgages or other instruments in writing which may have been |
---|
1391 | | - | recorded or filed for record prior to the destruction of such |
---|
1392 | | - | records, together with the certificates of such original |
---|
1393 | | - | recording, that may be filed in the his office for |
---|
1394 | | - | re-recording; and the recorder may charge and receive, as a |
---|
1395 | | - | fee for re-recording such deeds, mortgages and other |
---|
1396 | | - | instruments aforesaid, and the certificate of such recording, |
---|
1397 | | - | 5 for each 100 words or fractions thereof, and no more; and |
---|
1398 | | - | |
---|
1399 | | - | |
---|
1400 | | - | any recorder who shall charge a greater fee than the |
---|
1401 | | - | foregoing, or who shall refuse to re-record such instruments |
---|
1402 | | - | in writing, for the fee aforesaid, shall be deemed guilty of |
---|
1403 | | - | malfeasance in office, and subject to all the penalties |
---|
1404 | | - | prescribed by law for such offense. |
---|
1405 | | - | (Source: P.A. 86-962.) |
---|
1406 | | - | (55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038) |
---|
1407 | | - | Sec. 3-5038. Judgment dockets. In all counties where a |
---|
1408 | | - | recorder is elected in which the recorder has heretofore been, |
---|
1409 | | - | or shall hereafter be required by the county board to keep |
---|
1410 | | - | abstract books showing by tract every conveyance or |
---|
1411 | | - | incumbrance recorded, the date of the instrument, the time of |
---|
1412 | | - | filing same, the book and page where the same is recorded, and |
---|
1413 | | - | showing a true chain of title to each tract and the |
---|
1414 | | - | incumbrances thereon, as shown by the records of the his |
---|
1415 | | - | office, such recorder shall and he is hereby authorized to |
---|
1416 | | - | keep judgment dockets and indexes thereto, showing all |
---|
1417 | | - | judicial proceedings affecting title to real estate in such |
---|
1418 | | - | county, tax sale books with indexes thereto, showing sales or |
---|
1419 | | - | forfeitures of all lands in the county for unpaid taxes and |
---|
1420 | | - | assessments, and such other books as are usual or necessary to |
---|
1421 | | - | be kept for the purpose of making complete abstracts of title |
---|
1422 | | - | to real estate; and the county board shall furnish such |
---|
1423 | | - | recorder with the necessary rooms, books, stationery, fuel and |
---|
1424 | | - | lights for the purposes herein set forth: Provided, that |
---|
1425 | | - | |
---|
1426 | | - | |
---|
1427 | | - | nothing in this Division shall be construed to empower the |
---|
1428 | | - | recorder to prevent the public from examining and taking |
---|
1429 | | - | memoranda from all records and instruments filed for record, |
---|
1430 | | - | indexes and other books in the recorder's his official |
---|
1431 | | - | custody, but it shall be the recorder's his duty at all times, |
---|
1432 | | - | when the his office is or is required by law to be open, to |
---|
1433 | | - | allow all persons without fee or reward to examine and take |
---|
1434 | | - | memoranda from the same. This Section is subject to the |
---|
1435 | | - | provisions of the "The Local Records Act". |
---|
1436 | | - | (Source: P.A. 86-962.) |
---|
1437 | | - | (55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045) |
---|
1438 | | - | Sec. 3-5045. Scope of liability in connection with Uniform |
---|
1439 | | - | Commercial Code. No recorder nor any of the recorder's his |
---|
1440 | | - | employees or agents shall be subject to personal liability by |
---|
1441 | | - | reason of any error or omission in the performance of any duty |
---|
1442 | | - | under Article 9 of the Uniform Commercial Code except in case |
---|
1443 | | - | of willful wilful negligence. |
---|
1444 | | - | (Source: P.A. 86-962.) |
---|
1445 | | - | (55 ILCS 5/4-12002.3 new) |
---|
1446 | | - | Sec. 4-12002.3. Predictable fee schedule for recordings in |
---|
1447 | | - | third class counties. |
---|
1448 | | - | (a) The fees of the recorder in counties of the third class |
---|
1449 | | - | for recording deeds or other instruments in writing and maps |
---|
1450 | | - | of plats of additions, subdivisions, or otherwise and for |
---|
1451 | | - | |
---|
1452 | | - | |
---|
1453 | | - | certifying copies of records shall be paid in advance and |
---|
1454 | | - | shall conform to this Section. The fees or surcharges shall |
---|
1455 | | - | not, unless otherwise provided in this Section, be based on |
---|
1456 | | - | the individual attributes of a document to be recorded, |
---|
1457 | | - | including, but not limited to, page count; number, length, or |
---|
1458 | | - | type of legal descriptions; number of tax identification or |
---|
1459 | | - | other parcel-identifying code numbers; number of common |
---|
1460 | | - | addresses; number of references contained as to other recorded |
---|
1461 | | - | documents or document numbers; or any other individual |
---|
1462 | | - | attribute of the document. The fees charged under this Section |
---|
1463 | | - | shall be inclusive of all county and State fees that the county |
---|
1464 | | - | may elect or is required to impose or adjust, including, but |
---|
1465 | | - | not limited to, GIS fees, automation fees, document storage |
---|
1466 | | - | fees, and the Rental Housing Support Program State and county |
---|
1467 | | - | surcharges. |
---|
1468 | | - | (b) A county of the third class shall adopt and implement, |
---|
1469 | | - | by ordinance or resolution, a predictable fee schedule as |
---|
1470 | | - | provided in subsection (c) that eliminates surcharges or fees |
---|
1471 | | - | based on the individual attributes of a document to be |
---|
1472 | | - | recorded. If a county has previously adopted an ordinance or |
---|
1473 | | - | resolution adopting a predictable fee schedule, the county |
---|
1474 | | - | must adopt an ordinance or resolution revising that |
---|
1475 | | - | predictable fee schedule to be consistent with this Section. |
---|
1476 | | - | After a document class predictable fee is approved by a county |
---|
1477 | | - | board consistent with this Section, the county board may, by |
---|
1478 | | - | ordinance or resolution, increase the document class |
---|
1479 | | - | |
---|
1480 | | - | |
---|
1481 | | - | predictable fee and collect the increased fees if the |
---|
1482 | | - | established fees are not sufficient to cover the costs of |
---|
1483 | | - | providing the services related to the document class for which |
---|
1484 | | - | the fee is to be increased. |
---|
1485 | | - | For the purposes of the fee charged, the ordinance or |
---|
1486 | | - | resolution shall divide documents into the classifications |
---|
1487 | | - | specified in subsection (c), and shall establish a single, |
---|
1488 | | - | all-inclusive county and State-imposed aggregate predictable |
---|
1489 | | - | fee charged for each classification of document at the time of |
---|
1490 | | - | recording for that document. Each document, unless otherwise |
---|
1491 | | - | provided in this Section, shall fall within one of the |
---|
1492 | | - | document class predictable fee classifications set by |
---|
1493 | | - | subsection (c), and fees for each document class shall be |
---|
1494 | | - | charged only as allowed by this Section. |
---|
1495 | | - | Before approval of an ordinance or resolution under this |
---|
1496 | | - | subsection that creates or modifies a predictable fee |
---|
1497 | | - | schedule, the recorder or county clerk shall post a notice in |
---|
1498 | | - | the recorder's or clerk's office at least 2 weeks prior, but |
---|
1499 | | - | not more than 4 weeks prior, to the public meeting at which the |
---|
1500 | | - | ordinance or resolution may be adopted. The notice shall |
---|
1501 | | - | contain the proposed ordinance or resolution number, if any, |
---|
1502 | | - | the proposed document class predictable fees for each |
---|
1503 | | - | classification, and a reference to this Section and this |
---|
1504 | | - | amendatory Act of the 103rd General Assembly. A predictable |
---|
1505 | | - | fee schedule takes effect 60 days after an ordinance or |
---|
1506 | | - | resolution is adopted, unless the fee schedule was previously |
---|
1507 | | - | |
---|
1508 | | - | |
---|
1509 | | - | created and the ordinance or resolution is a modification |
---|
1510 | | - | allowed under this Section. |
---|
1511 | | - | Nothing in this Section precludes a county board from |
---|
1512 | | - | adjusting amounts or allocations within a given document class |
---|
1513 | | - | predictable fee when the document class predictable fee is not |
---|
1514 | | - | increased or precludes an alternate predictable fee schedule |
---|
1515 | | - | for electronic recording within each of the classifications |
---|
1516 | | - | under subsection (c). |
---|
1517 | | - | If the Rental Housing Support Program State surcharge is |
---|
1518 | | - | amended and the surcharge is increased or lowered, the |
---|
1519 | | - | aggregate amount of the document predictable fee attributable |
---|
1520 | | - | to the surcharge in the document may be changed accordingly. |
---|
1521 | | - | If any fee or surcharge is changed by State statute, the county |
---|
1522 | | - | may increase the document class fees by the same amount |
---|
1523 | | - | without any cost study. |
---|
1524 | | - | (c) A predictable fee schedule ordinance or resolution |
---|
1525 | | - | adopted under this Section shall list document fees, including |
---|
1526 | | - | document class predictable fees. The document classes shall be |
---|
1527 | | - | as follows: |
---|
1528 | | - | (1) Deeds. The aggregate fee for recording deeds shall |
---|
1529 | | - | not be less than $39 (being a minimum $21 county fee plus |
---|
1530 | | - | $18 for the Rental Housing Support Program State |
---|
1531 | | - | surcharge). Inclusion of language in the deed as to any |
---|
1532 | | - | restriction; covenant; lien; oil, gas, or other mineral |
---|
1533 | | - | interest; easement; lease; or a mortgage shall not alter |
---|
1534 | | - | the classification of a document as a deed. |
---|
1535 | | - | |
---|
1536 | | - | |
---|
1537 | | - | (2) Leases, lease amendments, and similar transfer of |
---|
1538 | | - | interest documents. The aggregate fee for recording |
---|
1539 | | - | leases, lease amendments, and similar transfers of |
---|
1540 | | - | interest documents shall not be less than $39 (being a |
---|
1541 | | - | minimum $21 county fee plus $18 for the Rental Housing |
---|
1542 | | - | Support Program State surcharge). |
---|
1543 | | - | (3) Mortgages. The aggregate fee for recording |
---|
1544 | | - | mortgages, including assignments, extensions, amendments, |
---|
1545 | | - | subordinations, and mortgage releases shall not be less |
---|
1546 | | - | than $39 (being a minimum $21 county fee plus $18 for the |
---|
1547 | | - | Rental Housing Support Program State surcharge). |
---|
1548 | | - | (4) Easements not otherwise part of another |
---|
1549 | | - | classification. The aggregate fee for recording easements |
---|
1550 | | - | not otherwise part of another classification, including |
---|
1551 | | - | assignments, extensions, amendments, and easement releases |
---|
1552 | | - | not filed by a State agency, unit of local government, or |
---|
1553 | | - | school district, shall not be less than $39 (being a |
---|
1554 | | - | minimum $21 county fee plus $18 for the Rental Housing |
---|
1555 | | - | Support Program State surcharge). |
---|
1556 | | - | (5) Irregular documents. Any document presented that |
---|
1557 | | - | does not conform to the following standards, even if it |
---|
1558 | | - | may qualify for another document class, may be recorded |
---|
1559 | | - | under this document class (5) if the irregularity allows a |
---|
1560 | | - | legible reproduction of the document presented: |
---|
1561 | | - | (A) The document shall consist of one or more |
---|
1562 | | - | individual sheets measuring 8.5 inches by 11 inches, |
---|
1563 | | - | |
---|
1564 | | - | |
---|
1565 | | - | not permanently bound, and not a continuous form. |
---|
1566 | | - | Graphic displays accompanying a document to be |
---|
1567 | | - | recorded that measure up to 11 inches by 17 inches |
---|
1568 | | - | shall be recorded without charging an additional fee. |
---|
1569 | | - | (B) The document shall be legibly printed in black |
---|
1570 | | - | ink by hand, type, or computer. Signatures and dates |
---|
1571 | | - | may be in contrasting colors if they will reproduce |
---|
1572 | | - | clearly. |
---|
1573 | | - | (C) The document shall be on white paper of not |
---|
1574 | | - | less than 20-pound weight and shall have a clean |
---|
1575 | | - | margin of at least one-half inch on the top, the |
---|
1576 | | - | bottom, and each side. Margins may be used only for |
---|
1577 | | - | non-essential notations that will not affect the |
---|
1578 | | - | validity of the document, including, but not limited |
---|
1579 | | - | to, form numbers, page numbers, and customer |
---|
1580 | | - | notations. |
---|
1581 | | - | (D) The first page of the document shall contain a |
---|
1582 | | - | blank space, measuring at least 3 inches by 5 inches, |
---|
1583 | | - | from the upper right corner. |
---|
1584 | | - | (E) The document shall not have any attachment |
---|
1585 | | - | stapled or otherwise affixed to any page. |
---|
1586 | | - | The aggregate fee for recording an irregular document |
---|
1587 | | - | shall not be less than $39 (being a minimum $21 county fee |
---|
1588 | | - | plus $18 for the Rental Housing Support Program State |
---|
1589 | | - | surcharge). |
---|
1590 | | - | (6) Blanket recordings. For any document that makes |
---|
1591 | | - | |
---|
1592 | | - | |
---|
1593 | | - | specific reference to more than 5 tax parcels or property |
---|
1594 | | - | identification numbers, or makes reference to 5 or more |
---|
1595 | | - | document numbers, the aggregate fee shall be not less than |
---|
1596 | | - | $39 (being a minimum $21 county fee plus $18 for the Rental |
---|
1597 | | - | Housing Support Program State surcharge). A county may |
---|
1598 | | - | adopt by ordinance and publish with its fee schedule an |
---|
1599 | | - | additional fee or formula for each parcel, property |
---|
1600 | | - | identification number, or document reference, above 5, |
---|
1601 | | - | contained in an accepted document. |
---|
1602 | | - | (7) Miscellaneous. The aggregate fee for recording |
---|
1603 | | - | documents not otherwise falling within classifications |
---|
1604 | | - | under paragraphs (1) through (6) and are not otherwise |
---|
1605 | | - | exempted documents shall not be less than $39 (being a |
---|
1606 | | - | minimum $21 county fee plus $18 for the Rental Housing |
---|
1607 | | - | Support Program State surcharge). |
---|
1608 | | - | (d) For recording maps or plats of additions, |
---|
1609 | | - | subdivisions, or otherwise (including the spreading of the |
---|
1610 | | - | same of record in well bound books), $100 plus $2 for each |
---|
1611 | | - | tract, parcel, or lot contained in the map or plat. |
---|
1612 | | - | (e) Documents presented that meet the following criteria |
---|
1613 | | - | shall be charged as otherwise provided by law or ordinance: |
---|
1614 | | - | (1) a document recorded pursuant to the Uniform |
---|
1615 | | - | Commercial Code; or |
---|
1616 | | - | (2) a State lien or a federal lien. |
---|
1617 | | - | Notwithstanding any other provision in this Section: (i) |
---|
1618 | | - | the maximum fee that may be collected from the Department of |
---|
1619 | | - | |
---|
1620 | | - | |
---|
1621 | | - | Revenue for filing or indexing a lien, certificate of lien |
---|
1622 | | - | release or subordination, or any other type of notice or other |
---|
1623 | | - | documentation affecting or concerning a lien is $5; and (ii) |
---|
1624 | | - | the maximum fee that may be collected from the Department of |
---|
1625 | | - | Revenue for indexing each additional name in excess of one for |
---|
1626 | | - | any lien, certificate of lien release or subordination, or any |
---|
1627 | | - | other type of notice or other documentation affecting or |
---|
1628 | | - | concerning a lien is $1. |
---|
1629 | | - | (f) For recording any document that affects an interest in |
---|
1630 | | - | real property, other than documents which solely affect or |
---|
1631 | | - | relate to an easement for water, sewer, electricity, gas, |
---|
1632 | | - | telephone, or other public service, the recorder shall charge |
---|
1633 | | - | a minimum fee of $1 per document to all filers of documents not |
---|
1634 | | - | filed by any State agency, any unit of local government, or any |
---|
1635 | | - | school district. Half of the fee shall be deposited into the |
---|
1636 | | - | county general revenue fund. The remaining half shall be |
---|
1637 | | - | deposited into the County Recorder Document Storage System |
---|
1638 | | - | Fund and may not be appropriated or expended for any other |
---|
1639 | | - | purpose. The additional amounts available to the recorder for |
---|
1640 | | - | expenditure from the County Recorder Document Storage System |
---|
1641 | | - | Fund shall not offset or reduce any other county |
---|
1642 | | - | appropriations or funding for the office of the recorder. |
---|
1643 | | - | (g) For certified and non-certified copies of records, the |
---|
1644 | | - | recorder and county may set a predictable fee for all copies |
---|
1645 | | - | that does not exceed the highest total recording fee in any |
---|
1646 | | - | established document classes, unless the copy fee is otherwise |
---|
1647 | | - | |
---|
1648 | | - | |
---|
1649 | | - | provided in statute or ordinance. The total fee for a |
---|
1650 | | - | certified copy of a map or plat of an addition, subdivision, or |
---|
1651 | | - | otherwise may not exceed $200. |
---|
1652 | | - | The fees allowed under this subsection apply to all |
---|
1653 | | - | records, regardless of when they were recorded, based on |
---|
1654 | | - | current recording fees. These predictable fees for certified |
---|
1655 | | - | and non-certified copies shall apply to portions of documents |
---|
1656 | | - | and to copies provided in any format, including paper, |
---|
1657 | | - | microfilm, or electronic. A county may adopt a per-line |
---|
1658 | | - | pricing structure for copies of information in database |
---|
1659 | | - | format. |
---|
1660 | | - | (h) As provided under subsection (c), the recorder shall |
---|
1661 | | - | collect an $18 Rental Housing Support Program State surcharge |
---|
1662 | | - | for the recordation of any real estate-related document. |
---|
1663 | | - | Payment of the Rental Housing Support Program State surcharge |
---|
1664 | | - | shall be evidenced by a receipt that shall be marked upon or |
---|
1665 | | - | otherwise affixed to the real estate-related document by the |
---|
1666 | | - | recorder. The form of this receipt shall be prescribed by the |
---|
1667 | | - | Department of Revenue and the receipts shall be issued by the |
---|
1668 | | - | Department of Revenue to each county recorder. |
---|
1669 | | - | The recorder shall not collect the Rental Housing Support |
---|
1670 | | - | Program State surcharge from any State agency, unit of local |
---|
1671 | | - | government, or school district. |
---|
1672 | | - | On the 15th day of each month, each county recorder shall |
---|
1673 | | - | report to the Department of Revenue, on a form prescribed by |
---|
1674 | | - | the Department, the number of real estate-related documents |
---|
1675 | | - | |
---|
1676 | | - | |
---|
1677 | | - | recorded for which the Rental Housing Support Program State |
---|
1678 | | - | surcharge was collected. Each recorder shall submit $18 of |
---|
1679 | | - | each surcharge collected in the preceding month to the |
---|
1680 | | - | Department of Revenue and the Department shall deposit these |
---|
1681 | | - | amounts in the Rental Housing Support Program Fund. Subject to |
---|
1682 | | - | appropriation, amounts in the Fund may be expended only for |
---|
1683 | | - | the purpose of funding and administering the Rental Housing |
---|
1684 | | - | Support Program. |
---|
1685 | | - | As used in this subsection, "real estate-related document" |
---|
1686 | | - | means that term as it is defined in Section 7 of the Rental |
---|
1687 | | - | Housing Support Program Act. |
---|
1688 | | - | (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003) |
---|
1689 | | - | Sec. 4-12003. Fees of county clerk in third class |
---|
1690 | | - | counties. The fees of the county clerk in counties of the third |
---|
1691 | | - | class are: |
---|
1692 | | - | For issuing each civil union or marriage license, sealing, |
---|
1693 | | - | filing and recording the same and the certificate thereto (one |
---|
1694 | | - | charge), a fee to be determined by the county board of the |
---|
1695 | | - | county, not to exceed $75, which shall be the same, whether for |
---|
1696 | | - | a civil union or marriage license. $5 from all civil union and |
---|
1697 | | - | marriage license fees shall be remitted by the clerk to the |
---|
1698 | | - | State Treasurer for deposit into the Domestic Violence Fund. |
---|
1699 | | - | For taking, certifying to and sealing the acknowledgment |
---|
1700 | | - | of a deed, power of attorney, or other writing, $1. |
---|
1701 | | - | For filing and entering certificates in case of estrays, |
---|
1702 | | - | |
---|
1703 | | - | |
---|
1704 | | - | and furnishing notices for publication thereof (one charge), |
---|
1705 | | - | $1.50. |
---|
1706 | | - | For recording all papers and documents required by law to |
---|
1707 | | - | be recorded in the office of the county clerk, $2 plus 30 for |
---|
1708 | | - | every 100 words in excess of 600 words. |
---|
1709 | | - | For certificate and seal, not in a case in a court whereof |
---|
1710 | | - | he is clerk, $1. |
---|
1711 | | - | For making and certifying a copy of any record or paper in |
---|
1712 | | - | his office, $2 for every page. |
---|
1713 | | - | For filing papers in his office, 50 for each paper filed, |
---|
1714 | | - | except that no fee shall be charged for filing a Statement of |
---|
1715 | | - | economic interest pursuant to the Illinois Governmental Ethics |
---|
1716 | | - | Act or reports made pursuant to Article 9 of The Election Code. |
---|
1717 | | - | For making transcript of taxable property for the |
---|
1718 | | - | assessors, 8 for each tract of land or town lot. For extending |
---|
1719 | | - | other than State and county taxes, 8 for each tax on each |
---|
1720 | | - | tract or lot, and 8 for each person's personal tax, to be paid |
---|
1721 | | - | by the authority for whose benefit the transcript is made and |
---|
1722 | | - | the taxes extended. The county clerk shall certify to the |
---|
1723 | | - | county collector the amount due from each authority for such |
---|
1724 | | - | services and the collector in his settlement with such |
---|
1725 | | - | authority shall reserve such amount from the amount payable by |
---|
1726 | | - | him to such authority. |
---|
1727 | | - | For adding and bringing forward with current tax warrants |
---|
1728 | | - | amounts due for forfeited or withdrawn special assessments, 8 |
---|
1729 | | - | for each lot or tract of land described and transcribed. |
---|
1730 | | - | |
---|
1731 | | - | |
---|
1732 | | - | For computing and extending each assessment or installment |
---|
1733 | | - | thereof and interest, 8 on each description; and for |
---|
1734 | | - | computing and extending each penalty, 8 on each description. |
---|
1735 | | - | These fees shall be paid by the city, village, or taxing body |
---|
1736 | | - | for whose benefit the transcript is made and the assessment |
---|
1737 | | - | and penalties are extended. The county clerk shall certify to |
---|
1738 | | - | the county collector the amount due from each city, village or |
---|
1739 | | - | taxing body, for such services, and the collector in his |
---|
1740 | | - | settlement with such taxing body shall reserve such amount |
---|
1741 | | - | from the amount payable by him to such city, village or other |
---|
1742 | | - | taxing body. |
---|
1743 | | - | For cancelling certificates of sale, $4 for each tract or |
---|
1744 | | - | lot. |
---|
1745 | | - | For making search and report of general taxes and special |
---|
1746 | | - | assessments for use in the preparation of estimate of cost of |
---|
1747 | | - | redemption from sales or forfeitures or withdrawals or for use |
---|
1748 | | - | in the preparation of estimate of cost of purchase of |
---|
1749 | | - | forfeited property, or for use in preparation of order on the |
---|
1750 | | - | county collector for searches requested by buyers at annual |
---|
1751 | | - | tax sale, for each lot or tract, $4 for the first year |
---|
1752 | | - | searched, and $2 for each additional year or fraction thereof. |
---|
1753 | | - | For preparing from tax search report estimate of cost of |
---|
1754 | | - | redemption concerning property sold, forfeited or withdrawn |
---|
1755 | | - | for non-payment of general taxes and special assessments, if |
---|
1756 | | - | any, $1 for each lot or tract. |
---|
1757 | | - | For certificate of deposit for redemption, $4. |
---|
1758 | | - | |
---|
1759 | | - | |
---|
1760 | | - | For preparing from tax search report estimate of and order |
---|
1761 | | - | to county collector to receive amount necessary to redeem or |
---|
1762 | | - | purchase lands or lots forfeited for non-payment of general |
---|
1763 | | - | taxes, $3 for each lot or tract. |
---|
1764 | | - | For preparing from tax search report estimate of and order |
---|
1765 | | - | to county collector to receive amount necessary to redeem or |
---|
1766 | | - | purchase lands or lots forfeited for non-payment of special |
---|
1767 | | - | assessments, $4 for each lot or tract. |
---|
1768 | | - | For issuing certificate of sale of forfeited property, |
---|
1769 | | - | $10. |
---|
1770 | | - | For noting on collector's warrants tax sales subject to |
---|
1771 | | - | redemption, 20 for each tract or lot of land, to be paid by |
---|
1772 | | - | either the person making the redemption from tax sale, the |
---|
1773 | | - | person surrendering the certificate of sale for cancellation, |
---|
1774 | | - | or the person taking out tax deed. |
---|
1775 | | - | For noting on collector's warrant special assessments |
---|
1776 | | - | withdrawn from collection 20 for each tract or lot of land, to |
---|
1777 | | - | be charged against the lot assessed in the withdrawn special |
---|
1778 | | - | assessment when brought forward with current tax or when |
---|
1779 | | - | redeemed by the county clerk. The county clerk shall certify |
---|
1780 | | - | to the county collector the amount due from each city, village |
---|
1781 | | - | or taxing body for such fees, each year, and the county |
---|
1782 | | - | collector in his settlement with such taxing body shall |
---|
1783 | | - | reserve such amount from the amount payable by him to such |
---|
1784 | | - | taxing body. |
---|
1785 | | - | For taking and approving official bond of a town assessor, |
---|
1786 | | - | |
---|
1787 | | - | |
---|
1788 | | - | filing and recording same, and issuing certificate of election |
---|
1789 | | - | or qualification to such official or to the Secretary of |
---|
1790 | | - | State, $10, to be paid by the officer-elect. |
---|
1791 | | - | For certified copies of plats, 20 for each lot shown in |
---|
1792 | | - | copy, but no charge less than $4. |
---|
1793 | | - | For tax search and issuing Statement regarding same on new |
---|
1794 | | - | plats to be recorded, $10. |
---|
1795 | | - | For furnishing written description in conformity with |
---|
1796 | | - | permanent real estate index number, $2 for each written |
---|
1797 | | - | description. |
---|
1798 | | - | The following fees shall be allowed for services in |
---|
1799 | | - | matters of taxes and assessments, and shall be charged as |
---|
1800 | | - | costs against the delinquent property, and collected with the |
---|
1801 | | - | taxes thereon: |
---|
1802 | | - | For entering judgment, 8 for each tract or lot. |
---|
1803 | | - | For services in attending the tax sale and issuing |
---|
1804 | | - | certificates of sale and sealing the same, $10 for each tract |
---|
1805 | | - | or lot. |
---|
1806 | | - | For making list of delinquent lands and town lots sold, to |
---|
1807 | | - | be filed with the State Comptroller, 10 for each tract or lot |
---|
1808 | | - | sold. |
---|
1809 | | - | The following fees shall be audited and allowed by the |
---|
1810 | | - | board of county commissioners and paid from the county |
---|
1811 | | - | treasury. |
---|
1812 | | - | For computing State or county taxes, on each description |
---|
1813 | | - | of real estate and each person's, firm's or corporation's |
---|
1814 | | - | |
---|
1815 | | - | |
---|
1816 | | - | personal property tax, for each extension of each tax, 4, |
---|
1817 | | - | which shall include the transcribing of the collector's books. |
---|
1818 | | - | For computing, extending and bringing forward, and adding |
---|
1819 | | - | to the current tax, the amount due for general taxes on lands |
---|
1820 | | - | and lots previously forfeited to the State, for each extension |
---|
1821 | | - | of each tax, 4 for the first year, and for computing and |
---|
1822 | | - | extending the tax and penalty for each additional year, 6. |
---|
1823 | | - | For making duplicate or triplicate sets of books, |
---|
1824 | | - | containing transcripts of taxable property, for the board of |
---|
1825 | | - | assessors and board of review, 3 for each description entered |
---|
1826 | | - | in each book. |
---|
1827 | | - | For filing, indexing and recording or binding each birth, |
---|
1828 | | - | death or stillbirth certificate or report, 15, which fee |
---|
1829 | | - | shall be in full for all services in connection therewith, |
---|
1830 | | - | including the keeping of accounts with district registrars. |
---|
1831 | | - | For posting new subdivisions or plats in official atlases, |
---|
1832 | | - | 25 for each lot. |
---|
1833 | | - | For compiling new sheets for atlases, 20 for each lot. |
---|
1834 | | - | For compiling new atlases, including necessary record |
---|
1835 | | - | searches, 25 for each lot. |
---|
1836 | | - | For investigating and reporting on each new plat, referred |
---|
1837 | | - | to county clerk, $2. |
---|
1838 | | - | For attending sessions of the board of county |
---|
1839 | | - | commissioners thereof, $5 per day, for each clerk in |
---|
1840 | | - | attendance. |
---|
1841 | | - | For recording proceedings of the board of county |
---|
1842 | | - | |
---|
1843 | | - | |
---|
1844 | | - | commissioners, 15 per 100 words. |
---|
1845 | | - | For filing papers which must be kept in office of |
---|
1846 | | - | comptroller of Cook County, 10 for each paper filed. |
---|
1847 | | - | For filing and indexing contracts, bonds, communications, |
---|
1848 | | - | and other such papers which must be kept in office of |
---|
1849 | | - | comptroller of Cook County, 15 for each document. |
---|
1850 | | - | For swearing any person to necessary affidavits relating |
---|
1851 | | - | to the correctness of claims against the county, 25. |
---|
1852 | | - | For issuing warrants in payment of salaries, supplies and |
---|
1853 | | - | other accounts, and all necessary auditing and bookkeeping |
---|
1854 | | - | work in connection therewith, 10 each. |
---|
1855 | | - | The fee requirements of this Section do not apply to units |
---|
1856 | | - | of local government or school districts. |
---|
1857 | | - | The fees listed in this Section apply only when a county |
---|
1858 | | - | board has not adjusted them by ordinance or otherwise set by |
---|
1859 | | - | law. |
---|
1860 | | - | (Source: P.A. 97-4, eff. 5-31-11.) |
---|
1861 | | - | (55 ILCS 5/3-5017 rep.) |
---|
1862 | | - | (55 ILCS 5/3-5018 rep.) |
---|
1863 | | - | (55 ILCS 5/3-5018.1 rep.) |
---|
1864 | | - | (55 ILCS 5/4-12002 rep.) |
---|
1865 | | - | (55 ILCS 5/4-12002.1 rep.) |
---|
1866 | | - | Section 10. The Counties Code is amended by repealing |
---|
1867 | | - | Sections 3-5017, 3-5018, 3-5018.1, 4-12002, and 4-12002.1. |
---|
1868 | | - | Section 99. Effective date. This Act takes effect January |
---|
1869 | | - | |
---|
1870 | | - | |
---|
1871 | | - | 1, 2024. |
---|
| 32 | + | SB2227 Enrolled- 2 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 2 - LRB103 28861 AWJ 55246 b |
---|
| 33 | + | SB2227 Enrolled - 2 - LRB103 28861 AWJ 55246 b |
---|
| 34 | + | 1 adopts a resolution to continue the office of an elected |
---|
| 35 | + | 2 recorder. |
---|
| 36 | + | 3 (Source: P.A. 86-962; 86-1028.) |
---|
| 37 | + | 4 (55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002) |
---|
| 38 | + | 5 Sec. 3-5002. Bond. Every recorder, whether elected as such |
---|
| 39 | + | 6 or holding the office of recorder in addition to the office of |
---|
| 40 | + | 7 county clerk as hereinbefore provided, shall, before entering |
---|
| 41 | + | 8 upon the duties of the his or her office, give bonds (or, if |
---|
| 42 | + | 9 the county is self-insured, the county through its |
---|
| 43 | + | 10 self-insurance program may provide bonding), with sufficient |
---|
| 44 | + | 11 security to be approved by the circuit court, payable to the |
---|
| 45 | + | 12 People of the State of Illinois, in the penal sum of $10,000 |
---|
| 46 | + | 13 (except that in counties having a population of 60,000 or more |
---|
| 47 | + | 14 inhabitants the penalty of the bond shall be $20,000), |
---|
| 48 | + | 15 conditioned for the faithful discharge of the recorder's his |
---|
| 49 | + | 16 or her duties, and to deliver up all papers, books, records and |
---|
| 50 | + | 17 other things appertaining to the his or her office, whole, |
---|
| 51 | + | 18 safe and undefaced, when lawfully required so to do - which |
---|
| 52 | + | 19 bond shall be filed in the office of the Secretary of State, |
---|
| 53 | + | 20 and a copy thereof filed of record in the court. |
---|
| 54 | + | 21 (Source: P.A. 88-387.) |
---|
| 55 | + | 22 (55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003) |
---|
| 56 | + | 23 Sec. 3-5003. Oath. Each recorder, before entering upon the |
---|
| 57 | + | 24 duties of the his office, shall take and subscribe to the oath |
---|
| 58 | + | |
---|
| 59 | + | |
---|
| 60 | + | |
---|
| 61 | + | |
---|
| 62 | + | |
---|
| 63 | + | SB2227 Enrolled - 2 - LRB103 28861 AWJ 55246 b |
---|
| 64 | + | |
---|
| 65 | + | |
---|
| 66 | + | SB2227 Enrolled- 3 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 3 - LRB103 28861 AWJ 55246 b |
---|
| 67 | + | SB2227 Enrolled - 3 - LRB103 28861 AWJ 55246 b |
---|
| 68 | + | 1 or affirmation prescribed by Section 3, Article XIII of the |
---|
| 69 | + | 2 Constitution, which shall be filed with the county clerk. |
---|
| 70 | + | 3 (Source: P.A. 86-962.) |
---|
| 71 | + | 4 (55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004) |
---|
| 72 | + | 5 Sec. 3-5004. Commencement of duties. The recorder shall |
---|
| 73 | + | 6 enter upon the duties of the his office on the first day in the |
---|
| 74 | + | 7 month of December following the recorder's his election on |
---|
| 75 | + | 8 which the office of the recorder is required, by statute or by |
---|
| 76 | + | 9 action of the county board, to be open. The recorder He shall |
---|
| 77 | + | 10 be commissioned by the Governor. |
---|
| 78 | + | 11 (Source: P.A. 86-962.) |
---|
| 79 | + | 12 (55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005) |
---|
| 80 | + | 13 Sec. 3-5005. Functions, powers and duties of recorder. The |
---|
| 81 | + | 14 functions and powers of the recorders shall be uniform in the |
---|
| 82 | + | 15 various counties of this State. The recorder has those |
---|
| 83 | + | 16 functions, powers, and duties as provided in this Division the |
---|
| 84 | + | 17 Sections following this Section and preceding Section 3-5006. |
---|
| 85 | + | 18 (Source: P.A. 86-962.) |
---|
| 86 | + | 19 (55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1) |
---|
| 87 | + | 20 Sec. 3-5005.1. Appointment of deputies, assistants and |
---|
| 88 | + | 21 personnel. The recorder shall appoint his deputies, |
---|
| 89 | + | 22 assistants, and personnel to assist the recorder him in the |
---|
| 90 | + | 23 performance of the recorder's his duties. |
---|
| 91 | + | |
---|
| 92 | + | |
---|
| 93 | + | |
---|
| 94 | + | |
---|
| 95 | + | |
---|
| 96 | + | SB2227 Enrolled - 3 - LRB103 28861 AWJ 55246 b |
---|
| 97 | + | |
---|
| 98 | + | |
---|
| 99 | + | SB2227 Enrolled- 4 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 4 - LRB103 28861 AWJ 55246 b |
---|
| 100 | + | SB2227 Enrolled - 4 - LRB103 28861 AWJ 55246 b |
---|
| 101 | + | 1 (Source: P.A. 86-962.) |
---|
| 102 | + | 2 (55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2) |
---|
| 103 | + | 3 Sec. 3-5005.2. Internal operations of office. The recorder |
---|
| 104 | + | 4 shall have the right to control the internal operations of the |
---|
| 105 | + | 5 his office; to procure necessary equipment, materials and |
---|
| 106 | + | 6 services to perform the duties of the his office. The recorder |
---|
| 107 | + | 7 Recorder shall have the right to select the computer or |
---|
| 108 | + | 8 micrographic system to be used for document storage and |
---|
| 109 | + | 9 retrieval. The recorder Recorder may retain the services of |
---|
| 110 | + | 10 management or consulting firms to establish or maintain such a |
---|
| 111 | + | 11 system. |
---|
| 112 | + | 12 (Source: P.A. 86-962.) |
---|
| 113 | + | 13 (55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3) |
---|
| 114 | + | 14 Sec. 3-5005.3. Monthly report of financial status. The |
---|
| 115 | + | 15 recorder shall file a monthly report with the county clerk |
---|
| 116 | + | 16 summarizing the financial status of the his office in such |
---|
| 117 | + | 17 form as shall be determined by the county board. |
---|
| 118 | + | 18 (Source: P.A. 86-962.) |
---|
| 119 | + | 19 (55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4) |
---|
| 120 | + | 20 Sec. 3-5005.4. Deposit of fee income; special funds. The |
---|
| 121 | + | 21 recorder shall deposit in the office of the county treasurer |
---|
| 122 | + | 22 monthly by the 10th day of the month following, all fee income. |
---|
| 123 | + | 23 The recorder may maintain the following special funds from |
---|
| 124 | + | |
---|
| 125 | + | |
---|
| 126 | + | |
---|
| 127 | + | |
---|
| 128 | + | |
---|
| 129 | + | SB2227 Enrolled - 4 - LRB103 28861 AWJ 55246 b |
---|
| 130 | + | |
---|
| 131 | + | |
---|
| 132 | + | SB2227 Enrolled- 5 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 5 - LRB103 28861 AWJ 55246 b |
---|
| 133 | + | SB2227 Enrolled - 5 - LRB103 28861 AWJ 55246 b |
---|
| 134 | + | 1 which the county board shall authorize payment by voucher |
---|
| 135 | + | 2 between board meetings: |
---|
| 136 | + | 3 (a) Overpayments. |
---|
| 137 | + | 4 (b) Reasonable amount needed during the succeeding |
---|
| 138 | + | 5 accounting period to pay office expenses, postage, freight, |
---|
| 139 | + | 6 express or similar charges. |
---|
| 140 | + | 7 (c) Excess earnings from the sale of revenue stamps to be |
---|
| 141 | + | 8 maintained in a fund to be used for the purchase of additional |
---|
| 142 | + | 9 stamps from the Illinois Department of Revenue. |
---|
| 143 | + | 10 (d) Fund to pay necessary travel, dues and other expenses |
---|
| 144 | + | 11 incurred in attending workshops, educational seminars and |
---|
| 145 | + | 12 organizational meetings established for the purpose of |
---|
| 146 | + | 13 providing in-service training. |
---|
| 147 | + | 14 (e) Trust funds and for such other purposes as may be |
---|
| 148 | + | 15 provided for by law. |
---|
| 149 | + | 16 (f) Such other funds as may be authorized by the county |
---|
| 150 | + | 17 board. The recorder shall make accounting monthly to the |
---|
| 151 | + | 18 county board through the county clerk of all special funds |
---|
| 152 | + | 19 maintained by the recorder him in the discharge of the |
---|
| 153 | + | 20 recorder's his duties. |
---|
| 154 | + | 21 (Source: P.A. 86-962.) |
---|
| 155 | + | 22 (55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006) |
---|
| 156 | + | 23 Sec. 3-5006. Appointment of deputies in writing. |
---|
| 157 | + | 24 Appointments of deputies shall be in writing, and entered upon |
---|
| 158 | + | 25 the records of the his office. |
---|
| 159 | + | |
---|
| 160 | + | |
---|
| 161 | + | |
---|
| 162 | + | |
---|
| 163 | + | |
---|
| 164 | + | SB2227 Enrolled - 5 - LRB103 28861 AWJ 55246 b |
---|
| 165 | + | |
---|
| 166 | + | |
---|
| 167 | + | SB2227 Enrolled- 6 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 6 - LRB103 28861 AWJ 55246 b |
---|
| 168 | + | SB2227 Enrolled - 6 - LRB103 28861 AWJ 55246 b |
---|
| 169 | + | 1 (Source: P.A. 86-962.) |
---|
| 170 | + | 2 (55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007) |
---|
| 171 | + | 3 Sec. 3-5007. Oath of deputies. Each deputy shall, before |
---|
| 172 | + | 4 entering upon the deputy's duties of his office, take and |
---|
| 173 | + | 5 subscribe an oath or affirmation, in like form as is required |
---|
| 174 | + | 6 of the recorder, which shall be filed in the office of the |
---|
| 175 | + | 7 recorder. |
---|
| 176 | + | 8 (Source: P.A. 86-962.) |
---|
| 177 | + | 9 (55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008) |
---|
| 178 | + | 10 Sec. 3-5008. Powers of deputies. Deputy recorders duly |
---|
| 179 | + | 11 appointed and qualified may perform any and all duties of the |
---|
| 180 | + | 12 recorder in the name of the recorder, and the acts of such |
---|
| 181 | + | 13 deputies shall be held to be the acts of the recorder, and in |
---|
| 182 | + | 14 case of the death of the recorder or the recorder's his |
---|
| 183 | + | 15 deposition from office, the chief deputy shall thereupon |
---|
| 184 | + | 16 become the acting recorder until such vacancy shall be filled |
---|
| 185 | + | 17 according to the The Election Code, and the chief deputy he |
---|
| 186 | + | 18 shall file a like bond and be vested with the same powers and |
---|
| 187 | + | 19 subject to the same responsibilities and entitled to the same |
---|
| 188 | + | 20 compensation as in case of recorder. Provided, that if the |
---|
| 189 | + | 21 recorder is called into the active military service of the |
---|
| 190 | + | 22 United States, the his office shall not be deemed to be vacant |
---|
| 191 | + | 23 during the time the recorder he is in the active military |
---|
| 192 | + | 24 service of the United States, but during the time the recorder |
---|
| 193 | + | |
---|
| 194 | + | |
---|
| 195 | + | |
---|
| 196 | + | |
---|
| 197 | + | |
---|
| 198 | + | SB2227 Enrolled - 6 - LRB103 28861 AWJ 55246 b |
---|
| 199 | + | |
---|
| 200 | + | |
---|
| 201 | + | SB2227 Enrolled- 7 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 7 - LRB103 28861 AWJ 55246 b |
---|
| 202 | + | SB2227 Enrolled - 7 - LRB103 28861 AWJ 55246 b |
---|
| 203 | + | 1 he is in such active military service of the United States the |
---|
| 204 | + | 2 chief deputy recorder shall be the recorder, and shall perform |
---|
| 205 | + | 3 and discharge all of the duties of the recorder in such county, |
---|
| 206 | + | 4 and shall be paid the same compensation as provided by law for |
---|
| 207 | + | 5 the recorder of the county unless compensated at a higher rate |
---|
| 208 | + | 6 than the recorder as chief deputy, apportioned as to the time |
---|
| 209 | + | 7 of service, and the chief such deputy recorder shall cease to |
---|
| 210 | + | 8 be the recorder upon the discharge of said recorder from the |
---|
| 211 | + | 9 active military service of the United States; and provided |
---|
| 212 | + | 10 further, that the chief deputy recorder, upon becoming the |
---|
| 213 | + | 11 temporary recorder during the absence of the recorder in the |
---|
| 214 | + | 12 active military service of the United States, shall give bond |
---|
| 215 | + | 13 as required of a regularly elected recorder. |
---|
| 216 | + | 14 (Source: P.A. 86-962.) |
---|
| 217 | + | 15 (55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009) |
---|
| 218 | + | 16 Sec. 3-5009. Recorder liable for deputies. The recorder |
---|
| 219 | + | 17 shall be liable for any neglect or omission of the duties of |
---|
| 220 | + | 18 the his office, when occasioned by a deputy, in the same manner |
---|
| 221 | + | 19 as for the recorder's his own personal neglect or omission. |
---|
| 222 | + | 20 (Source: P.A. 86-962.) |
---|
| 223 | + | 21 (55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010) |
---|
| 224 | + | 22 Sec. 3-5010. Duties of recorder. Every recorder shall, as |
---|
| 225 | + | 23 soon as practicable after the receipt of any instrument in |
---|
| 226 | + | 24 writing in the his office, entitled to be recorded, record the |
---|
| 227 | + | |
---|
| 228 | + | |
---|
| 229 | + | |
---|
| 230 | + | |
---|
| 231 | + | |
---|
| 232 | + | SB2227 Enrolled - 7 - LRB103 28861 AWJ 55246 b |
---|
| 233 | + | |
---|
| 234 | + | |
---|
| 235 | + | SB2227 Enrolled- 8 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 8 - LRB103 28861 AWJ 55246 b |
---|
| 236 | + | SB2227 Enrolled - 8 - LRB103 28861 AWJ 55246 b |
---|
| 237 | + | 1 same at length in the order of time of its reception, in well |
---|
| 238 | + | 2 bound books or computer databases to be provided for that |
---|
| 239 | + | 3 purpose. In counties of 500,000 or more inhabitants, the |
---|
| 240 | + | 4 recorder may microphotograph or otherwise reproduce on film |
---|
| 241 | + | 5 any of such instruments in the manner provided by law. In |
---|
| 242 | + | 6 counties of less than 500,000 inhabitants, the recorder may |
---|
| 243 | + | 7 cause to be microphotographed or otherwise reproduced on film |
---|
| 244 | + | 8 any of such instruments or electronic method of storage. When |
---|
| 245 | + | 9 any such instrument is reproduced on film or electronic method |
---|
| 246 | + | 10 of storage, the film or electronic method of storage shall |
---|
| 247 | + | 11 comply with the minimum standards of quality approved for |
---|
| 248 | + | 12 records of the State Records Commission and the device used to |
---|
| 249 | + | 13 reproduce the records on the film or electronic method of |
---|
| 250 | + | 14 storage shall be one which accurately reproduces the contents |
---|
| 251 | + | 15 of the original. |
---|
| 252 | + | 16 (Source: P.A. 97-757, eff. 7-6-12.) |
---|
| 253 | + | 17 (55 ILCS 5/3-5010.5) |
---|
| 254 | + | 18 Sec. 3-5010.5. Fraud referral and review. |
---|
| 255 | + | 19 (a) Legislative findings. The General Assembly finds that |
---|
| 256 | + | 20 property fraud, including fraudulent filings intended to cloud |
---|
| 257 | + | 21 or fraudulently transfer title to property by recording false |
---|
| 258 | + | 22 or altered documents and deeds, is a rapidly growing problem |
---|
| 259 | + | 23 throughout the State. In order to combat the increase in the |
---|
| 260 | + | 24 number of these filings, a recorder may establish a process to |
---|
| 261 | + | 25 review and refer documents suspected to be fraudulent. |
---|
| 262 | + | |
---|
| 263 | + | |
---|
| 264 | + | |
---|
| 265 | + | |
---|
| 266 | + | |
---|
| 267 | + | SB2227 Enrolled - 8 - LRB103 28861 AWJ 55246 b |
---|
| 268 | + | |
---|
| 269 | + | |
---|
| 270 | + | SB2227 Enrolled- 9 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 9 - LRB103 28861 AWJ 55246 b |
---|
| 271 | + | SB2227 Enrolled - 9 - LRB103 28861 AWJ 55246 b |
---|
| 272 | + | 1 (b) Definitions. The terms "recording" and "filing" are |
---|
| 273 | + | 2 used interchangeably in this Section. |
---|
| 274 | + | 3 (c) Establishment and use of a fraud referral and review |
---|
| 275 | + | 4 process. A recorder who establishes a fraud referral and |
---|
| 276 | + | 5 review process under the provisions of this Section may use it |
---|
| 277 | + | 6 to review deeds and instruments and refer any of them to an |
---|
| 278 | + | 7 administrative law judge for review pursuant to subsection (g) |
---|
| 279 | + | 8 of this Section that cause the recorder to reasonably believe |
---|
| 280 | + | 9 that the filing may be fraudulent, unlawfully altered, or |
---|
| 281 | + | 10 intended to unlawfully cloud or transfer the title of any real |
---|
| 282 | + | 11 property. The recorder may enter into an intergovernmental |
---|
| 283 | + | 12 agreement with local law enforcement officials for the |
---|
| 284 | + | 13 purposes of this referral and review. A recorder may request |
---|
| 285 | + | 14 that the Secretary of the Department of Financial and |
---|
| 286 | + | 15 Professional Regulation assist in reviewing possible |
---|
| 287 | + | 16 fraudulent filings. Upon request, the Secretary, or the |
---|
| 288 | + | 17 Secretary's his or her designee, shall assist in identifying |
---|
| 289 | + | 18 the validity of filings. The recorder shall notify the |
---|
| 290 | + | 19 Secretary when a document suspected to be fraudulent is |
---|
| 291 | + | 20 discovered. |
---|
| 292 | + | 21 In counties with a population of less than 3 million, a |
---|
| 293 | + | 22 recorder shall provide public notice 90 days before the |
---|
| 294 | + | 23 establishment of the fraud referral and review process. The |
---|
| 295 | + | 24 notice shall include a statement of the recorder's intent to |
---|
| 296 | + | 25 create a fraud referral and review process and shall be |
---|
| 297 | + | 26 published in a newspaper of general circulation in the county |
---|
| 298 | + | |
---|
| 299 | + | |
---|
| 300 | + | |
---|
| 301 | + | |
---|
| 302 | + | |
---|
| 303 | + | SB2227 Enrolled - 9 - LRB103 28861 AWJ 55246 b |
---|
| 304 | + | |
---|
| 305 | + | |
---|
| 306 | + | SB2227 Enrolled- 10 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 10 - LRB103 28861 AWJ 55246 b |
---|
| 307 | + | SB2227 Enrolled - 10 - LRB103 28861 AWJ 55246 b |
---|
| 308 | + | 1 and, if feasible, posted on the recorder's website and at the |
---|
| 309 | + | 2 recorder's office or offices. |
---|
| 310 | + | 3 In determining whether to refer a document to an |
---|
| 311 | + | 4 administrative law judge for review, a recorder may take into |
---|
| 312 | + | 5 consideration any of the following factors: |
---|
| 313 | + | 6 (1) whether the owner of the property or owner's his |
---|
| 314 | + | 7 or her designated representative has reported to the |
---|
| 315 | + | 8 recorder that another individual is attempting or has |
---|
| 316 | + | 9 attempted to record a fraudulent deed or other instrument |
---|
| 317 | + | 10 upon the property; |
---|
| 318 | + | 11 (2) whether a law enforcement official has contacted |
---|
| 319 | + | 12 the recorder indicating that the law enforcement official |
---|
| 320 | + | 13 he or she has probable cause to suspect title or recording |
---|
| 321 | + | 14 fraud; |
---|
| 322 | + | 15 (3) whether the filer's name has a copyright attached |
---|
| 323 | + | 16 to it or the property owner's name has nonstandard |
---|
| 324 | + | 17 punctuation attached to it; |
---|
| 325 | + | 18 (4) whether the documents assert fines that do not |
---|
| 326 | + | 19 exist or have no basis under current law or that require |
---|
| 327 | + | 20 payment in gold or silver; |
---|
| 328 | + | 21 (5) whether the documents are maritime liens, or liens |
---|
| 329 | + | 22 under the Federal Maritime Lien Act or the Preferred Ship |
---|
| 330 | + | 23 Mortgage Act, or not authorized by the United States Coast |
---|
| 331 | + | 24 Guard; |
---|
| 332 | + | 25 (6) whether the documents are land patents not |
---|
| 333 | + | 26 authorized and certified by the United States Department |
---|
| 334 | + | |
---|
| 335 | + | |
---|
| 336 | + | |
---|
| 337 | + | |
---|
| 338 | + | |
---|
| 339 | + | SB2227 Enrolled - 10 - LRB103 28861 AWJ 55246 b |
---|
| 340 | + | |
---|
| 341 | + | |
---|
| 342 | + | SB2227 Enrolled- 11 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 11 - LRB103 28861 AWJ 55246 b |
---|
| 343 | + | SB2227 Enrolled - 11 - LRB103 28861 AWJ 55246 b |
---|
| 344 | + | 1 of the Interior Bureau of Land Management; |
---|
| 345 | + | 2 (7) whether the documents are representing that the |
---|
| 346 | + | 3 subject of the lien is releasing itself from a lien held by |
---|
| 347 | + | 4 another entity, with no apparent cooperation or |
---|
| 348 | + | 5 authorization provided by the lienholder; |
---|
| 349 | + | 6 (8) whether the documents are protesting or disputing |
---|
| 350 | + | 7 a foreclosure proceeding that are not filed within the |
---|
| 351 | + | 8 foreclosure suit and with the court presiding over the |
---|
| 352 | + | 9 matter; |
---|
| 353 | + | 10 (9) whether the documents are Uniform Commercial Code |
---|
| 354 | + | 11 filings referencing birth certificates or other private |
---|
| 355 | + | 12 records that are not in compliance with Section 9-501 of |
---|
| 356 | + | 13 the Uniform Commercial Code; |
---|
| 357 | + | 14 (10) whether the documents are re-recording deeds to |
---|
| 358 | + | 15 re-notarize or attach notary certification if prior |
---|
| 359 | + | 16 notarization already appears unaltered on the document of |
---|
| 360 | + | 17 record; |
---|
| 361 | + | 18 (11) whether the documents are asserting diplomatic |
---|
| 362 | + | 19 credentials or immunity, non-United States citizenship, or |
---|
| 363 | + | 20 independence from the laws of the United States; |
---|
| 364 | + | 21 (12) whether the documents are claims that a bank |
---|
| 365 | + | 22 cannot hold title after a foreclosure; |
---|
| 366 | + | 23 (13) whether the documents are deeds not properly |
---|
| 367 | + | 24 signed by the last legal owner of record or the owner's |
---|
| 368 | + | 25 court-appointed his or her court appointed representative |
---|
| 369 | + | 26 or attorney-in-fact under a power of attorney; |
---|
| 370 | + | |
---|
| 371 | + | |
---|
| 372 | + | |
---|
| 373 | + | |
---|
| 374 | + | |
---|
| 375 | + | SB2227 Enrolled - 11 - LRB103 28861 AWJ 55246 b |
---|
| 376 | + | |
---|
| 377 | + | |
---|
| 378 | + | SB2227 Enrolled- 12 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 12 - LRB103 28861 AWJ 55246 b |
---|
| 379 | + | SB2227 Enrolled - 12 - LRB103 28861 AWJ 55246 b |
---|
| 380 | + | 1 (14) whether the documents are manipulated or altered |
---|
| 381 | + | 2 federal or State legal or court forms that release a lien; |
---|
| 382 | + | 3 (15) whether a document is not related to a valid |
---|
| 383 | + | 4 existing or potential adverse transaction, existing lien, |
---|
| 384 | + | 5 or judgment of a court of competent jurisdiction; |
---|
| 385 | + | 6 (16) a document that is not related to a valid |
---|
| 386 | + | 7 existing or potential commercial or financial transaction, |
---|
| 387 | + | 8 existing agricultural or other lien, or judgment of a |
---|
| 388 | + | 9 court of competent jurisdiction; |
---|
| 389 | + | 10 (17) whether the document is filed with the intent to |
---|
| 390 | + | 11 harass or defraud the person identified in the record or |
---|
| 391 | + | 12 any other person; |
---|
| 392 | + | 13 (18) whether the document is filed with the intent to |
---|
| 393 | + | 14 harass or defraud any member of a governmental office, |
---|
| 394 | + | 15 including, but not limited to, the recorder's office, |
---|
| 395 | + | 16 local government offices, the State of Illinois, or the |
---|
| 396 | + | 17 Federal government; and |
---|
| 397 | + | 18 (19) whether the documents are previous court |
---|
| 398 | + | 19 determinations, including a previous determination by a |
---|
| 399 | + | 20 court of competent jurisdiction that a particular document |
---|
| 400 | + | 21 is fraudulent, invalid, or forged. |
---|
| 401 | + | 22 (d) Determinations. If a recorder determines, after review |
---|
| 402 | + | 23 by legal staff and counsel, that a deed or instrument that is |
---|
| 403 | + | 24 recorded in the grantor's index or the grantee's index may be |
---|
| 404 | + | 25 fraudulent, unlawfully altered, or intended to unlawfully |
---|
| 405 | + | 26 cloud or transfer the title of any real property, the recorder |
---|
| 406 | + | |
---|
| 407 | + | |
---|
| 408 | + | |
---|
| 409 | + | |
---|
| 410 | + | |
---|
| 411 | + | SB2227 Enrolled - 12 - LRB103 28861 AWJ 55246 b |
---|
| 412 | + | |
---|
| 413 | + | |
---|
| 414 | + | SB2227 Enrolled- 13 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 13 - LRB103 28861 AWJ 55246 b |
---|
| 415 | + | SB2227 Enrolled - 13 - LRB103 28861 AWJ 55246 b |
---|
| 416 | + | 1 he or she shall refer the deed or instrument to an |
---|
| 417 | + | 2 administrative law judge for review pursuant to subsection (g) |
---|
| 418 | + | 3 of this Section. The recorder shall record a Notice of |
---|
| 419 | + | 4 Referral in the grantor's index or the grantee's index |
---|
| 420 | + | 5 identifying the document, corresponding document number in |
---|
| 421 | + | 6 question, and the date of referral. The recorder shall also |
---|
| 422 | + | 7 notify the parties set forth in subsection (e) of this |
---|
| 423 | + | 8 Section. The recorder may, at the recorder's his or her |
---|
| 424 | + | 9 discretion, notify law enforcement officials regarding a |
---|
| 425 | + | 10 filing determined to be fraudulent, unlawfully altered, or |
---|
| 426 | + | 11 intended to unlawfully cloud or transfer the title of any real |
---|
| 427 | + | 12 property. |
---|
| 428 | + | 13 (e) Notice. The recorder shall use county property tax |
---|
| 429 | + | 14 records to identify and provide notice to the last owner of |
---|
| 430 | + | 15 record by telephone, if available, and certified mail both |
---|
| 431 | + | 16 when: (1) a deed or instrument has been referred for review and |
---|
| 432 | + | 17 determination; and (2) a final determination has been made |
---|
| 433 | + | 18 regarding the deed or instrument. Notice, by mail, shall also |
---|
| 434 | + | 19 be sent to the physical address of the property associated |
---|
| 435 | + | 20 with the deed or instrument. |
---|
| 436 | + | 21 (f) Administrative decision. The recorder's decision to |
---|
| 437 | + | 22 add a Notice of Referral and refer a document for review is a |
---|
| 438 | + | 23 final administrative decision that is subject to review by the |
---|
| 439 | + | 24 circuit court of the county where the real property is located |
---|
| 440 | + | 25 under the Administrative Review Law. The standard of review by |
---|
| 441 | + | 26 the circuit court shall be de novo. |
---|
| 442 | + | |
---|
| 443 | + | |
---|
| 444 | + | |
---|
| 445 | + | |
---|
| 446 | + | |
---|
| 447 | + | SB2227 Enrolled - 13 - LRB103 28861 AWJ 55246 b |
---|
| 448 | + | |
---|
| 449 | + | |
---|
| 450 | + | SB2227 Enrolled- 14 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 14 - LRB103 28861 AWJ 55246 b |
---|
| 451 | + | SB2227 Enrolled - 14 - LRB103 28861 AWJ 55246 b |
---|
| 452 | + | 1 (g) Referral and review process. Prior to referral, the |
---|
| 453 | + | 2 recorder shall notify the last owner of record of the document |
---|
| 454 | + | 3 or documents suspected to be fraudulent. The person, entity, |
---|
| 455 | + | 4 or legal representative thereof shall confirm in writing the |
---|
| 456 | + | 5 person's, entity's, or legal representative's his or her |
---|
| 457 | + | 6 belief that a document or documents are suspected to be |
---|
| 458 | + | 7 fraudulent and may request that the recorder refer the case |
---|
| 459 | + | 8 for review. Upon request, the recorder shall bring a case to |
---|
| 460 | + | 9 its county department of administrative hearings and, within |
---|
| 461 | + | 10 10 business days after receipt, an administrative law judge |
---|
| 462 | + | 11 shall schedule a hearing to occur no later than 30 days after |
---|
| 463 | + | 12 receiving the referral. The referral and case shall clearly |
---|
| 464 | + | 13 identify the person, persons, or entity believed to be the |
---|
| 465 | + | 14 last true owner of record as the petitioner. Notice of the |
---|
| 466 | + | 15 hearing shall be provided by the administrative law judge to |
---|
| 467 | + | 16 the filer, or the party represented by the filer, of the |
---|
| 468 | + | 17 suspected fraudulent document, the legal representative of the |
---|
| 469 | + | 18 recorder of deeds who referred the case, and the last owner of |
---|
| 470 | + | 19 record, as identified in the referral. |
---|
| 471 | + | 20 If clear and convincing evidence shows the document in |
---|
| 472 | + | 21 question to be fraudulent, the administrative law judge shall |
---|
| 473 | + | 22 rule the document to be fraudulent and forward the judgment to |
---|
| 474 | + | 23 all the parties identified in this subsection. Upon receiving |
---|
| 475 | + | 24 notice of the judgment of fraud, the recorder shall, within 5 |
---|
| 476 | + | 25 business days, record a new document that includes a copy of |
---|
| 477 | + | 26 the judgment in front of the Notice of Referral that shall |
---|
| 478 | + | |
---|
| 479 | + | |
---|
| 480 | + | |
---|
| 481 | + | |
---|
| 482 | + | |
---|
| 483 | + | SB2227 Enrolled - 14 - LRB103 28861 AWJ 55246 b |
---|
| 484 | + | |
---|
| 485 | + | |
---|
| 486 | + | SB2227 Enrolled- 15 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 15 - LRB103 28861 AWJ 55246 b |
---|
| 487 | + | SB2227 Enrolled - 15 - LRB103 28861 AWJ 55246 b |
---|
| 488 | + | 1 clearly state that the document in question has been found to |
---|
| 489 | + | 2 be fraudulent and shall not be considered to affect the chain |
---|
| 490 | + | 3 of title of the property in any way. |
---|
| 491 | + | 4 If the administrative law judge finds the document to be |
---|
| 492 | + | 5 legitimate, the recorder shall, within 5 business days after |
---|
| 493 | + | 6 receiving notice, record a copy of the judgment. |
---|
| 494 | + | 7 A decision by an administrative law judge shall not |
---|
| 495 | + | 8 preclude a State's attorney or sheriff from proceeding with a |
---|
| 496 | + | 9 criminal investigation or criminal charges. If a county does |
---|
| 497 | + | 10 not have an administrative law judge that specializes in |
---|
| 498 | + | 11 public records, one shall be appointed within 3 months after |
---|
| 499 | + | 12 the effective date of this amendatory Act of the 98th General |
---|
| 500 | + | 13 Assembly, or the original case shall be forwarded to the |
---|
| 501 | + | 14 proper circuit court with jurisdiction. |
---|
| 502 | + | 15 Nothing in this Section precludes a private right of |
---|
| 503 | + | 16 action by any party with an interest in the property affected |
---|
| 504 | + | 17 by the review and referral, or the filer of the document or |
---|
| 505 | + | 18 documents suspected to be fraudulent. Nothing in this Section |
---|
| 506 | + | 19 requires a person or entity who may have had a fraudulent |
---|
| 507 | + | 20 document or encumbrance filed against the person's or entity's |
---|
| 508 | + | 21 his or her property to use the fraud review and referral |
---|
| 509 | + | 22 process or administrative review created by this Section. |
---|
| 510 | + | 23 (h) Fees. The recorder shall retain any filing fees |
---|
| 511 | + | 24 associated with filing a deed or instrument that is determined |
---|
| 512 | + | 25 to be fraudulent, unlawfully altered, or intended to |
---|
| 513 | + | 26 unlawfully cloud or transfer the title of any real property |
---|
| 514 | + | |
---|
| 515 | + | |
---|
| 516 | + | |
---|
| 517 | + | |
---|
| 518 | + | |
---|
| 519 | + | SB2227 Enrolled - 15 - LRB103 28861 AWJ 55246 b |
---|
| 520 | + | |
---|
| 521 | + | |
---|
| 522 | + | SB2227 Enrolled- 16 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 16 - LRB103 28861 AWJ 55246 b |
---|
| 523 | + | SB2227 Enrolled - 16 - LRB103 28861 AWJ 55246 b |
---|
| 524 | + | 1 under this Section. |
---|
| 525 | + | 2 (i) Liability. Neither a recorder nor any of the |
---|
| 526 | + | 3 recorder's his or her employees or agents shall be subject to |
---|
| 527 | + | 4 personal liability by reason of any error or omission in the |
---|
| 528 | + | 5 performance of any duty under this Section, except in case of |
---|
| 529 | + | 6 willful or wanton conduct. Neither the recorder nor any of the |
---|
| 530 | + | 7 recorder's his or her employees shall incur liability for the |
---|
| 531 | + | 8 referral or review, or failure to refer or review, a document |
---|
| 532 | + | 9 or instrument under this Section. |
---|
| 533 | + | 10 (j) Applicability. This Section applies only to filings |
---|
| 534 | + | 11 provided to the recorder on and after the effective date of |
---|
| 535 | + | 12 this amendatory Act of the 98th General Assembly. |
---|
| 536 | + | 13 (k) (Blank). |
---|
| 537 | + | 14 (Source: P.A. 100-276, eff. 8-22-17.) |
---|
| 538 | + | 15 (55 ILCS 5/3-5010.8) |
---|
| 539 | + | 16 (Section scheduled to be repealed on January 1, 2024) |
---|
| 540 | + | 17 Sec. 3-5010.8. Mechanics lien demand and referral pilot |
---|
| 541 | + | 18 program. |
---|
| 542 | + | 19 (a) Legislative findings. The General Assembly finds that |
---|
| 543 | + | 20 expired mechanics liens on residential property, which cloud |
---|
| 544 | + | 21 title to property, are a rapidly growing problem throughout |
---|
| 545 | + | 22 the State. In order to address the increase in expired |
---|
| 546 | + | 23 mechanics liens and, more specifically, those that have not |
---|
| 547 | + | 24 been released by the lienholder, a recorder may establish a |
---|
| 548 | + | 25 process to demand and refer mechanics liens that have been |
---|
| 549 | + | |
---|
| 550 | + | |
---|
| 551 | + | |
---|
| 552 | + | |
---|
| 553 | + | |
---|
| 554 | + | SB2227 Enrolled - 16 - LRB103 28861 AWJ 55246 b |
---|
| 555 | + | |
---|
| 556 | + | |
---|
| 557 | + | SB2227 Enrolled- 17 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 17 - LRB103 28861 AWJ 55246 b |
---|
| 558 | + | SB2227 Enrolled - 17 - LRB103 28861 AWJ 55246 b |
---|
| 559 | + | 1 recorded but not litigated or released in accordance with the |
---|
| 560 | + | 2 Mechanics Lien Act to an administrative law judge for |
---|
| 561 | + | 3 resolution or demand that the lienholder commence suit or |
---|
| 562 | + | 4 forfeit the lien. |
---|
| 563 | + | 5 (b) Definitions. As used in this Section: |
---|
| 564 | + | 6 "Demand to Commence Suit" means the written demand |
---|
| 565 | + | 7 specified in Section 34 of the Mechanics Lien Act. |
---|
| 566 | + | 8 "Mechanics lien" and "lien" are used interchangeably in |
---|
| 567 | + | 9 this Section. |
---|
| 568 | + | 10 "Notice of Expired Mechanics Lien" means the notice a |
---|
| 569 | + | 11 recorder gives to a property owner under subsection (d) |
---|
| 570 | + | 12 informing the property owner of an expired lien. |
---|
| 571 | + | 13 "Notice of Referral" means the document referring a |
---|
| 572 | + | 14 mechanics lien to a county's code hearing unit. |
---|
| 573 | + | 15 "Recording" and "filing" are used interchangeably in this |
---|
| 574 | + | 16 Section. |
---|
| 575 | + | 17 "Referral" or "refer" means a recorder's referral of a |
---|
| 576 | + | 18 mechanics lien to a county's code hearing unit to obtain a |
---|
| 577 | + | 19 determination as to whether a recorded mechanics lien is |
---|
| 578 | + | 20 valid. |
---|
| 579 | + | 21 "Residential property" means real property improved with |
---|
| 580 | + | 22 not less than one nor more than 4 residential dwelling units; a |
---|
| 581 | + | 23 residential condominium unit, including, but not limited to, |
---|
| 582 | + | 24 the common elements allocated to the exclusive use of the |
---|
| 583 | + | 25 condominium unit that form an integral part of the condominium |
---|
| 584 | + | 26 unit and any parking unit or units specified by the |
---|
| 585 | + | |
---|
| 586 | + | |
---|
| 587 | + | |
---|
| 588 | + | |
---|
| 589 | + | |
---|
| 590 | + | SB2227 Enrolled - 17 - LRB103 28861 AWJ 55246 b |
---|
| 591 | + | |
---|
| 592 | + | |
---|
| 593 | + | SB2227 Enrolled- 18 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 18 - LRB103 28861 AWJ 55246 b |
---|
| 594 | + | SB2227 Enrolled - 18 - LRB103 28861 AWJ 55246 b |
---|
| 595 | + | 1 declaration to be allocated to a specific residential |
---|
| 596 | + | 2 condominium unit; or a single tract of agriculture real estate |
---|
| 597 | + | 3 consisting of 40 acres or less that is improved with a |
---|
| 598 | + | 4 single-family residence. If a declaration of condominium |
---|
| 599 | + | 5 ownership provides for individually owned and transferable |
---|
| 600 | + | 6 parking units, "residential property" does not include the |
---|
| 601 | + | 7 parking unit of a specified residential condominium unit |
---|
| 602 | + | 8 unless the parking unit is included in the legal description |
---|
| 603 | + | 9 of the property against which the mechanics lien is recorded. |
---|
| 604 | + | 10 (c) Establishment of a mechanics lien demand and referral |
---|
| 605 | + | 11 process. After a public hearing, a recorder in a county with a |
---|
| 606 | + | 12 code hearing unit may adopt rules establishing a mechanics |
---|
| 607 | + | 13 lien demand and referral process for residential property. A |
---|
| 608 | + | 14 recorder shall provide public notice 90 days before the public |
---|
| 609 | + | 15 hearing. The notice shall include a statement of the |
---|
| 610 | + | 16 recorder's intent to create a mechanics lien demand and |
---|
| 611 | + | 17 referral process and shall be published in a newspaper of |
---|
| 612 | + | 18 general circulation in the county and, if feasible, be posted |
---|
| 613 | + | 19 on the recorder's website and at the recorder's office or |
---|
| 614 | + | 20 offices. |
---|
| 615 | + | 21 (d) Notice of Expired Lien. If a recorder determines, |
---|
| 616 | + | 22 after review by legal staff or counsel, that a mechanics lien |
---|
| 617 | + | 23 recorded in the grantor's index or the grantee's index is an |
---|
| 618 | + | 24 expired lien, the recorder shall serve a Notice of Expired |
---|
| 619 | + | 25 Lien by certified mail to the last known address of the owner. |
---|
| 620 | + | 26 The owner or legal representative of the owner of the |
---|
| 621 | + | |
---|
| 622 | + | |
---|
| 623 | + | |
---|
| 624 | + | |
---|
| 625 | + | |
---|
| 626 | + | SB2227 Enrolled - 18 - LRB103 28861 AWJ 55246 b |
---|
| 627 | + | |
---|
| 628 | + | |
---|
| 629 | + | SB2227 Enrolled- 19 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 19 - LRB103 28861 AWJ 55246 b |
---|
| 630 | + | SB2227 Enrolled - 19 - LRB103 28861 AWJ 55246 b |
---|
| 631 | + | 1 residential property shall confirm in writing the owner's or |
---|
| 632 | + | 2 legal representative's his or her belief that the lien is not |
---|
| 633 | + | 3 involved in pending litigation and, if there is no pending |
---|
| 634 | + | 4 litigation, as verified and confirmed by county court records, |
---|
| 635 | + | 5 the owner may request that the recorder proceed with a |
---|
| 636 | + | 6 referral or serve a Demand to Commence Suit. |
---|
| 637 | + | 7 For the purposes of this Section, a recorder shall |
---|
| 638 | + | 8 determine if a lien is an expired lien. A lien is expired if a |
---|
| 639 | + | 9 suit to enforce the lien has not been commenced or a |
---|
| 640 | + | 10 counterclaim has not been filed by the lienholder within 2 |
---|
| 641 | + | 11 years after the completion date of the contract as specified |
---|
| 642 | + | 12 in the recorded mechanics lien. The 2-year period shall be |
---|
| 643 | + | 13 increased to the extent that an automatic stay under Section |
---|
| 644 | + | 14 362(a) of the United States Bankruptcy Code stays a suit or |
---|
| 645 | + | 15 counterclaim to foreclose the lien. If a work completion date |
---|
| 646 | + | 16 is not specified in the recorded lien, then the work |
---|
| 647 | + | 17 completion date is the date of recording of the mechanics |
---|
| 648 | + | 18 lien. |
---|
| 649 | + | 19 (e) Demand to Commence Suit. Upon receipt of an owner's |
---|
| 650 | + | 20 confirmation that the lien is not involved in pending |
---|
| 651 | + | 21 litigation and a request for the recorder to serve a Demand to |
---|
| 652 | + | 22 Commence Suit, the recorder shall serve a Demand to Commence |
---|
| 653 | + | 23 Suit on the lienholder of the expired lien as provided in |
---|
| 654 | + | 24 Section 34 of the Mechanics Lien Act. A recorder may request |
---|
| 655 | + | 25 that the Secretary of State assist in providing registered |
---|
| 656 | + | 26 agent information or obtain information from the Secretary of |
---|
| 657 | + | |
---|
| 658 | + | |
---|
| 659 | + | |
---|
| 660 | + | |
---|
| 661 | + | |
---|
| 662 | + | SB2227 Enrolled - 19 - LRB103 28861 AWJ 55246 b |
---|
| 663 | + | |
---|
| 664 | + | |
---|
| 665 | + | SB2227 Enrolled- 20 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 20 - LRB103 28861 AWJ 55246 b |
---|
| 666 | + | SB2227 Enrolled - 20 - LRB103 28861 AWJ 55246 b |
---|
| 667 | + | 1 State's registered business database when the recorder seeks |
---|
| 668 | + | 2 to serve a Demand to Commence suit on the lienholder. Upon |
---|
| 669 | + | 3 request, the Secretary of State, or the Secretary of State's |
---|
| 670 | + | 4 his or her designee, shall provide the last known address or |
---|
| 671 | + | 5 registered agent information for a lienholder who is |
---|
| 672 | + | 6 incorporated or doing business in the State. The recorder must |
---|
| 673 | + | 7 record a copy of the Demand to Commence suit in the grantor's |
---|
| 674 | + | 8 index or the grantee's index identifying the mechanics lien |
---|
| 675 | + | 9 and include the corresponding document number and the date of |
---|
| 676 | + | 10 demand. The recorder may, at the recorder's his or her |
---|
| 677 | + | 11 discretion, notify the Secretary of State regarding a Demand |
---|
| 678 | + | 12 to Commence suit determined to involve a company, corporation, |
---|
| 679 | + | 13 or business registered with that office. |
---|
| 680 | + | 14 When the lienholder commences a suit or files an answer |
---|
| 681 | + | 15 within 30 days or the lienholder records a release of lien with |
---|
| 682 | + | 16 the county recorder as required by subsection (a) of Section |
---|
| 683 | + | 17 34 of the Mechanics Lien Act, then the demand and referral |
---|
| 684 | + | 18 process is completed for the recorder for that property. If |
---|
| 685 | + | 19 service under this Section is responded to consistent with |
---|
| 686 | + | 20 Section 34 of the Mechanics Lien Act, the recorder may not |
---|
| 687 | + | 21 proceed under subsection (f). If no response is received |
---|
| 688 | + | 22 consistent with Section 34 of the Mechanics Lien Act, the |
---|
| 689 | + | 23 recorder may proceed under subsection (f). |
---|
| 690 | + | 24 (f) Referral. Upon receipt of an owner's confirmation that |
---|
| 691 | + | 25 the lien is not involved in pending litigation and a request |
---|
| 692 | + | 26 for the recorder to proceed with a referral, the recorder |
---|
| 693 | + | |
---|
| 694 | + | |
---|
| 695 | + | |
---|
| 696 | + | |
---|
| 697 | + | |
---|
| 698 | + | SB2227 Enrolled - 20 - LRB103 28861 AWJ 55246 b |
---|
| 699 | + | |
---|
| 700 | + | |
---|
| 701 | + | SB2227 Enrolled- 21 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 21 - LRB103 28861 AWJ 55246 b |
---|
| 702 | + | SB2227 Enrolled - 21 - LRB103 28861 AWJ 55246 b |
---|
| 703 | + | 1 shall: (i) file the Notice of Referral with the county's code |
---|
| 704 | + | 2 hearing unit; (ii) identify and notify the lienholder by |
---|
| 705 | + | 3 telephone, if available, of the referral and send a copy of the |
---|
| 706 | + | 4 Notice of Referral by certified mail to the lienholder using |
---|
| 707 | + | 5 information included in the recorded mechanics lien or the |
---|
| 708 | + | 6 last known address or registered agent received from the |
---|
| 709 | + | 7 Secretary of State or obtained from the Secretary of State's |
---|
| 710 | + | 8 registered business database; (iii) send a copy of the Notice |
---|
| 711 | + | 9 of Referral by mail to the physical address of the property |
---|
| 712 | + | 10 owner associated with the lien; and (iv) record a copy of the |
---|
| 713 | + | 11 Notice of Referral in the grantor's index or the grantee's |
---|
| 714 | + | 12 index identifying the mechanics lien and include the |
---|
| 715 | + | 13 corresponding document number. The Notice of Referral shall |
---|
| 716 | + | 14 clearly identify the person, persons, or entity believed to be |
---|
| 717 | + | 15 the owner, assignee, successor, or beneficiary of the lien. |
---|
| 718 | + | 16 The recorder may, at the recorder's his or her discretion, |
---|
| 719 | + | 17 notify the Secretary of State regarding a referral determined |
---|
| 720 | + | 18 to involve a company, corporation, or business registered with |
---|
| 721 | + | 19 that office. |
---|
| 722 | + | 20 No earlier than 30 business days after the date the |
---|
| 723 | + | 21 lienholder is required to respond to a Demand to Commence Suit |
---|
| 724 | + | 22 under Section 34 of the Mechanics Lien Act, the code hearing |
---|
| 725 | + | 23 unit shall schedule a hearing to occur at least 30 days after |
---|
| 726 | + | 24 sending notice of the date of hearing. Notice of the hearing |
---|
| 727 | + | 25 shall be provided by the county recorder, by and through the |
---|
| 728 | + | 26 recorder's his or her representative, to the filer, or the |
---|
| 729 | + | |
---|
| 730 | + | |
---|
| 731 | + | |
---|
| 732 | + | |
---|
| 733 | + | |
---|
| 734 | + | SB2227 Enrolled - 21 - LRB103 28861 AWJ 55246 b |
---|
| 735 | + | |
---|
| 736 | + | |
---|
| 737 | + | SB2227 Enrolled- 22 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 22 - LRB103 28861 AWJ 55246 b |
---|
| 738 | + | SB2227 Enrolled - 22 - LRB103 28861 AWJ 55246 b |
---|
| 739 | + | 1 party represented by the filer, of the expired lien, the legal |
---|
| 740 | + | 2 representative of the recorder of deeds who referred the case, |
---|
| 741 | + | 3 and the last owner of record, as identified in the Notice of |
---|
| 742 | + | 4 Referral. |
---|
| 743 | + | 5 If the recorder shows by clear and convincing evidence |
---|
| 744 | + | 6 that the lien in question is an expired lien, the |
---|
| 745 | + | 7 administrative law judge shall rule the lien is forfeited |
---|
| 746 | + | 8 under Section 34.5 of the Mechanics Lien Act and that the lien |
---|
| 747 | + | 9 no longer affects the chain of title of the property in any |
---|
| 748 | + | 10 way. The judgment shall be forwarded to all parties identified |
---|
| 749 | + | 11 in this subsection. Upon receiving judgment of a forfeited |
---|
| 750 | + | 12 lien, the recorder shall, within 5 business days, record a |
---|
| 751 | + | 13 copy of the judgment in the grantor's index or the grantee's |
---|
| 752 | + | 14 index. |
---|
| 753 | + | 15 If the administrative law judge finds the lien is not |
---|
| 754 | + | 16 expired, the recorder shall, no later than 5 business days |
---|
| 755 | + | 17 after receiving notice of the decision of the administrative |
---|
| 756 | + | 18 law judge, record a copy of the judgment in the grantor's index |
---|
| 757 | + | 19 or the grantee's index. |
---|
| 758 | + | 20 A decision by an administrative law judge is reviewable |
---|
| 759 | + | 21 under the Administrative Review Law, and nothing in this |
---|
| 760 | + | 22 Section precludes a property owner or lienholder from |
---|
| 761 | + | 23 proceeding with a civil action to resolve questions concerning |
---|
| 762 | + | 24 a mechanics lien. |
---|
| 763 | + | 25 A lienholder or property owner may remove the action from |
---|
| 764 | + | 26 the code hearing unit to the circuit court as provided in |
---|
| 765 | + | |
---|
| 766 | + | |
---|
| 767 | + | |
---|
| 768 | + | |
---|
| 769 | + | |
---|
| 770 | + | SB2227 Enrolled - 22 - LRB103 28861 AWJ 55246 b |
---|
| 771 | + | |
---|
| 772 | + | |
---|
| 773 | + | SB2227 Enrolled- 23 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 23 - LRB103 28861 AWJ 55246 b |
---|
| 774 | + | SB2227 Enrolled - 23 - LRB103 28861 AWJ 55246 b |
---|
| 775 | + | 1 subsection (i). |
---|
| 776 | + | 2 (g) Final administrative decision. The recorder's decision |
---|
| 777 | + | 3 to refer a mechanics lien or serve a Demand to Commence Suit is |
---|
| 778 | + | 4 a final administrative decision that is subject to review |
---|
| 779 | + | 5 under the Administrative Review Law by the circuit court of |
---|
| 780 | + | 6 the county where the real property is located. The standard of |
---|
| 781 | + | 7 review by the circuit court shall be consistent with the |
---|
| 782 | + | 8 Administrative Review Law. |
---|
| 783 | + | 9 (h) Liability. A recorder and the recorder's his or her |
---|
| 784 | + | 10 employees or agents are not subject to personal liability by |
---|
| 785 | + | 11 reason of any error or omission in the performance of any duty |
---|
| 786 | + | 12 under this Section, except in the case of willful or wanton |
---|
| 787 | + | 13 conduct. The recorder and the recorder's his or her employees |
---|
| 788 | + | 14 or agents are not liable for the decision to refer a lien or |
---|
| 789 | + | 15 serve a Demand to Commence Suit, or failure to refer or serve a |
---|
| 790 | + | 16 Demand to Commence Suit, of a lien under this Section. |
---|
| 791 | + | 17 (i) Private actions; use of demand and referral process. |
---|
| 792 | + | 18 Nothing in this Section precludes a private right of action by |
---|
| 793 | + | 19 any party with an interest in the property affected by the |
---|
| 794 | + | 20 mechanics lien or a decision by the code hearing unit. Nothing |
---|
| 795 | + | 21 in this Section requires a person or entity who may have a |
---|
| 796 | + | 22 mechanics lien recorded against the person's or entity's his |
---|
| 797 | + | 23 or her property to use the mechanics lien demand and referral |
---|
| 798 | + | 24 process created by this Section. |
---|
| 799 | + | 25 A lienholder or property owner may remove a matter in the |
---|
| 800 | + | 26 referral process to the circuit court at any time prior to the |
---|
| 801 | + | |
---|
| 802 | + | |
---|
| 803 | + | |
---|
| 804 | + | |
---|
| 805 | + | |
---|
| 806 | + | SB2227 Enrolled - 23 - LRB103 28861 AWJ 55246 b |
---|
| 807 | + | |
---|
| 808 | + | |
---|
| 809 | + | SB2227 Enrolled- 24 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 24 - LRB103 28861 AWJ 55246 b |
---|
| 810 | + | SB2227 Enrolled - 24 - LRB103 28861 AWJ 55246 b |
---|
| 811 | + | 1 final decision of the administrative law judge by delivering a |
---|
| 812 | + | 2 certified notice of the suit filed in the circuit court to the |
---|
| 813 | + | 3 administrative law judge. Upon receipt of the certified |
---|
| 814 | + | 4 notice, the administrative law judge shall dismiss the matter |
---|
| 815 | + | 5 without prejudice. If the matter is dismissed due to removal, |
---|
| 816 | + | 6 then the demand and referral process is completed for the |
---|
| 817 | + | 7 recorder for that property. If the circuit court dismisses the |
---|
| 818 | + | 8 removed matter without deciding on whether the lien is expired |
---|
| 819 | + | 9 and without prejudice, the recorder may reinstitute the demand |
---|
| 820 | + | 10 and referral process under subsection (d). |
---|
| 821 | + | 11 (j) Repeal. This Section is repealed on January 1, 2024. |
---|
| 822 | + | 12 (Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.) |
---|
| 823 | + | 13 (55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011) |
---|
| 824 | + | 14 Sec. 3-5011. Office to remain open during bank holiday. |
---|
| 825 | + | 15 Whenever an emergency exists which involves the banking or |
---|
| 826 | + | 16 credit structure within the State of Illinois, and which is |
---|
| 827 | + | 17 recognized by a proclamation by the Governor or by an act or |
---|
| 828 | + | 18 resolution of the General Assembly, and by such proclamation |
---|
| 829 | + | 19 of the Governor a public holiday has been or shall be declared, |
---|
| 830 | + | 20 the proclamation of such public holiday shall not require the |
---|
| 831 | + | 21 recorder or registrar of titles in any county in this State to |
---|
| 832 | + | 22 close the recorder's or registrar's his office, but every such |
---|
| 833 | + | 23 recorder or registrar of titles shall continue to keep the |
---|
| 834 | + | 24 recorder's or registrar's his office open and to operate in |
---|
| 835 | + | 25 the same manner as though no such public holiday had been |
---|
| 836 | + | |
---|
| 837 | + | |
---|
| 838 | + | |
---|
| 839 | + | |
---|
| 840 | + | |
---|
| 841 | + | SB2227 Enrolled - 24 - LRB103 28861 AWJ 55246 b |
---|
| 842 | + | |
---|
| 843 | + | |
---|
| 844 | + | SB2227 Enrolled- 25 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 25 - LRB103 28861 AWJ 55246 b |
---|
| 845 | + | SB2227 Enrolled - 25 - LRB103 28861 AWJ 55246 b |
---|
| 846 | + | 1 declared, unless in and by such proclamation the Governor of |
---|
| 847 | + | 2 this State shall make specific reference to the closing of |
---|
| 848 | + | 3 recorders' or registrars' offices in this State. The actions |
---|
| 849 | + | 4 of any recorder or registrar of titles performed prior to May |
---|
| 850 | + | 5 26, 1933 and during the continuance of any such holiday, are |
---|
| 851 | + | 6 validated. |
---|
| 852 | + | 7 (Source: P.A. 86-962.) |
---|
| 853 | + | 8 (55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012) |
---|
| 854 | + | 9 Sec. 3-5012. Recording and indexing books. Separate books |
---|
| 855 | + | 10 and computer databases may be kept for the recording and |
---|
| 856 | + | 11 indexing of different classes of instruments. Three distinct |
---|
| 857 | + | 12 series of document numbers may be used for recording documents |
---|
| 858 | + | 13 received for recordation, one series of numbers to be preceded |
---|
| 859 | + | 14 by the letter "b" in each case, which series shall be used only |
---|
| 860 | + | 15 for bills of sale of personal property, chattel mortgages and |
---|
| 861 | + | 16 releases, extensions and assignments, thereof, one series of |
---|
| 862 | + | 17 numbers to be preceded by the letter "c" in each case, which |
---|
| 863 | + | 18 series shall be used only for certificates of discharge of |
---|
| 864 | + | 19 discharged members of the military, aviation and naval forces |
---|
| 865 | + | 20 of the United States, and the other series of document numbers |
---|
| 866 | + | 21 shall be used for all other instruments received for |
---|
| 867 | + | 22 recordation. When three series of document numbers are thus |
---|
| 868 | + | 23 used, a separate place may be provided in the Recorder's |
---|
| 869 | + | 24 office for the receipt of each kind of documents to which such |
---|
| 870 | + | 25 serial numbers apply. |
---|
| 871 | + | |
---|
| 872 | + | |
---|
| 873 | + | |
---|
| 874 | + | |
---|
| 875 | + | |
---|
| 876 | + | SB2227 Enrolled - 25 - LRB103 28861 AWJ 55246 b |
---|
| 877 | + | |
---|
| 878 | + | |
---|
| 879 | + | SB2227 Enrolled- 26 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 26 - LRB103 28861 AWJ 55246 b |
---|
| 880 | + | SB2227 Enrolled - 26 - LRB103 28861 AWJ 55246 b |
---|
| 881 | + | 1 (Source: P.A. 86-962.) |
---|
| 882 | + | 2 (55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013) |
---|
| 883 | + | 3 Sec. 3-5013. Transcription or reproduction of written |
---|
| 884 | + | 4 instruments. The recorder, when recording at length |
---|
| 885 | + | 5 instruments in writing in the his or her office, may |
---|
| 886 | + | 6 transcribe the instruments in handwriting or typewriting, make |
---|
| 887 | + | 7 photographic or photostatic reproductions of the instruments, |
---|
| 888 | + | 8 or transcribe the instruments partly in handwriting or |
---|
| 889 | + | 9 typewriting and make photographic or photostatic reproductions |
---|
| 890 | + | 10 of the remaining portions of the instruments. Every document, |
---|
| 891 | + | 11 however, shall be filed in a complete and intelligible manner. |
---|
| 892 | + | 12 The recorder may not accept facsimile or other photographic or |
---|
| 893 | + | 13 photostatic copies of the signatures of parties executing |
---|
| 894 | + | 14 documents without labeling those signatures as copies unless |
---|
| 895 | + | 15 they are digital signatures submitted under federal or State |
---|
| 896 | + | 16 law. When photographic or photostatic reproductions are used, |
---|
| 897 | + | 17 the recorder shall first be satisfied that the reproductions |
---|
| 898 | + | 18 are as lasting and durable as handwritten or typewritten |
---|
| 899 | + | 19 copies. The reproductions may shall be upon sheets bound |
---|
| 900 | + | 20 together in well bound books or placed in books that are |
---|
| 901 | + | 21 permanently locked so that the sheets cannot be tampered with |
---|
| 902 | + | 22 or removed. When instruments are reproduced by |
---|
| 903 | + | 23 microphotography, digital scanning, or otherwise reproduced on |
---|
| 904 | + | 24 film as provided in this Section the reproduction thus made |
---|
| 905 | + | 25 shall be deemed the record for all purposes. |
---|
| 906 | + | |
---|
| 907 | + | |
---|
| 908 | + | |
---|
| 909 | + | |
---|
| 910 | + | |
---|
| 911 | + | SB2227 Enrolled - 26 - LRB103 28861 AWJ 55246 b |
---|
| 912 | + | |
---|
| 913 | + | |
---|
| 914 | + | SB2227 Enrolled- 27 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 27 - LRB103 28861 AWJ 55246 b |
---|
| 915 | + | SB2227 Enrolled - 27 - LRB103 28861 AWJ 55246 b |
---|
| 916 | + | 1 (Source: P.A. 86-962; 87-376.) |
---|
| 917 | + | 2 (55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014) |
---|
| 918 | + | 3 Sec. 3-5014. Mortgages or liens filed but not recorded. |
---|
| 919 | + | 4 Upon receipt of any mortgage, trust deed or conveyance of |
---|
| 920 | + | 5 personal property having the effect of a mortgage or lien upon |
---|
| 921 | + | 6 such property, upon which is indorsed the words, "this |
---|
| 922 | + | 7 instrument to be filed, but not recorded" or words of a similar |
---|
| 923 | + | 8 import, signed by the mortgagee, the mortgagee's his agent or |
---|
| 924 | + | 9 attorney, and upon payment of a fee equal to what would be |
---|
| 925 | + | 10 charged if the document were to be recorded, the recorder |
---|
| 926 | + | 11 shall mark the instrument "filed", endorse the time (including |
---|
| 927 | + | 12 the hour of the day) of the receipt thereof and file the same |
---|
| 928 | + | 13 in the his office. |
---|
| 929 | + | 14 Each instrument filed as above shall be numbered and |
---|
| 930 | + | 15 indexed by the recorder Recorder in the book wherein the |
---|
| 931 | + | 16 recorder he alphabetically indexes chattel mortgages and shall |
---|
| 932 | + | 17 refer to the number appearing on the filed instrument. |
---|
| 933 | + | 18 The recorder may destroy any instrument filed but not |
---|
| 934 | + | 19 recorded in the manner hereinabove provided, one year after |
---|
| 935 | + | 20 the maturity thereof as stated therein; except, no such |
---|
| 936 | + | 21 instrument may be destroyed until one year after the maturity |
---|
| 937 | + | 22 of the last extension thereof filed in the recorder's office. |
---|
| 938 | + | 23 (Source: P.A. 86-962.) |
---|
| 939 | + | 24 (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015) |
---|
| 940 | + | |
---|
| 941 | + | |
---|
| 942 | + | |
---|
| 943 | + | |
---|
| 944 | + | |
---|
| 945 | + | SB2227 Enrolled - 27 - LRB103 28861 AWJ 55246 b |
---|
| 946 | + | |
---|
| 947 | + | |
---|
| 948 | + | SB2227 Enrolled- 28 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 28 - LRB103 28861 AWJ 55246 b |
---|
| 949 | + | SB2227 Enrolled - 28 - LRB103 28861 AWJ 55246 b |
---|
| 950 | + | 1 Sec. 3-5015. Certificates of discharge or release from |
---|
| 951 | + | 2 active duty. Certificates of discharge or MEMBER-4 copy of |
---|
| 952 | + | 3 certificate of release or discharge from active duty of |
---|
| 953 | + | 4 honorably discharged or separated members of the military, |
---|
| 954 | + | 5 aviation and naval forces of the United States shall be |
---|
| 955 | + | 6 recorded by each recorder, free of charge, in a separate book |
---|
| 956 | + | 7 or computer database which shall be kept for the purpose. The |
---|
| 957 | + | 8 recorder in counties of over 500,000 population shall as soon |
---|
| 958 | + | 9 as practicable after the recording of the original discharge |
---|
| 959 | + | 10 certificate or MEMBER-4 copy of certificate of release or |
---|
| 960 | + | 11 discharge from active duty, deliver to each of the persons |
---|
| 961 | + | 12 named in the discharge certificate or MEMBER-4 copy of |
---|
| 962 | + | 13 certificate of release or discharge from active duty, or the |
---|
| 963 | + | 14 person's his agent, one certified copy of the person's his |
---|
| 964 | + | 15 discharge certificate or MEMBER-4 copy of certificate of |
---|
| 965 | + | 16 release or discharge from active duty without charge. |
---|
| 966 | + | 17 Additional certified copies shall be furnished by the recorder |
---|
| 967 | + | 18 upon the payment to the recorder of a fee of $1.25, payable in |
---|
| 968 | + | 19 advance, for each such additional certified copy. The recorder |
---|
| 969 | + | 20 may waive the fee for reasonable requests for additional |
---|
| 970 | + | 21 copies if the recorder deems collecting the fee to be a burden |
---|
| 971 | + | 22 to the county, but only if the fee is waived for all reasonable |
---|
| 972 | + | 23 requests for additional copies under this Section. |
---|
| 973 | + | 24 Upon the delivery of the certificate of discharge or |
---|
| 974 | + | 25 MEMBER-4 copy of certificate of release or discharge from |
---|
| 975 | + | 26 active duty after the recordation thereof is completed, and |
---|
| 976 | + | |
---|
| 977 | + | |
---|
| 978 | + | |
---|
| 979 | + | |
---|
| 980 | + | |
---|
| 981 | + | SB2227 Enrolled - 28 - LRB103 28861 AWJ 55246 b |
---|
| 982 | + | |
---|
| 983 | + | |
---|
| 984 | + | SB2227 Enrolled- 29 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 29 - LRB103 28861 AWJ 55246 b |
---|
| 985 | + | SB2227 Enrolled - 29 - LRB103 28861 AWJ 55246 b |
---|
| 986 | + | 1 the delivery of one certified copy thereof to the person named |
---|
| 987 | + | 2 in the discharge certificate or MEMBER-4 copy of certificate |
---|
| 988 | + | 3 of release or discharge from active duty or the person's his |
---|
| 989 | + | 4 agent, the receipt theretofore issued by the recorder, or a |
---|
| 990 | + | 5 copy thereof shall be surrendered to the recorder, with a |
---|
| 991 | + | 6 signed statement acknowledging the receipt of the discharge |
---|
| 992 | + | 7 certificate or MEMBER-4 copy of certificate of release or |
---|
| 993 | + | 8 discharge from active duty and the certified copy thereof. |
---|
| 994 | + | 9 Certified copies of the certificates of discharge or |
---|
| 995 | + | 10 MEMBER-4 copy of certificate of release or discharge from |
---|
| 996 | + | 11 active duty furnished by the recorder may vary from the size of |
---|
| 997 | + | 12 the original, if in the judgment of the recorder, such |
---|
| 998 | + | 13 certified copies are complete and legible. |
---|
| 999 | + | 14 A military discharge form (DD-214) or any other |
---|
| 1000 | + | 15 certificate of discharge or release from active duty document |
---|
| 1001 | + | 16 that was issued by the United States government or any state |
---|
| 1002 | + | 17 government in reference to those who served with an active or |
---|
| 1003 | + | 18 inactive military reserve unit or National Guard force and |
---|
| 1004 | + | 19 that was recorded by a County Clerk or Recorder of Deeds is not |
---|
| 1005 | + | 20 subject to public inspection, enjoying all the protection |
---|
| 1006 | + | 21 covered by the federal Privacy Act of 1974 or any other privacy |
---|
| 1007 | + | 22 law. These documents shall be accessible only to the person |
---|
| 1008 | + | 23 named in the document, the named person's dependents, the |
---|
| 1009 | + | 24 county veterans' service officer, representatives of the |
---|
| 1010 | + | 25 Department of Veterans' Affairs, or any person with written |
---|
| 1011 | + | 26 authorization from the named person or the named person's |
---|
| 1012 | + | |
---|
| 1013 | + | |
---|
| 1014 | + | |
---|
| 1015 | + | |
---|
| 1016 | + | |
---|
| 1017 | + | SB2227 Enrolled - 29 - LRB103 28861 AWJ 55246 b |
---|
| 1018 | + | |
---|
| 1019 | + | |
---|
| 1020 | + | SB2227 Enrolled- 30 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 30 - LRB103 28861 AWJ 55246 b |
---|
| 1021 | + | SB2227 Enrolled - 30 - LRB103 28861 AWJ 55246 b |
---|
| 1022 | + | 1 dependents. Notwithstanding any other provision in this |
---|
| 1023 | + | 2 paragraph, these documents shall be made available for public |
---|
| 1024 | + | 3 inspection and copying in accordance with the archival |
---|
| 1025 | + | 4 schedule adopted by the National Archives and Records |
---|
| 1026 | + | 5 Administration and subject to redaction of information that is |
---|
| 1027 | + | 6 considered private under the Illinois Freedom of Information |
---|
| 1028 | + | 7 Act, the federal Freedom of Information Act, and the federal |
---|
| 1029 | + | 8 Privacy Act. |
---|
| 1030 | + | 9 (Source: P.A. 101-402, eff. 8-16-19.) |
---|
| 1031 | + | 10 (55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016) |
---|
| 1032 | + | 11 Sec. 3-5016. Quarters; office hours. Every recorder |
---|
| 1033 | + | 12 Recorder shall keep the recorder's his office at the |
---|
| 1034 | + | 13 courthouse of the county for which the recorder was elected he |
---|
| 1035 | + | 14 is recorder, or in counties of the second or third class in |
---|
| 1036 | + | 15 some other suitable building provided at the county seat by |
---|
| 1037 | + | 16 the county for which the person was elected he is recorder and |
---|
| 1038 | + | 17 shall keep the his office open except as hereinafter provided |
---|
| 1039 | + | 18 and attend to the duties thereof in counties of the first and |
---|
| 1040 | + | 19 second classes from 8 o'clock A.M. to 5 o'clock P.M. of each |
---|
| 1041 | + | 20 working day, except Saturday and Sunday, and in counties of |
---|
| 1042 | + | 21 the third class from 9 o'clock A.M. to 5 o'clock P.M. of each |
---|
| 1043 | + | 22 working day, except Saturday and Sunday. The , and except in |
---|
| 1044 | + | 23 each county of all classes such days as under any law are or |
---|
| 1045 | + | 24 may be legal holidays in any part of the county, as regards the |
---|
| 1046 | + | 25 presenting for payment, acceptance, maturity, protesting, or |
---|
| 1047 | + | |
---|
| 1048 | + | |
---|
| 1049 | + | |
---|
| 1050 | + | |
---|
| 1051 | + | |
---|
| 1052 | + | SB2227 Enrolled - 30 - LRB103 28861 AWJ 55246 b |
---|
| 1053 | + | |
---|
| 1054 | + | |
---|
| 1055 | + | SB2227 Enrolled- 31 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 31 - LRB103 28861 AWJ 55246 b |
---|
| 1056 | + | SB2227 Enrolled - 31 - LRB103 28861 AWJ 55246 b |
---|
| 1057 | + | 1 giving notice of the dishonor of bills of exchange, bank |
---|
| 1058 | + | 2 checks, promissory notes, or other negotiable or commercial |
---|
| 1059 | + | 3 paper or instruments: Provided, however, that the hours of |
---|
| 1060 | + | 4 opening and closing of the office of the recorder Recorder may |
---|
| 1061 | + | 5 be changed and otherwise fixed and determined by the county |
---|
| 1062 | + | 6 board of any county. Any such action taken by the county board |
---|
| 1063 | + | 7 shall be by an appropriate resolution passed at a regular |
---|
| 1064 | + | 8 meeting. The office of the recorder shall accept instruments |
---|
| 1065 | + | 9 for recordation at all times during which the office is open. |
---|
| 1066 | + | 10 (Source: P.A. 86-962.) |
---|
| 1067 | + | 11 (55 ILCS 5/3-5018.2 new) |
---|
| 1068 | + | 12 Sec. 3-5018.2. Predictable fee schedule for recordings in |
---|
| 1069 | + | 13 first and second class counties. |
---|
| 1070 | + | 14 (a) The fees of the recorder in counties of the first and |
---|
| 1071 | + | 15 second class for recording deeds or other instruments in |
---|
| 1072 | + | 16 writing and maps of plats of additions, subdivisions, or |
---|
| 1073 | + | 17 otherwise and for certifying copies of records shall be paid |
---|
| 1074 | + | 18 in advance and shall conform to this Section. The fees or |
---|
| 1075 | + | 19 surcharges shall not, unless otherwise provided in this |
---|
| 1076 | + | 20 Section, be based on the individual attributes of a document |
---|
| 1077 | + | 21 to be recorded, including, but not limited to, page count; |
---|
| 1078 | + | 22 number, length, or type of legal descriptions; number of tax |
---|
| 1079 | + | 23 identification or other parcel-identifying code numbers; |
---|
| 1080 | + | 24 number of common addresses; number of references contained as |
---|
| 1081 | + | 25 to other recorded documents or document numbers; or any other |
---|
| 1082 | + | |
---|
| 1083 | + | |
---|
| 1084 | + | |
---|
| 1085 | + | |
---|
| 1086 | + | |
---|
| 1087 | + | SB2227 Enrolled - 31 - LRB103 28861 AWJ 55246 b |
---|
| 1088 | + | |
---|
| 1089 | + | |
---|
| 1090 | + | SB2227 Enrolled- 32 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 32 - LRB103 28861 AWJ 55246 b |
---|
| 1091 | + | SB2227 Enrolled - 32 - LRB103 28861 AWJ 55246 b |
---|
| 1092 | + | 1 individual attribute of the document. The fees charged under |
---|
| 1093 | + | 2 this Section shall be inclusive of all county and State fees |
---|
| 1094 | + | 3 that the county may elect or is required to impose or adjust, |
---|
| 1095 | + | 4 including, but not limited to, GIS fees, automation fees, |
---|
| 1096 | + | 5 document storage fees, and the Rental Housing Support Program |
---|
| 1097 | + | 6 State and county surcharges. |
---|
| 1098 | + | 7 (b) A county of the first or second class shall adopt and |
---|
| 1099 | + | 8 implement, by ordinance or resolution, a predictable fee |
---|
| 1100 | + | 9 schedule as provided in subsection (c) that eliminates |
---|
| 1101 | + | 10 surcharges or fees based on the individual attributes of a |
---|
| 1102 | + | 11 document to be recorded. If a county has previously adopted an |
---|
| 1103 | + | 12 ordinance or resolution adopting a predictable fee schedule, |
---|
| 1104 | + | 13 the county must adopt an ordinance or resolution revising that |
---|
| 1105 | + | 14 predictable fee schedule to be consistent with this Section. |
---|
| 1106 | + | 15 After a document class predictable fee is approved by a county |
---|
| 1107 | + | 16 board consistent with this Section, the county board may, by |
---|
| 1108 | + | 17 ordinance or resolution, increase the document class |
---|
| 1109 | + | 18 predictable fee and collect the increased fees if the |
---|
| 1110 | + | 19 established fees are not sufficient to cover the costs of |
---|
| 1111 | + | 20 providing the services related to the document class for which |
---|
| 1112 | + | 21 the fee is to be increased. |
---|
| 1113 | + | 22 For the purposes of the fee charged, the ordinance or |
---|
| 1114 | + | 23 resolution shall divide documents into the classifications |
---|
| 1115 | + | 24 specified in subsection (c), and shall establish a single, |
---|
| 1116 | + | 25 all-inclusive county and State-imposed aggregate predictable |
---|
| 1117 | + | 26 fee charged for each classification of document at the time of |
---|
| 1118 | + | |
---|
| 1119 | + | |
---|
| 1120 | + | |
---|
| 1121 | + | |
---|
| 1122 | + | |
---|
| 1123 | + | SB2227 Enrolled - 32 - LRB103 28861 AWJ 55246 b |
---|
| 1124 | + | |
---|
| 1125 | + | |
---|
| 1126 | + | SB2227 Enrolled- 33 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 33 - LRB103 28861 AWJ 55246 b |
---|
| 1127 | + | SB2227 Enrolled - 33 - LRB103 28861 AWJ 55246 b |
---|
| 1128 | + | 1 recording for that document. Each document, unless otherwise |
---|
| 1129 | + | 2 provided in this Section, shall fall within one of the |
---|
| 1130 | + | 3 document class predictable fee classifications set by |
---|
| 1131 | + | 4 subsection (c), and fees for each document class shall be |
---|
| 1132 | + | 5 charged only as allowed by this Section. |
---|
| 1133 | + | 6 Before approval of an ordinance or resolution under this |
---|
| 1134 | + | 7 subsection that creates or modifies a predictable fee |
---|
| 1135 | + | 8 schedule, the recorder or county clerk shall post a notice in |
---|
| 1136 | + | 9 the recorder's or clerk's office at least 2 weeks prior, but |
---|
| 1137 | + | 10 not more than 4 weeks prior, to the public meeting at which the |
---|
| 1138 | + | 11 ordinance or resolution may be adopted. The notice shall |
---|
| 1139 | + | 12 contain the proposed ordinance or resolution number, if any, |
---|
| 1140 | + | 13 the proposed document class predictable fees for each |
---|
| 1141 | + | 14 classification, and a reference to this Section and this |
---|
| 1142 | + | 15 amendatory Act of the 103rd General Assembly. A predictable |
---|
| 1143 | + | 16 fee schedule takes effect 60 days after an ordinance or |
---|
| 1144 | + | 17 resolution is adopted, unless the fee schedule was previously |
---|
| 1145 | + | 18 created and the ordinance or resolution is a modification |
---|
| 1146 | + | 19 allowed under this Section. |
---|
| 1147 | + | 20 Nothing in this Section precludes a county board from |
---|
| 1148 | + | 21 adjusting amounts or allocations within a given document class |
---|
| 1149 | + | 22 predictable fee when the document class predictable fee is not |
---|
| 1150 | + | 23 increased or precludes an alternate predictable fee schedule |
---|
| 1151 | + | 24 for electronic recording within each of the classifications |
---|
| 1152 | + | 25 under subsection (c). |
---|
| 1153 | + | 26 If the Rental Housing Support Program State surcharge is |
---|
| 1154 | + | |
---|
| 1155 | + | |
---|
| 1156 | + | |
---|
| 1157 | + | |
---|
| 1158 | + | |
---|
| 1159 | + | SB2227 Enrolled - 33 - LRB103 28861 AWJ 55246 b |
---|
| 1160 | + | |
---|
| 1161 | + | |
---|
| 1162 | + | SB2227 Enrolled- 34 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 34 - LRB103 28861 AWJ 55246 b |
---|
| 1163 | + | SB2227 Enrolled - 34 - LRB103 28861 AWJ 55246 b |
---|
| 1164 | + | 1 amended and the surcharge is increased or lowered, the |
---|
| 1165 | + | 2 aggregate amount of the document predictable fee attributable |
---|
| 1166 | + | 3 to the surcharge in the document may be changed accordingly. |
---|
| 1167 | + | 4 If any fee or surcharge is changed by State statute, the county |
---|
| 1168 | + | 5 may increase the document class fees by the same amount |
---|
| 1169 | + | 6 without any cost study. |
---|
| 1170 | + | 7 (c) A predictable fee schedule ordinance or resolution |
---|
| 1171 | + | 8 adopted under this Section shall list document fees, including |
---|
| 1172 | + | 9 document class predictable fees. The document classes shall be |
---|
| 1173 | + | 10 as follows: |
---|
| 1174 | + | 11 (1) Deeds. The aggregate fee for recording deeds shall |
---|
| 1175 | + | 12 not be less than $31 (being a minimum $13 county fee plus |
---|
| 1176 | + | 13 $18 for the Rental Housing Support Program State |
---|
| 1177 | + | 14 surcharge). Inclusion of language in the deed as to any |
---|
| 1178 | + | 15 restriction; covenant; lien; oil, gas, or other mineral |
---|
| 1179 | + | 16 interest; easement; lease; or a mortgage shall not alter |
---|
| 1180 | + | 17 the classification of a document as a deed. |
---|
| 1181 | + | 18 (2) Leases, lease amendments, and similar transfer of |
---|
| 1182 | + | 19 interest documents. The aggregate fee for recording |
---|
| 1183 | + | 20 leases, lease amendments, and similar transfers of |
---|
| 1184 | + | 21 interest documents shall not be less than $31 (being a |
---|
| 1185 | + | 22 minimum $13 county fee plus $18 for the Rental Housing |
---|
| 1186 | + | 23 Support Program State surcharge). |
---|
| 1187 | + | 24 (3) Mortgages. The aggregate fee for recording |
---|
| 1188 | + | 25 mortgages, including assignments, extensions, amendments, |
---|
| 1189 | + | 26 subordinations, and mortgage releases shall not be less |
---|
| 1190 | + | |
---|
| 1191 | + | |
---|
| 1192 | + | |
---|
| 1193 | + | |
---|
| 1194 | + | |
---|
| 1195 | + | SB2227 Enrolled - 34 - LRB103 28861 AWJ 55246 b |
---|
| 1196 | + | |
---|
| 1197 | + | |
---|
| 1198 | + | SB2227 Enrolled- 35 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 35 - LRB103 28861 AWJ 55246 b |
---|
| 1199 | + | SB2227 Enrolled - 35 - LRB103 28861 AWJ 55246 b |
---|
| 1200 | + | 1 than $31 (being a minimum $13 county fee plus $18 for the |
---|
| 1201 | + | 2 Rental Housing Support Program State surcharge). |
---|
| 1202 | + | 3 (4) Easements not otherwise part of another |
---|
| 1203 | + | 4 classification. The aggregate fee for recording easements |
---|
| 1204 | + | 5 not otherwise part of another classification, including |
---|
| 1205 | + | 6 assignments, extensions, amendments, and easement releases |
---|
| 1206 | + | 7 not filed by a State agency, unit of local government, or |
---|
| 1207 | + | 8 school district, shall not be less than $31 (being a |
---|
| 1208 | + | 9 minimum $13 county fee plus $18 for the Rental Housing |
---|
| 1209 | + | 10 Support Program State surcharge). |
---|
| 1210 | + | 11 (5) Irregular documents. Any document presented that |
---|
| 1211 | + | 12 does not conform to the following standards, even if it |
---|
| 1212 | + | 13 may qualify for another document class, may be recorded |
---|
| 1213 | + | 14 under this document class (5) if the irregularity allows a |
---|
| 1214 | + | 15 legible reproduction of the document presented: |
---|
| 1215 | + | 16 (A) The document shall consist of one or more |
---|
| 1216 | + | 17 individual sheets measuring 8.5 inches by 11 inches, |
---|
| 1217 | + | 18 not permanently bound, and not a continuous form. |
---|
| 1218 | + | 19 Graphic displays accompanying a document to be |
---|
| 1219 | + | 20 recorded that measure up to 11 inches by 17 inches |
---|
| 1220 | + | 21 shall be recorded without charging an additional fee. |
---|
| 1221 | + | 22 (B) The document shall be legibly printed in black |
---|
| 1222 | + | 23 ink by hand, type, or computer. Signatures and dates |
---|
| 1223 | + | 24 may be in contrasting colors if they will reproduce |
---|
| 1224 | + | 25 clearly. |
---|
| 1225 | + | 26 (C) The document shall be on white paper of not |
---|
| 1226 | + | |
---|
| 1227 | + | |
---|
| 1228 | + | |
---|
| 1229 | + | |
---|
| 1230 | + | |
---|
| 1231 | + | SB2227 Enrolled - 35 - LRB103 28861 AWJ 55246 b |
---|
| 1232 | + | |
---|
| 1233 | + | |
---|
| 1234 | + | SB2227 Enrolled- 36 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 36 - LRB103 28861 AWJ 55246 b |
---|
| 1235 | + | SB2227 Enrolled - 36 - LRB103 28861 AWJ 55246 b |
---|
| 1236 | + | 1 less than 20-pound weight and shall have a clean |
---|
| 1237 | + | 2 margin of at least one-half inch on the top, the |
---|
| 1238 | + | 3 bottom, and each side. Margins may be used only for |
---|
| 1239 | + | 4 non-essential notations that will not affect the |
---|
| 1240 | + | 5 validity of the document, including, but not limited |
---|
| 1241 | + | 6 to, form numbers, page numbers, and customer |
---|
| 1242 | + | 7 notations. |
---|
| 1243 | + | 8 (D) The first page of the document shall contain a |
---|
| 1244 | + | 9 blank space, measuring at least 3 inches by 5 inches, |
---|
| 1245 | + | 10 from the upper right corner. |
---|
| 1246 | + | 11 (E) The document shall not have any attachment |
---|
| 1247 | + | 12 stapled or otherwise affixed to any page. |
---|
| 1248 | + | 13 The aggregate fee for recording an irregular document |
---|
| 1249 | + | 14 shall not be less than $31 (being a minimum $13 county fee |
---|
| 1250 | + | 15 plus $18 for the Rental Housing Support Program State |
---|
| 1251 | + | 16 surcharge). |
---|
| 1252 | + | 17 (6) Blanket recordings. For any document that makes |
---|
| 1253 | + | 18 specific reference to more than 5 tax parcels or property |
---|
| 1254 | + | 19 identification numbers, or makes reference to 5 or more |
---|
| 1255 | + | 20 document numbers, the aggregate fee shall be not less than |
---|
| 1256 | + | 21 $31 (being a minimum $13 county fee plus $18 for the Rental |
---|
| 1257 | + | 22 Housing Support Program State surcharge). A county may |
---|
| 1258 | + | 23 adopt by ordinance and publish with its fee schedule an |
---|
| 1259 | + | 24 additional fee or formula for each parcel, property |
---|
| 1260 | + | 25 identification number, or document reference, above 5, |
---|
| 1261 | + | 26 contained in an accepted document. |
---|
| 1262 | + | |
---|
| 1263 | + | |
---|
| 1264 | + | |
---|
| 1265 | + | |
---|
| 1266 | + | |
---|
| 1267 | + | SB2227 Enrolled - 36 - LRB103 28861 AWJ 55246 b |
---|
| 1268 | + | |
---|
| 1269 | + | |
---|
| 1270 | + | SB2227 Enrolled- 37 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 37 - LRB103 28861 AWJ 55246 b |
---|
| 1271 | + | SB2227 Enrolled - 37 - LRB103 28861 AWJ 55246 b |
---|
| 1272 | + | 1 (7) Miscellaneous. The aggregate fee for recording |
---|
| 1273 | + | 2 documents not otherwise falling within classifications |
---|
| 1274 | + | 3 under paragraphs (1) through (6) and are not otherwise |
---|
| 1275 | + | 4 exempted documents shall not be less than $31 (being a |
---|
| 1276 | + | 5 minimum $13 county fee plus $18 for the Rental Housing |
---|
| 1277 | + | 6 Support Program State surcharge). |
---|
| 1278 | + | 7 (d) For recording maps or plats of additions, |
---|
| 1279 | + | 8 subdivisions, or otherwise (including the spreading of the |
---|
| 1280 | + | 9 same of record in well bound books), $100 plus $2 for each |
---|
| 1281 | + | 10 tract, parcel, or lot contained in the map or plat. |
---|
| 1282 | + | 11 (e) Documents presented that meet the following criteria |
---|
| 1283 | + | 12 shall be charged as otherwise provided by law or ordinance: |
---|
| 1284 | + | 13 (1) a document recorded pursuant to the Uniform |
---|
| 1285 | + | 14 Commercial Code; or |
---|
| 1286 | + | 15 (2) a State lien or a federal lien. |
---|
| 1287 | + | 16 Notwithstanding any other provision in this Section: (i) |
---|
| 1288 | + | 17 the maximum fee that may be collected from the Department of |
---|
| 1289 | + | 18 Revenue for filing or indexing a lien, certificate of lien |
---|
| 1290 | + | 19 release or subordination, or any other type of notice or other |
---|
| 1291 | + | 20 documentation affecting or concerning a lien is $5; and (ii) |
---|
| 1292 | + | 21 the maximum fee that may be collected from the Department of |
---|
| 1293 | + | 22 Revenue for indexing each additional name in excess of one for |
---|
| 1294 | + | 23 any lien, certificate of lien release or subordination, or any |
---|
| 1295 | + | 24 other type of notice or other documentation affecting or |
---|
| 1296 | + | 25 concerning a lien is $1. |
---|
| 1297 | + | 26 (f) For recording any document that affects an interest in |
---|
| 1298 | + | |
---|
| 1299 | + | |
---|
| 1300 | + | |
---|
| 1301 | + | |
---|
| 1302 | + | |
---|
| 1303 | + | SB2227 Enrolled - 37 - LRB103 28861 AWJ 55246 b |
---|
| 1304 | + | |
---|
| 1305 | + | |
---|
| 1306 | + | SB2227 Enrolled- 38 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 38 - LRB103 28861 AWJ 55246 b |
---|
| 1307 | + | SB2227 Enrolled - 38 - LRB103 28861 AWJ 55246 b |
---|
| 1308 | + | 1 real property, other than documents which solely affect or |
---|
| 1309 | + | 2 relate to an easement for water, sewer, electricity, gas, |
---|
| 1310 | + | 3 telephone, or other public service, the recorder shall charge |
---|
| 1311 | + | 4 a minimum fee of $1 per document to all filers of documents not |
---|
| 1312 | + | 5 filed by any State agency, any unit of local government, or any |
---|
| 1313 | + | 6 school district. Half of the fee shall be deposited into the |
---|
| 1314 | + | 7 county general revenue fund. The remaining half shall be |
---|
| 1315 | + | 8 deposited into the County Recorder Document Storage System |
---|
| 1316 | + | 9 Fund and may not be appropriated or expended for any other |
---|
| 1317 | + | 10 purpose. The additional amounts available to the recorder for |
---|
| 1318 | + | 11 expenditure from the County Recorder Document Storage System |
---|
| 1319 | + | 12 Fund shall not offset or reduce any other county |
---|
| 1320 | + | 13 appropriations or funding for the office of the recorder. |
---|
| 1321 | + | 14 (g) For certified and non-certified copies of records, the |
---|
| 1322 | + | 15 recorder and county may set a predictable fee for all copies |
---|
| 1323 | + | 16 that does not exceed the highest total recording fee in any |
---|
| 1324 | + | 17 established document classes, unless the copy fee is otherwise |
---|
| 1325 | + | 18 provided in statute or ordinance. The total fee for a |
---|
| 1326 | + | 19 certified copy of a map or plat of an addition, subdivision, or |
---|
| 1327 | + | 20 otherwise may not exceed $200. |
---|
| 1328 | + | 21 The fees allowed under this subsection apply to all |
---|
| 1329 | + | 22 records, regardless of when they were recorded, based on |
---|
| 1330 | + | 23 current recording fees. These predictable fees for certified |
---|
| 1331 | + | 24 and non-certified copies shall apply to portions of documents |
---|
| 1332 | + | 25 and to copies provided in any format, including paper, |
---|
| 1333 | + | 26 microfilm, or electronic. A county may adopt a per-line |
---|
| 1334 | + | |
---|
| 1335 | + | |
---|
| 1336 | + | |
---|
| 1337 | + | |
---|
| 1338 | + | |
---|
| 1339 | + | SB2227 Enrolled - 38 - LRB103 28861 AWJ 55246 b |
---|
| 1340 | + | |
---|
| 1341 | + | |
---|
| 1342 | + | SB2227 Enrolled- 39 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 39 - LRB103 28861 AWJ 55246 b |
---|
| 1343 | + | SB2227 Enrolled - 39 - LRB103 28861 AWJ 55246 b |
---|
| 1344 | + | 1 pricing structure for copies of information in database |
---|
| 1345 | + | 2 format. |
---|
| 1346 | + | 3 (h) As provided under subsection (c), the recorder shall |
---|
| 1347 | + | 4 collect an $18 Rental Housing Support Program State surcharge |
---|
| 1348 | + | 5 for the recordation of any real estate-related document. |
---|
| 1349 | + | 6 Payment of the Rental Housing Support Program State surcharge |
---|
| 1350 | + | 7 shall be evidenced by a receipt that shall be marked upon or |
---|
| 1351 | + | 8 otherwise affixed to the real estate-related document by the |
---|
| 1352 | + | 9 recorder. The form of this receipt shall be prescribed by the |
---|
| 1353 | + | 10 Department of Revenue and the receipts shall be issued by the |
---|
| 1354 | + | 11 Department of Revenue to each county recorder. |
---|
| 1355 | + | 12 The recorder shall not collect the Rental Housing Support |
---|
| 1356 | + | 13 Program State surcharge from any State agency, unit of local |
---|
| 1357 | + | 14 government, or school district. |
---|
| 1358 | + | 15 On the 15th day of each month, each county recorder shall |
---|
| 1359 | + | 16 report to the Department of Revenue, on a form prescribed by |
---|
| 1360 | + | 17 the Department, the number of real estate-related documents |
---|
| 1361 | + | 18 recorded for which the Rental Housing Support Program State |
---|
| 1362 | + | 19 surcharge was collected. Each recorder shall submit $18 of |
---|
| 1363 | + | 20 each surcharge collected in the preceding month to the |
---|
| 1364 | + | 21 Department of Revenue and the Department shall deposit these |
---|
| 1365 | + | 22 amounts in the Rental Housing Support Program Fund. Subject to |
---|
| 1366 | + | 23 appropriation, amounts in the Fund may be expended only for |
---|
| 1367 | + | 24 the purpose of funding and administering the Rental Housing |
---|
| 1368 | + | 25 Support Program. |
---|
| 1369 | + | 26 As used in this subsection, "real estate-related document" |
---|
| 1370 | + | |
---|
| 1371 | + | |
---|
| 1372 | + | |
---|
| 1373 | + | |
---|
| 1374 | + | |
---|
| 1375 | + | SB2227 Enrolled - 39 - LRB103 28861 AWJ 55246 b |
---|
| 1376 | + | |
---|
| 1377 | + | |
---|
| 1378 | + | SB2227 Enrolled- 40 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 40 - LRB103 28861 AWJ 55246 b |
---|
| 1379 | + | SB2227 Enrolled - 40 - LRB103 28861 AWJ 55246 b |
---|
| 1380 | + | 1 means that term as it is defined in Section 7 of the Rental |
---|
| 1381 | + | 2 Housing Support Program Act. |
---|
| 1382 | + | 3 (55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019) |
---|
| 1383 | + | 4 Sec. 3-5019. Monthly list of conveyances. Immediately |
---|
| 1384 | + | 5 following each calendar month, the recorder, in counties with |
---|
| 1385 | + | 6 less than 1,000,000 inhabitants shall, upon their request, |
---|
| 1386 | + | 7 transmit copies of all documents, plats and deeds conveying |
---|
| 1387 | + | 8 real property to the county clerk, the county treasurer, the |
---|
| 1388 | + | 9 tax map department, the supervisor of assessments and the |
---|
| 1389 | + | 10 township assessor for which the office he shall be paid by the |
---|
| 1390 | + | 11 county the usual and customary fee charged by the recorder for |
---|
| 1391 | + | 12 furnishing such documents. |
---|
| 1392 | + | 13 (Source: P.A. 86-962.) |
---|
| 1393 | + | 14 (55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020) |
---|
| 1394 | + | 15 Sec. 3-5020. Information to accompany conveyance |
---|
| 1395 | + | 16 documents. |
---|
| 1396 | + | 17 (a) In counties of the first and second class no recorder |
---|
| 1397 | + | 18 shall record any conveyance of real estate unless the |
---|
| 1398 | + | 19 conveyance contains the name and address of the grantee for |
---|
| 1399 | + | 20 tax billing purposes. |
---|
| 1400 | + | 21 (b) In counties with 3,000,000 or more inhabitants, the |
---|
| 1401 | + | 22 county recorder shall not accept for filing any deed or |
---|
| 1402 | + | 23 assignment of beneficial interest in a land trust in a |
---|
| 1403 | + | 24 transaction which is exempt from filing a real estate transfer |
---|
| 1404 | + | |
---|
| 1405 | + | |
---|
| 1406 | + | |
---|
| 1407 | + | |
---|
| 1408 | + | |
---|
| 1409 | + | SB2227 Enrolled - 40 - LRB103 28861 AWJ 55246 b |
---|
| 1410 | + | |
---|
| 1411 | + | |
---|
| 1412 | + | SB2227 Enrolled- 41 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 41 - LRB103 28861 AWJ 55246 b |
---|
| 1413 | + | SB2227 Enrolled - 41 - LRB103 28861 AWJ 55246 b |
---|
| 1414 | + | 1 declaration under the provisions of Section 4 of the Real |
---|
| 1415 | + | 2 Estate Transfer Tax Act, unless the deed or assignment of a |
---|
| 1416 | + | 3 beneficial interest is accompanied by, |
---|
| 1417 | + | 4 (1) a sworn or affirmed statement executed by the |
---|
| 1418 | + | 5 grantor or the grantor's his agent stating that, to the |
---|
| 1419 | + | 6 best of the grantor's or the grantor's agent's his |
---|
| 1420 | + | 7 knowledge, the name of the grantee shown on the deed or |
---|
| 1421 | + | 8 assignment of beneficial interest in a land trust is |
---|
| 1422 | + | 9 either a natural person, an Illinois Corporation or |
---|
| 1423 | + | 10 foreign corporation authorized to do business or acquire |
---|
| 1424 | + | 11 and hold title to real estate in Illinois, a partnership |
---|
| 1425 | + | 12 authorized to do business or acquire and hold title to |
---|
| 1426 | + | 13 real estate in Illinois, or other entity recognized as a |
---|
| 1427 | + | 14 person and authorized to do business or acquire and hold |
---|
| 1428 | + | 15 title to real estate under the laws of the State of |
---|
| 1429 | + | 16 Illinois, and |
---|
| 1430 | + | 17 (2) a sworn or affirmed statement executed by the |
---|
| 1431 | + | 18 grantee or the grantee's his agent verifying that the name |
---|
| 1432 | + | 19 of the grantee shown on the deed or assignment of |
---|
| 1433 | + | 20 beneficial interest in a land trust is either a natural |
---|
| 1434 | + | 21 person, an Illinois corporation or foreign corporation |
---|
| 1435 | + | 22 authorized to do business or acquire and hold title to |
---|
| 1436 | + | 23 real estate in Illinois, a partnership authorized to do |
---|
| 1437 | + | 24 business or acquire and hold title to real estate in |
---|
| 1438 | + | 25 Illinois, or other entity recognized as a person and |
---|
| 1439 | + | 26 authorized to do business or acquire and hold title to |
---|
| 1440 | + | |
---|
| 1441 | + | |
---|
| 1442 | + | |
---|
| 1443 | + | |
---|
| 1444 | + | |
---|
| 1445 | + | SB2227 Enrolled - 41 - LRB103 28861 AWJ 55246 b |
---|
| 1446 | + | |
---|
| 1447 | + | |
---|
| 1448 | + | SB2227 Enrolled- 42 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 42 - LRB103 28861 AWJ 55246 b |
---|
| 1449 | + | SB2227 Enrolled - 42 - LRB103 28861 AWJ 55246 b |
---|
| 1450 | + | 1 real estate under the laws of the State of Illinois. Any |
---|
| 1451 | + | 2 person who knowingly submits a false statement required |
---|
| 1452 | + | 3 under this Section concerning the identity of a grantee is |
---|
| 1453 | + | 4 guilty of a Class C misdemeanor. A second or subsequent |
---|
| 1454 | + | 5 conviction of such offense is a Class A misdemeanor. |
---|
| 1455 | + | 6 (c) In the event that the document of conveyance is a |
---|
| 1456 | + | 7 trustee's deed issued under resignation by a land trustee, the |
---|
| 1457 | + | 8 statements pursuant to paragraphs (1) and (2) of subsection |
---|
| 1458 | + | 9 (b) shall not be required, but the trustee's deed shall |
---|
| 1459 | + | 10 instead be accompanied by a sworn or affirmed statement |
---|
| 1460 | + | 11 executed by the grantor land trustee stating that the |
---|
| 1461 | + | 12 trustee's deed has been issued pursuant to resignation by the |
---|
| 1462 | + | 13 trustee, and that the name of the grantee shown on the |
---|
| 1463 | + | 14 trustee's deed is the name of the beneficiary of the trust as |
---|
| 1464 | + | 15 the trustee's his name appears in the trust files as of the |
---|
| 1465 | + | 16 date of resignation. |
---|
| 1466 | + | 17 (Source: P.A. 86-962; 87-543; 87-1236.) |
---|
| 1467 | + | 18 (55 ILCS 5/3-5020.5) |
---|
| 1468 | + | 19 Sec. 3-5020.5. Information concerning recorded or filed |
---|
| 1469 | + | 20 instruments. Each instrument recorded or filed with the |
---|
| 1470 | + | 21 county recorder must contain the following: |
---|
| 1471 | + | 22 (1) The name and address of the person to whom the |
---|
| 1472 | + | 23 instrument is to be returned. |
---|
| 1473 | + | 24 (2) The recorder's document number of any instrument (i) |
---|
| 1474 | + | 25 referred to in the instrument being recorded or filed or (ii) |
---|
| 1475 | + | |
---|
| 1476 | + | |
---|
| 1477 | + | |
---|
| 1478 | + | |
---|
| 1479 | + | |
---|
| 1480 | + | SB2227 Enrolled - 42 - LRB103 28861 AWJ 55246 b |
---|
| 1481 | + | |
---|
| 1482 | + | |
---|
| 1483 | + | SB2227 Enrolled- 43 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 43 - LRB103 28861 AWJ 55246 b |
---|
| 1484 | + | SB2227 Enrolled - 43 - LRB103 28861 AWJ 55246 b |
---|
| 1485 | + | 1 relating to the instrument being recorded or filed, such as, |
---|
| 1486 | + | 2 without limitation, the recorder's document number of a |
---|
| 1487 | + | 3 mortgage when the instrument being recorded or filed is a |
---|
| 1488 | + | 4 release of that mortgage. |
---|
| 1489 | + | 5 (3) The book and page number, if applicable, or document |
---|
| 1490 | + | 6 number of any instrument (i) referred to in the instrument |
---|
| 1491 | + | 7 being recorded or filed or (ii) relating to the instrument |
---|
| 1492 | + | 8 being recorded or filed. |
---|
| 1493 | + | 9 (Source: P.A. 88-691, eff. 1-24-95.) |
---|
| 1494 | + | 10 (55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021) |
---|
| 1495 | + | 11 Sec. 3-5021. Recording or registering instruments |
---|
| 1496 | + | 12 transferring title to real estate or a beneficial interest in |
---|
| 1497 | + | 13 real estate subject to a land trust. If any home rule |
---|
| 1498 | + | 14 municipality has levied a real estate transfer tax and a |
---|
| 1499 | + | 15 certified copy of the ordinance or resolution levying the tax, |
---|
| 1500 | + | 16 specifying the rates and the design and denomination of stamps |
---|
| 1501 | + | 17 evidencing payment thereof, has been on file with the county |
---|
| 1502 | + | 18 recorder for at least 30 days, the recorder of that county may |
---|
| 1503 | + | 19 not accept for recording or for registration under "An Act |
---|
| 1504 | + | 20 concerning land titles", approved May 1, 1897, as amended, any |
---|
| 1505 | + | 21 instrument transferring title to real estate in that |
---|
| 1506 | + | 22 municipality, or the beneficial interest in real estate in |
---|
| 1507 | + | 23 that municipality which is the subject of a land trust, for |
---|
| 1508 | + | 24 which revenue stamps are required to be purchased under the |
---|
| 1509 | + | 25 "Real Estate Transfer Tax Act", approved July 17, 1967, as |
---|
| 1510 | + | |
---|
| 1511 | + | |
---|
| 1512 | + | |
---|
| 1513 | + | |
---|
| 1514 | + | |
---|
| 1515 | + | SB2227 Enrolled - 43 - LRB103 28861 AWJ 55246 b |
---|
| 1516 | + | |
---|
| 1517 | + | |
---|
| 1518 | + | SB2227 Enrolled- 44 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 44 - LRB103 28861 AWJ 55246 b |
---|
| 1519 | + | SB2227 Enrolled - 44 - LRB103 28861 AWJ 55246 b |
---|
| 1520 | + | 1 amended, without proof of payment of the municipal real estate |
---|
| 1521 | + | 2 transfer tax. |
---|
| 1522 | + | 3 (Source: P.A. 86-962.) |
---|
| 1523 | + | 4 (55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024) |
---|
| 1524 | + | 5 Sec. 3-5024. Certificate of time of filing. When any |
---|
| 1525 | + | 6 instrument in writing is recorded in the recorder's office, |
---|
| 1526 | + | 7 the recorder shall indorse upon such instrument a certificate |
---|
| 1527 | + | 8 of the time (including the hour of the day) when the same was |
---|
| 1528 | + | 9 received for recordation (which shall be considered the time |
---|
| 1529 | + | 10 of recording the same), and the book and page or document |
---|
| 1530 | + | 11 number by and in which the same is recorded. The recorder shall |
---|
| 1531 | + | 12 sign the certificate or shall affix the recorder's his |
---|
| 1532 | + | 13 facsimile signature thereto. A physical or electronic image of |
---|
| 1533 | + | 14 the recorder's stamp satisfies the signature requirement for |
---|
| 1534 | + | 15 recorded instruments prior to, on, and after the effective |
---|
| 1535 | + | 16 date of this amendatory Act of the 102nd General Assembly. |
---|
| 1536 | + | 17 The certificate, when signed by the recorder, or to which |
---|
| 1537 | + | 18 the recorder he has affixed the recorder's his facsimile |
---|
| 1538 | + | 19 signature or a physical or electronic image of the recorder's |
---|
| 1539 | + | 20 stamp, shall be evidence of the facts therein stated. |
---|
| 1540 | + | 21 (Source: P.A. 102-838, eff. 5-13-22.) |
---|
| 1541 | + | 22 (55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025) |
---|
| 1542 | + | 23 Sec. 3-5025. Books. Every recorder shall keep the |
---|
| 1543 | + | 24 following books or computer databases: |
---|
| 1544 | + | |
---|
| 1545 | + | |
---|
| 1546 | + | |
---|
| 1547 | + | |
---|
| 1548 | + | |
---|
| 1549 | + | SB2227 Enrolled - 44 - LRB103 28861 AWJ 55246 b |
---|
| 1550 | + | |
---|
| 1551 | + | |
---|
| 1552 | + | SB2227 Enrolled- 45 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 45 - LRB103 28861 AWJ 55246 b |
---|
| 1553 | + | SB2227 Enrolled - 45 - LRB103 28861 AWJ 55246 b |
---|
| 1554 | + | 1 1. An entry book, in which the recorder he or she |
---|
| 1555 | + | 2 shall, immediately on the receipt of any instrument to be |
---|
| 1556 | + | 3 recorded or filed, enter, in the order of its reception, |
---|
| 1557 | + | 4 the names of the parties thereto, its date, the day of the |
---|
| 1558 | + | 5 month, hour and year of receiving the same, and a brief |
---|
| 1559 | + | 6 description of the premises, indorsing upon each |
---|
| 1560 | + | 7 instrument a number corresponding with the number of such |
---|
| 1561 | + | 8 entry. |
---|
| 1562 | + | 9 2. A grantor's index, in which shall be entered the |
---|
| 1563 | + | 10 name of each grantor, in alphabetical order, the name of |
---|
| 1564 | + | 11 the grantee, date of the instrument, time of receipt, kind |
---|
| 1565 | + | 12 of instrument, consideration, the book and page in which |
---|
| 1566 | + | 13 it is recorded, or the number under which it is filed, and |
---|
| 1567 | + | 14 a brief description of the premises. |
---|
| 1568 | + | 15 3. A grantee's index, in which shall be entered the |
---|
| 1569 | + | 16 name of each grantee, in alphabetical order, the name of |
---|
| 1570 | + | 17 the grantor, date of the instrument, time of receipt, kind |
---|
| 1571 | + | 18 of instrument, consideration, the book and page in which |
---|
| 1572 | + | 19 it is recorded, or the number under which it is filed, and |
---|
| 1573 | + | 20 a brief description of the premises. |
---|
| 1574 | + | 21 4. An index to each book or computer database of |
---|
| 1575 | + | 22 record, in which shall be entered, in alphabetical order, |
---|
| 1576 | + | 23 the name of each grantor and grantee, and the page number |
---|
| 1577 | + | 24 in which or reference number to which the instrument is |
---|
| 1578 | + | 25 recorded. |
---|
| 1579 | + | 26 5. When required by the county board, an abstract |
---|
| 1580 | + | |
---|
| 1581 | + | |
---|
| 1582 | + | |
---|
| 1583 | + | |
---|
| 1584 | + | |
---|
| 1585 | + | SB2227 Enrolled - 45 - LRB103 28861 AWJ 55246 b |
---|
| 1586 | + | |
---|
| 1587 | + | |
---|
| 1588 | + | SB2227 Enrolled- 46 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 46 - LRB103 28861 AWJ 55246 b |
---|
| 1589 | + | SB2227 Enrolled - 46 - LRB103 28861 AWJ 55246 b |
---|
| 1590 | + | 1 book, which shall show by tracts every conveyance or |
---|
| 1591 | + | 2 incumbrance recorded, the date of the instrument, time of |
---|
| 1592 | + | 3 filing the same, the book and page where the same is |
---|
| 1593 | + | 4 recorded; which book shall be so kept as to show a true |
---|
| 1594 | + | 5 chain of title to each tract and the incumbrances thereon, |
---|
| 1595 | + | 6 as shown by the records of the his office. |
---|
| 1596 | + | 7 6. An index to recorded maps, plats and subdivisions, |
---|
| 1597 | + | 8 such index to be made by description of land mapped, or |
---|
| 1598 | + | 9 subdivided by range, township, Section, quarter-section, |
---|
| 1599 | + | 10 etc. |
---|
| 1600 | + | 11 7. An index showing in alphabetical order the names of |
---|
| 1601 | + | 12 the parties against whom judgments have been rendered or |
---|
| 1602 | + | 13 made and transcripts or memoranda of such judgments have |
---|
| 1603 | + | 14 been recorded, and the parties named in notices recorded |
---|
| 1604 | + | 15 pursuant to Section 1 of "An Act concerning constructive |
---|
| 1605 | + | 16 notice of condemnation proceedings, proceedings to sell |
---|
| 1606 | + | 17 real property of decedents to pay debts, or other suits |
---|
| 1607 | + | 18 seeking equitable relief involving real property, and |
---|
| 1608 | + | 19 proceedings in bankruptcy" approved June 11, 1917, as |
---|
| 1609 | + | 20 amended. |
---|
| 1610 | + | 21 8. An index of all ordinances, petitions, assessment |
---|
| 1611 | + | 22 rolls, orders, judgments or other documents filed or |
---|
| 1612 | + | 23 recorded in respect of any drainage or special assessment |
---|
| 1613 | + | 24 matter sufficient to enable the public to identify all |
---|
| 1614 | + | 25 tracts involved therein and to locate all the documents |
---|
| 1615 | + | 26 which have been filed or recorded. The recorder may |
---|
| 1616 | + | |
---|
| 1617 | + | |
---|
| 1618 | + | |
---|
| 1619 | + | |
---|
| 1620 | + | |
---|
| 1621 | + | SB2227 Enrolled - 46 - LRB103 28861 AWJ 55246 b |
---|
| 1622 | + | |
---|
| 1623 | + | |
---|
| 1624 | + | SB2227 Enrolled- 47 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 47 - LRB103 28861 AWJ 55246 b |
---|
| 1625 | + | SB2227 Enrolled - 47 - LRB103 28861 AWJ 55246 b |
---|
| 1626 | + | 1 solicit the assistance of the State Records Commission in |
---|
| 1627 | + | 2 organizing and indexing these documents. |
---|
| 1628 | + | 3 Any recorder may install or contract for the use of a |
---|
| 1629 | + | 4 computerized system that will permit automated entry and |
---|
| 1630 | + | 5 indexing, alphabetically by document, of instruments filed in |
---|
| 1631 | + | 6 the his or her office and that will provide both quick search |
---|
| 1632 | + | 7 and retrieval of such entries and hard copy print output, |
---|
| 1633 | + | 8 whether on paper, optical disk media, or microfilm, of such |
---|
| 1634 | + | 9 entries as indexed. If such a computerized system has been in |
---|
| 1635 | + | 10 use in the his or her office for at least 6 months and the |
---|
| 1636 | + | 11 recorder determines that it provides accurate and reliable |
---|
| 1637 | + | 12 indices that may be stored as permanent records, more quickly |
---|
| 1638 | + | 13 and efficiently than the system previously used, the recorder |
---|
| 1639 | + | 14 may thereafter discontinue the use of the manual system and |
---|
| 1640 | + | 15 use only the computerized system for such indices. In that |
---|
| 1641 | + | 16 event, references in this Division to books, records or forms |
---|
| 1642 | + | 17 as relate to such indices are intended to encompass and refer |
---|
| 1643 | + | 18 to the computer system and all materials and forms directly |
---|
| 1644 | + | 19 related to that system and its proper use. |
---|
| 1645 | + | 20 This Section is subject to the Local Records Act. |
---|
| 1646 | + | 21 (Source: P.A. 88-661, eff. 9-16-94.) |
---|
| 1647 | + | 22 (55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029) |
---|
| 1648 | + | 23 Sec. 3-5029. Map, plat or subdivision of land; penalty. No |
---|
| 1649 | + | 24 person shall offer or present for recording or record any map, |
---|
| 1650 | + | 25 plat or subdivision of land situated in any incorporated city, |
---|
| 1651 | + | |
---|
| 1652 | + | |
---|
| 1653 | + | |
---|
| 1654 | + | |
---|
| 1655 | + | |
---|
| 1656 | + | SB2227 Enrolled - 47 - LRB103 28861 AWJ 55246 b |
---|
| 1657 | + | |
---|
| 1658 | + | |
---|
| 1659 | + | SB2227 Enrolled- 48 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 48 - LRB103 28861 AWJ 55246 b |
---|
| 1660 | + | SB2227 Enrolled - 48 - LRB103 28861 AWJ 55246 b |
---|
| 1661 | + | 1 town or village, nor within 1 1/2 miles of the corporate limits |
---|
| 1662 | + | 2 of any incorporated city, town or village which has adopted a |
---|
| 1663 | + | 3 city plan and is exercising the special powers authorized by |
---|
| 1664 | + | 4 Division 12 of Article 11 of the Illinois Municipal Code, as |
---|
| 1665 | + | 5 now or hereafter amended, and not included in any municipality |
---|
| 1666 | + | 6 unless the map, plat or subdivision is under the seal of a |
---|
| 1667 | + | 7 registered Illinois land surveyor and unless it is entitled to |
---|
| 1668 | + | 8 record as provided in Sections 11-15-1 and 11-12-3 of the |
---|
| 1669 | + | 9 Illinois Municipal Code, as now or hereafter amended. Any map, |
---|
| 1670 | + | 10 plat or subdivision of land presented for recording shall have |
---|
| 1671 | + | 11 attached thereto or endorsed thereon the Certificate of an |
---|
| 1672 | + | 12 Illinois Registered Land Surveyor that the land is or is not |
---|
| 1673 | + | 13 within any incorporated city, town or village, nor within 1 |
---|
| 1674 | + | 14 1/2 miles of the corporate limits of any incorporated city, |
---|
| 1675 | + | 15 town or village which has adopted a city plan and is exercising |
---|
| 1676 | + | 16 the special powers authorized by Division 12 of Article 11 of |
---|
| 1677 | + | 17 the Illinois Municipal Code, as now or hereafter amended, and |
---|
| 1678 | + | 18 not included in any municipality. No person shall offer or |
---|
| 1679 | + | 19 present for recording or record any subdivision plat of any |
---|
| 1680 | + | 20 lands bordering on or including any public waters of the State |
---|
| 1681 | + | 21 in which the State of Illinois has any property rights or |
---|
| 1682 | + | 22 property interests, unless such subdivision plat is under the |
---|
| 1683 | + | 23 seal of a registered Illinois Land Surveyor and is approved by |
---|
| 1684 | + | 24 the Department of Natural Resources, nor shall any person |
---|
| 1685 | + | 25 offer or present for recording or record any map, plat or |
---|
| 1686 | + | 26 subdivision of lands, without indicating whether any part of |
---|
| 1687 | + | |
---|
| 1688 | + | |
---|
| 1689 | + | |
---|
| 1690 | + | |
---|
| 1691 | + | |
---|
| 1692 | + | SB2227 Enrolled - 48 - LRB103 28861 AWJ 55246 b |
---|
| 1693 | + | |
---|
| 1694 | + | |
---|
| 1695 | + | SB2227 Enrolled- 49 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 49 - LRB103 28861 AWJ 55246 b |
---|
| 1696 | + | SB2227 Enrolled - 49 - LRB103 28861 AWJ 55246 b |
---|
| 1697 | + | 1 which as shown on the map, plat or subdivision is located |
---|
| 1698 | + | 2 within a special flood hazard area as identified by the |
---|
| 1699 | + | 3 Federal Emergency Management Agency nor shall any person offer |
---|
| 1700 | + | 4 or present for recording or record any map, plat or |
---|
| 1701 | + | 5 subdivision of land situated outside any incorporated city, |
---|
| 1702 | + | 6 town or village unless the map, plat or subdivision is under |
---|
| 1703 | + | 7 the seal of a registered Illinois land surveyor, and unless it |
---|
| 1704 | + | 8 is entitled to record as provided in Section 5-1045, however, |
---|
| 1705 | + | 9 the provisions of this Section shall not apply to any street or |
---|
| 1706 | + | 10 highway survey map or plat. Any person who records, or who |
---|
| 1707 | + | 11 offers or presents for recording, which offer or presentation |
---|
| 1708 | + | 12 results in a recording of, any map, plat or subdivision of land |
---|
| 1709 | + | 13 which the person he knows to be in violation of this Section |
---|
| 1710 | + | 14 shall pay to the county the sum of $1,000 $200, to be recovered |
---|
| 1711 | + | 15 in the circuit court, in the name of the state, for the use of |
---|
| 1712 | + | 16 the county, with costs of suit. |
---|
| 1713 | + | 17 (Source: P.A. 89-445, eff. 2-7-96.) |
---|
| 1714 | + | 18 (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031) |
---|
| 1715 | + | 19 Sec. 3-5031. Penalty. If any recorder shall willfully fail |
---|
| 1716 | + | 20 to perform any duty imposed upon the recorder him by this |
---|
| 1717 | + | 21 Division, the recorder he shall be guilty of malfeasance in |
---|
| 1718 | + | 22 office, and shall be punished accordingly, and shall be liable |
---|
| 1719 | + | 23 to the party injured for all damages occasioned thereby. |
---|
| 1720 | + | 24 (Source: P.A. 95-877, eff. 1-1-09.) |
---|
| 1721 | + | |
---|
| 1722 | + | |
---|
| 1723 | + | |
---|
| 1724 | + | |
---|
| 1725 | + | |
---|
| 1726 | + | SB2227 Enrolled - 49 - LRB103 28861 AWJ 55246 b |
---|
| 1727 | + | |
---|
| 1728 | + | |
---|
| 1729 | + | SB2227 Enrolled- 50 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 50 - LRB103 28861 AWJ 55246 b |
---|
| 1730 | + | SB2227 Enrolled - 50 - LRB103 28861 AWJ 55246 b |
---|
| 1731 | + | 1 (55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033) |
---|
| 1732 | + | 2 Sec. 3-5033. County to furnish books, equipment and |
---|
| 1733 | + | 3 supplies. The county board of each county shall from time to |
---|
| 1734 | + | 4 time, as may be necessary, provide the recorder of such county |
---|
| 1735 | + | 5 with well-bound and properly ruled books, and where |
---|
| 1736 | + | 6 photostating, optical disk storage, or microfilming is used, |
---|
| 1737 | + | 7 the recorder shall likewise be furnished all such equipment |
---|
| 1738 | + | 8 (such as computers, printers, and scanners) and supplies |
---|
| 1739 | + | 9 necessary to the execution of the duties of the his office. |
---|
| 1740 | + | 10 They may procure books of printed forms to be filled up in the |
---|
| 1741 | + | 11 recording of any instrument, when the same may be done without |
---|
| 1742 | + | 12 interlineation or erasure, and shall in all cases, when |
---|
| 1743 | + | 13 practicable, procure the necessary index and abstract books |
---|
| 1744 | + | 14 with printed headings. The cost of such books, equipment and |
---|
| 1745 | + | 15 supplies shall be chargeable against the surplus fees of the |
---|
| 1746 | + | 16 office, or paid by the county. |
---|
| 1747 | + | 17 (Source: P.A. 88-661, eff. 9-16-94.) |
---|
| 1748 | + | 18 (55 ILCS 5/3-5036.5) |
---|
| 1749 | + | 19 Sec. 3-5036.5. Exchange of information for child support |
---|
| 1750 | + | 20 enforcement. |
---|
| 1751 | + | 21 (a) The recorder Recorder shall exchange with the |
---|
| 1752 | + | 22 Department of Healthcare and Family Services information that |
---|
| 1753 | + | 23 may be necessary for the enforcement of child support orders |
---|
| 1754 | + | 24 entered pursuant to the Illinois Public Aid Code, the Illinois |
---|
| 1755 | + | 25 Marriage and Dissolution of Marriage Act, the Non-Support of |
---|
| 1756 | + | |
---|
| 1757 | + | |
---|
| 1758 | + | |
---|
| 1759 | + | |
---|
| 1760 | + | |
---|
| 1761 | + | SB2227 Enrolled - 50 - LRB103 28861 AWJ 55246 b |
---|
| 1762 | + | |
---|
| 1763 | + | |
---|
| 1764 | + | SB2227 Enrolled- 51 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 51 - LRB103 28861 AWJ 55246 b |
---|
| 1765 | + | SB2227 Enrolled - 51 - LRB103 28861 AWJ 55246 b |
---|
| 1766 | + | 1 Spouse and Children Act, the Non-Support Punishment Act, the |
---|
| 1767 | + | 2 Revised Uniform Reciprocal Enforcement of Support Act, the |
---|
| 1768 | + | 3 Uniform Interstate Family Support Act, the Illinois Parentage |
---|
| 1769 | + | 4 Act of 1984, or the Illinois Parentage Act of 2015. |
---|
| 1770 | + | 5 (b) Notwithstanding any provisions in this Code to the |
---|
| 1771 | + | 6 contrary, the recorder Recorder shall not be liable to any |
---|
| 1772 | + | 7 person for any disclosure of information to the Department of |
---|
| 1773 | + | 8 Healthcare and Family Services (formerly Illinois Department |
---|
| 1774 | + | 9 of Public Aid) under subsection (a) or for any other action |
---|
| 1775 | + | 10 taken in good faith to comply with the requirements of |
---|
| 1776 | + | 11 subsection (a). |
---|
| 1777 | + | 12 (Source: P.A. 99-85, eff. 1-1-16.) |
---|
| 1778 | + | 13 (55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037) |
---|
| 1779 | + | 14 Sec. 3-5037. Instruments to be re-recorded; fee; penalty. |
---|
| 1780 | + | 15 In all cases where the records of any county have been or shall |
---|
| 1781 | + | 16 hereafter be destroyed by fire or other casualty, it shall be |
---|
| 1782 | + | 17 the duty of the recorder of such county to re-record all deeds, |
---|
| 1783 | + | 18 mortgages or other instruments in writing which may have been |
---|
| 1784 | + | 19 recorded or filed for record prior to the destruction of such |
---|
| 1785 | + | 20 records, together with the certificates of such original |
---|
| 1786 | + | 21 recording, that may be filed in the his office for |
---|
| 1787 | + | 22 re-recording; and the recorder may charge and receive, as a |
---|
| 1788 | + | 23 fee for re-recording such deeds, mortgages and other |
---|
| 1789 | + | 24 instruments aforesaid, and the certificate of such recording, |
---|
| 1790 | + | 25 5 for each 100 words or fractions thereof, and no more; and |
---|
| 1791 | + | |
---|
| 1792 | + | |
---|
| 1793 | + | |
---|
| 1794 | + | |
---|
| 1795 | + | |
---|
| 1796 | + | SB2227 Enrolled - 51 - LRB103 28861 AWJ 55246 b |
---|
| 1797 | + | |
---|
| 1798 | + | |
---|
| 1799 | + | SB2227 Enrolled- 52 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 52 - LRB103 28861 AWJ 55246 b |
---|
| 1800 | + | SB2227 Enrolled - 52 - LRB103 28861 AWJ 55246 b |
---|
| 1801 | + | 1 any recorder who shall charge a greater fee than the |
---|
| 1802 | + | 2 foregoing, or who shall refuse to re-record such instruments |
---|
| 1803 | + | 3 in writing, for the fee aforesaid, shall be deemed guilty of |
---|
| 1804 | + | 4 malfeasance in office, and subject to all the penalties |
---|
| 1805 | + | 5 prescribed by law for such offense. |
---|
| 1806 | + | 6 (Source: P.A. 86-962.) |
---|
| 1807 | + | 7 (55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038) |
---|
| 1808 | + | 8 Sec. 3-5038. Judgment dockets. In all counties where a |
---|
| 1809 | + | 9 recorder is elected in which the recorder has heretofore been, |
---|
| 1810 | + | 10 or shall hereafter be required by the county board to keep |
---|
| 1811 | + | 11 abstract books showing by tract every conveyance or |
---|
| 1812 | + | 12 incumbrance recorded, the date of the instrument, the time of |
---|
| 1813 | + | 13 filing same, the book and page where the same is recorded, and |
---|
| 1814 | + | 14 showing a true chain of title to each tract and the |
---|
| 1815 | + | 15 incumbrances thereon, as shown by the records of the his |
---|
| 1816 | + | 16 office, such recorder shall and he is hereby authorized to |
---|
| 1817 | + | 17 keep judgment dockets and indexes thereto, showing all |
---|
| 1818 | + | 18 judicial proceedings affecting title to real estate in such |
---|
| 1819 | + | 19 county, tax sale books with indexes thereto, showing sales or |
---|
| 1820 | + | 20 forfeitures of all lands in the county for unpaid taxes and |
---|
| 1821 | + | 21 assessments, and such other books as are usual or necessary to |
---|
| 1822 | + | 22 be kept for the purpose of making complete abstracts of title |
---|
| 1823 | + | 23 to real estate; and the county board shall furnish such |
---|
| 1824 | + | 24 recorder with the necessary rooms, books, stationery, fuel and |
---|
| 1825 | + | 25 lights for the purposes herein set forth: Provided, that |
---|
| 1826 | + | |
---|
| 1827 | + | |
---|
| 1828 | + | |
---|
| 1829 | + | |
---|
| 1830 | + | |
---|
| 1831 | + | SB2227 Enrolled - 52 - LRB103 28861 AWJ 55246 b |
---|
| 1832 | + | |
---|
| 1833 | + | |
---|
| 1834 | + | SB2227 Enrolled- 53 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 53 - LRB103 28861 AWJ 55246 b |
---|
| 1835 | + | SB2227 Enrolled - 53 - LRB103 28861 AWJ 55246 b |
---|
| 1836 | + | 1 nothing in this Division shall be construed to empower the |
---|
| 1837 | + | 2 recorder to prevent the public from examining and taking |
---|
| 1838 | + | 3 memoranda from all records and instruments filed for record, |
---|
| 1839 | + | 4 indexes and other books in the recorder's his official |
---|
| 1840 | + | 5 custody, but it shall be the recorder's his duty at all times, |
---|
| 1841 | + | 6 when the his office is or is required by law to be open, to |
---|
| 1842 | + | 7 allow all persons without fee or reward to examine and take |
---|
| 1843 | + | 8 memoranda from the same. This Section is subject to the |
---|
| 1844 | + | 9 provisions of the "The Local Records Act". |
---|
| 1845 | + | 10 (Source: P.A. 86-962.) |
---|
| 1846 | + | 11 (55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045) |
---|
| 1847 | + | 12 Sec. 3-5045. Scope of liability in connection with Uniform |
---|
| 1848 | + | 13 Commercial Code. No recorder nor any of the recorder's his |
---|
| 1849 | + | 14 employees or agents shall be subject to personal liability by |
---|
| 1850 | + | 15 reason of any error or omission in the performance of any duty |
---|
| 1851 | + | 16 under Article 9 of the Uniform Commercial Code except in case |
---|
| 1852 | + | 17 of willful wilful negligence. |
---|
| 1853 | + | 18 (Source: P.A. 86-962.) |
---|
| 1854 | + | 19 (55 ILCS 5/4-12002.3 new) |
---|
| 1855 | + | 20 Sec. 4-12002.3. Predictable fee schedule for recordings in |
---|
| 1856 | + | 21 third class counties. |
---|
| 1857 | + | 22 (a) The fees of the recorder in counties of the third class |
---|
| 1858 | + | 23 for recording deeds or other instruments in writing and maps |
---|
| 1859 | + | 24 of plats of additions, subdivisions, or otherwise and for |
---|
| 1860 | + | |
---|
| 1861 | + | |
---|
| 1862 | + | |
---|
| 1863 | + | |
---|
| 1864 | + | |
---|
| 1865 | + | SB2227 Enrolled - 53 - LRB103 28861 AWJ 55246 b |
---|
| 1866 | + | |
---|
| 1867 | + | |
---|
| 1868 | + | SB2227 Enrolled- 54 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 54 - LRB103 28861 AWJ 55246 b |
---|
| 1869 | + | SB2227 Enrolled - 54 - LRB103 28861 AWJ 55246 b |
---|
| 1870 | + | 1 certifying copies of records shall be paid in advance and |
---|
| 1871 | + | 2 shall conform to this Section. The fees or surcharges shall |
---|
| 1872 | + | 3 not, unless otherwise provided in this Section, be based on |
---|
| 1873 | + | 4 the individual attributes of a document to be recorded, |
---|
| 1874 | + | 5 including, but not limited to, page count; number, length, or |
---|
| 1875 | + | 6 type of legal descriptions; number of tax identification or |
---|
| 1876 | + | 7 other parcel-identifying code numbers; number of common |
---|
| 1877 | + | 8 addresses; number of references contained as to other recorded |
---|
| 1878 | + | 9 documents or document numbers; or any other individual |
---|
| 1879 | + | 10 attribute of the document. The fees charged under this Section |
---|
| 1880 | + | 11 shall be inclusive of all county and State fees that the county |
---|
| 1881 | + | 12 may elect or is required to impose or adjust, including, but |
---|
| 1882 | + | 13 not limited to, GIS fees, automation fees, document storage |
---|
| 1883 | + | 14 fees, and the Rental Housing Support Program State and county |
---|
| 1884 | + | 15 surcharges. |
---|
| 1885 | + | 16 (b) A county of the third class shall adopt and implement, |
---|
| 1886 | + | 17 by ordinance or resolution, a predictable fee schedule as |
---|
| 1887 | + | 18 provided in subsection (c) that eliminates surcharges or fees |
---|
| 1888 | + | 19 based on the individual attributes of a document to be |
---|
| 1889 | + | 20 recorded. If a county has previously adopted an ordinance or |
---|
| 1890 | + | 21 resolution adopting a predictable fee schedule, the county |
---|
| 1891 | + | 22 must adopt an ordinance or resolution revising that |
---|
| 1892 | + | 23 predictable fee schedule to be consistent with this Section. |
---|
| 1893 | + | 24 After a document class predictable fee is approved by a county |
---|
| 1894 | + | 25 board consistent with this Section, the county board may, by |
---|
| 1895 | + | 26 ordinance or resolution, increase the document class |
---|
| 1896 | + | |
---|
| 1897 | + | |
---|
| 1898 | + | |
---|
| 1899 | + | |
---|
| 1900 | + | |
---|
| 1901 | + | SB2227 Enrolled - 54 - LRB103 28861 AWJ 55246 b |
---|
| 1902 | + | |
---|
| 1903 | + | |
---|
| 1904 | + | SB2227 Enrolled- 55 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 55 - LRB103 28861 AWJ 55246 b |
---|
| 1905 | + | SB2227 Enrolled - 55 - LRB103 28861 AWJ 55246 b |
---|
| 1906 | + | 1 predictable fee and collect the increased fees if the |
---|
| 1907 | + | 2 established fees are not sufficient to cover the costs of |
---|
| 1908 | + | 3 providing the services related to the document class for which |
---|
| 1909 | + | 4 the fee is to be increased. |
---|
| 1910 | + | 5 For the purposes of the fee charged, the ordinance or |
---|
| 1911 | + | 6 resolution shall divide documents into the classifications |
---|
| 1912 | + | 7 specified in subsection (c), and shall establish a single, |
---|
| 1913 | + | 8 all-inclusive county and State-imposed aggregate predictable |
---|
| 1914 | + | 9 fee charged for each classification of document at the time of |
---|
| 1915 | + | 10 recording for that document. Each document, unless otherwise |
---|
| 1916 | + | 11 provided in this Section, shall fall within one of the |
---|
| 1917 | + | 12 document class predictable fee classifications set by |
---|
| 1918 | + | 13 subsection (c), and fees for each document class shall be |
---|
| 1919 | + | 14 charged only as allowed by this Section. |
---|
| 1920 | + | 15 Before approval of an ordinance or resolution under this |
---|
| 1921 | + | 16 subsection that creates or modifies a predictable fee |
---|
| 1922 | + | 17 schedule, the recorder or county clerk shall post a notice in |
---|
| 1923 | + | 18 the recorder's or clerk's office at least 2 weeks prior, but |
---|
| 1924 | + | 19 not more than 4 weeks prior, to the public meeting at which the |
---|
| 1925 | + | 20 ordinance or resolution may be adopted. The notice shall |
---|
| 1926 | + | 21 contain the proposed ordinance or resolution number, if any, |
---|
| 1927 | + | 22 the proposed document class predictable fees for each |
---|
| 1928 | + | 23 classification, and a reference to this Section and this |
---|
| 1929 | + | 24 amendatory Act of the 103rd General Assembly. A predictable |
---|
| 1930 | + | 25 fee schedule takes effect 60 days after an ordinance or |
---|
| 1931 | + | 26 resolution is adopted, unless the fee schedule was previously |
---|
| 1932 | + | |
---|
| 1933 | + | |
---|
| 1934 | + | |
---|
| 1935 | + | |
---|
| 1936 | + | |
---|
| 1937 | + | SB2227 Enrolled - 55 - LRB103 28861 AWJ 55246 b |
---|
| 1938 | + | |
---|
| 1939 | + | |
---|
| 1940 | + | SB2227 Enrolled- 56 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 56 - LRB103 28861 AWJ 55246 b |
---|
| 1941 | + | SB2227 Enrolled - 56 - LRB103 28861 AWJ 55246 b |
---|
| 1942 | + | 1 created and the ordinance or resolution is a modification |
---|
| 1943 | + | 2 allowed under this Section. |
---|
| 1944 | + | 3 Nothing in this Section precludes a county board from |
---|
| 1945 | + | 4 adjusting amounts or allocations within a given document class |
---|
| 1946 | + | 5 predictable fee when the document class predictable fee is not |
---|
| 1947 | + | 6 increased or precludes an alternate predictable fee schedule |
---|
| 1948 | + | 7 for electronic recording within each of the classifications |
---|
| 1949 | + | 8 under subsection (c). |
---|
| 1950 | + | 9 If the Rental Housing Support Program State surcharge is |
---|
| 1951 | + | 10 amended and the surcharge is increased or lowered, the |
---|
| 1952 | + | 11 aggregate amount of the document predictable fee attributable |
---|
| 1953 | + | 12 to the surcharge in the document may be changed accordingly. |
---|
| 1954 | + | 13 If any fee or surcharge is changed by State statute, the county |
---|
| 1955 | + | 14 may increase the document class fees by the same amount |
---|
| 1956 | + | 15 without any cost study. |
---|
| 1957 | + | 16 (c) A predictable fee schedule ordinance or resolution |
---|
| 1958 | + | 17 adopted under this Section shall list document fees, including |
---|
| 1959 | + | 18 document class predictable fees. The document classes shall be |
---|
| 1960 | + | 19 as follows: |
---|
| 1961 | + | 20 (1) Deeds. The aggregate fee for recording deeds shall |
---|
| 1962 | + | 21 not be less than $39 (being a minimum $21 county fee plus |
---|
| 1963 | + | 22 $18 for the Rental Housing Support Program State |
---|
| 1964 | + | 23 surcharge). Inclusion of language in the deed as to any |
---|
| 1965 | + | 24 restriction; covenant; lien; oil, gas, or other mineral |
---|
| 1966 | + | 25 interest; easement; lease; or a mortgage shall not alter |
---|
| 1967 | + | 26 the classification of a document as a deed. |
---|
| 1968 | + | |
---|
| 1969 | + | |
---|
| 1970 | + | |
---|
| 1971 | + | |
---|
| 1972 | + | |
---|
| 1973 | + | SB2227 Enrolled - 56 - LRB103 28861 AWJ 55246 b |
---|
| 1974 | + | |
---|
| 1975 | + | |
---|
| 1976 | + | SB2227 Enrolled- 57 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 57 - LRB103 28861 AWJ 55246 b |
---|
| 1977 | + | SB2227 Enrolled - 57 - LRB103 28861 AWJ 55246 b |
---|
| 1978 | + | 1 (2) Leases, lease amendments, and similar transfer of |
---|
| 1979 | + | 2 interest documents. The aggregate fee for recording |
---|
| 1980 | + | 3 leases, lease amendments, and similar transfers of |
---|
| 1981 | + | 4 interest documents shall not be less than $39 (being a |
---|
| 1982 | + | 5 minimum $21 county fee plus $18 for the Rental Housing |
---|
| 1983 | + | 6 Support Program State surcharge). |
---|
| 1984 | + | 7 (3) Mortgages. The aggregate fee for recording |
---|
| 1985 | + | 8 mortgages, including assignments, extensions, amendments, |
---|
| 1986 | + | 9 subordinations, and mortgage releases shall not be less |
---|
| 1987 | + | 10 than $39 (being a minimum $21 county fee plus $18 for the |
---|
| 1988 | + | 11 Rental Housing Support Program State surcharge). |
---|
| 1989 | + | 12 (4) Easements not otherwise part of another |
---|
| 1990 | + | 13 classification. The aggregate fee for recording easements |
---|
| 1991 | + | 14 not otherwise part of another classification, including |
---|
| 1992 | + | 15 assignments, extensions, amendments, and easement releases |
---|
| 1993 | + | 16 not filed by a State agency, unit of local government, or |
---|
| 1994 | + | 17 school district, shall not be less than $39 (being a |
---|
| 1995 | + | 18 minimum $21 county fee plus $18 for the Rental Housing |
---|
| 1996 | + | 19 Support Program State surcharge). |
---|
| 1997 | + | 20 (5) Irregular documents. Any document presented that |
---|
| 1998 | + | 21 does not conform to the following standards, even if it |
---|
| 1999 | + | 22 may qualify for another document class, may be recorded |
---|
| 2000 | + | 23 under this document class (5) if the irregularity allows a |
---|
| 2001 | + | 24 legible reproduction of the document presented: |
---|
| 2002 | + | 25 (A) The document shall consist of one or more |
---|
| 2003 | + | 26 individual sheets measuring 8.5 inches by 11 inches, |
---|
| 2004 | + | |
---|
| 2005 | + | |
---|
| 2006 | + | |
---|
| 2007 | + | |
---|
| 2008 | + | |
---|
| 2009 | + | SB2227 Enrolled - 57 - LRB103 28861 AWJ 55246 b |
---|
| 2010 | + | |
---|
| 2011 | + | |
---|
| 2012 | + | SB2227 Enrolled- 58 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 58 - LRB103 28861 AWJ 55246 b |
---|
| 2013 | + | SB2227 Enrolled - 58 - LRB103 28861 AWJ 55246 b |
---|
| 2014 | + | 1 not permanently bound, and not a continuous form. |
---|
| 2015 | + | 2 Graphic displays accompanying a document to be |
---|
| 2016 | + | 3 recorded that measure up to 11 inches by 17 inches |
---|
| 2017 | + | 4 shall be recorded without charging an additional fee. |
---|
| 2018 | + | 5 (B) The document shall be legibly printed in black |
---|
| 2019 | + | 6 ink by hand, type, or computer. Signatures and dates |
---|
| 2020 | + | 7 may be in contrasting colors if they will reproduce |
---|
| 2021 | + | 8 clearly. |
---|
| 2022 | + | 9 (C) The document shall be on white paper of not |
---|
| 2023 | + | 10 less than 20-pound weight and shall have a clean |
---|
| 2024 | + | 11 margin of at least one-half inch on the top, the |
---|
| 2025 | + | 12 bottom, and each side. Margins may be used only for |
---|
| 2026 | + | 13 non-essential notations that will not affect the |
---|
| 2027 | + | 14 validity of the document, including, but not limited |
---|
| 2028 | + | 15 to, form numbers, page numbers, and customer |
---|
| 2029 | + | 16 notations. |
---|
| 2030 | + | 17 (D) The first page of the document shall contain a |
---|
| 2031 | + | 18 blank space, measuring at least 3 inches by 5 inches, |
---|
| 2032 | + | 19 from the upper right corner. |
---|
| 2033 | + | 20 (E) The document shall not have any attachment |
---|
| 2034 | + | 21 stapled or otherwise affixed to any page. |
---|
| 2035 | + | 22 The aggregate fee for recording an irregular document |
---|
| 2036 | + | 23 shall not be less than $39 (being a minimum $21 county fee |
---|
| 2037 | + | 24 plus $18 for the Rental Housing Support Program State |
---|
| 2038 | + | 25 surcharge). |
---|
| 2039 | + | 26 (6) Blanket recordings. For any document that makes |
---|
| 2040 | + | |
---|
| 2041 | + | |
---|
| 2042 | + | |
---|
| 2043 | + | |
---|
| 2044 | + | |
---|
| 2045 | + | SB2227 Enrolled - 58 - LRB103 28861 AWJ 55246 b |
---|
| 2046 | + | |
---|
| 2047 | + | |
---|
| 2048 | + | SB2227 Enrolled- 59 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 59 - LRB103 28861 AWJ 55246 b |
---|
| 2049 | + | SB2227 Enrolled - 59 - LRB103 28861 AWJ 55246 b |
---|
| 2050 | + | 1 specific reference to more than 5 tax parcels or property |
---|
| 2051 | + | 2 identification numbers, or makes reference to 5 or more |
---|
| 2052 | + | 3 document numbers, the aggregate fee shall be not less than |
---|
| 2053 | + | 4 $39 (being a minimum $21 county fee plus $18 for the Rental |
---|
| 2054 | + | 5 Housing Support Program State surcharge). A county may |
---|
| 2055 | + | 6 adopt by ordinance and publish with its fee schedule an |
---|
| 2056 | + | 7 additional fee or formula for each parcel, property |
---|
| 2057 | + | 8 identification number, or document reference, above 5, |
---|
| 2058 | + | 9 contained in an accepted document. |
---|
| 2059 | + | 10 (7) Miscellaneous. The aggregate fee for recording |
---|
| 2060 | + | 11 documents not otherwise falling within classifications |
---|
| 2061 | + | 12 under paragraphs (1) through (6) and are not otherwise |
---|
| 2062 | + | 13 exempted documents shall not be less than $39 (being a |
---|
| 2063 | + | 14 minimum $21 county fee plus $18 for the Rental Housing |
---|
| 2064 | + | 15 Support Program State surcharge). |
---|
| 2065 | + | 16 (d) For recording maps or plats of additions, |
---|
| 2066 | + | 17 subdivisions, or otherwise (including the spreading of the |
---|
| 2067 | + | 18 same of record in well bound books), $100 plus $2 for each |
---|
| 2068 | + | 19 tract, parcel, or lot contained in the map or plat. |
---|
| 2069 | + | 20 (e) Documents presented that meet the following criteria |
---|
| 2070 | + | 21 shall be charged as otherwise provided by law or ordinance: |
---|
| 2071 | + | 22 (1) a document recorded pursuant to the Uniform |
---|
| 2072 | + | 23 Commercial Code; or |
---|
| 2073 | + | 24 (2) a State lien or a federal lien. |
---|
| 2074 | + | 25 Notwithstanding any other provision in this Section: (i) |
---|
| 2075 | + | 26 the maximum fee that may be collected from the Department of |
---|
| 2076 | + | |
---|
| 2077 | + | |
---|
| 2078 | + | |
---|
| 2079 | + | |
---|
| 2080 | + | |
---|
| 2081 | + | SB2227 Enrolled - 59 - LRB103 28861 AWJ 55246 b |
---|
| 2082 | + | |
---|
| 2083 | + | |
---|
| 2084 | + | SB2227 Enrolled- 60 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 60 - LRB103 28861 AWJ 55246 b |
---|
| 2085 | + | SB2227 Enrolled - 60 - LRB103 28861 AWJ 55246 b |
---|
| 2086 | + | 1 Revenue for filing or indexing a lien, certificate of lien |
---|
| 2087 | + | 2 release or subordination, or any other type of notice or other |
---|
| 2088 | + | 3 documentation affecting or concerning a lien is $5; and (ii) |
---|
| 2089 | + | 4 the maximum fee that may be collected from the Department of |
---|
| 2090 | + | 5 Revenue for indexing each additional name in excess of one for |
---|
| 2091 | + | 6 any lien, certificate of lien release or subordination, or any |
---|
| 2092 | + | 7 other type of notice or other documentation affecting or |
---|
| 2093 | + | 8 concerning a lien is $1. |
---|
| 2094 | + | 9 (f) For recording any document that affects an interest in |
---|
| 2095 | + | 10 real property, other than documents which solely affect or |
---|
| 2096 | + | 11 relate to an easement for water, sewer, electricity, gas, |
---|
| 2097 | + | 12 telephone, or other public service, the recorder shall charge |
---|
| 2098 | + | 13 a minimum fee of $1 per document to all filers of documents not |
---|
| 2099 | + | 14 filed by any State agency, any unit of local government, or any |
---|
| 2100 | + | 15 school district. Half of the fee shall be deposited into the |
---|
| 2101 | + | 16 county general revenue fund. The remaining half shall be |
---|
| 2102 | + | 17 deposited into the County Recorder Document Storage System |
---|
| 2103 | + | 18 Fund and may not be appropriated or expended for any other |
---|
| 2104 | + | 19 purpose. The additional amounts available to the recorder for |
---|
| 2105 | + | 20 expenditure from the County Recorder Document Storage System |
---|
| 2106 | + | 21 Fund shall not offset or reduce any other county |
---|
| 2107 | + | 22 appropriations or funding for the office of the recorder. |
---|
| 2108 | + | 23 (g) For certified and non-certified copies of records, the |
---|
| 2109 | + | 24 recorder and county may set a predictable fee for all copies |
---|
| 2110 | + | 25 that does not exceed the highest total recording fee in any |
---|
| 2111 | + | 26 established document classes, unless the copy fee is otherwise |
---|
| 2112 | + | |
---|
| 2113 | + | |
---|
| 2114 | + | |
---|
| 2115 | + | |
---|
| 2116 | + | |
---|
| 2117 | + | SB2227 Enrolled - 60 - LRB103 28861 AWJ 55246 b |
---|
| 2118 | + | |
---|
| 2119 | + | |
---|
| 2120 | + | SB2227 Enrolled- 61 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 61 - LRB103 28861 AWJ 55246 b |
---|
| 2121 | + | SB2227 Enrolled - 61 - LRB103 28861 AWJ 55246 b |
---|
| 2122 | + | 1 provided in statute or ordinance. The total fee for a |
---|
| 2123 | + | 2 certified copy of a map or plat of an addition, subdivision, or |
---|
| 2124 | + | 3 otherwise may not exceed $200. |
---|
| 2125 | + | 4 The fees allowed under this subsection apply to all |
---|
| 2126 | + | 5 records, regardless of when they were recorded, based on |
---|
| 2127 | + | 6 current recording fees. These predictable fees for certified |
---|
| 2128 | + | 7 and non-certified copies shall apply to portions of documents |
---|
| 2129 | + | 8 and to copies provided in any format, including paper, |
---|
| 2130 | + | 9 microfilm, or electronic. A county may adopt a per-line |
---|
| 2131 | + | 10 pricing structure for copies of information in database |
---|
| 2132 | + | 11 format. |
---|
| 2133 | + | 12 (h) As provided under subsection (c), the recorder shall |
---|
| 2134 | + | 13 collect an $18 Rental Housing Support Program State surcharge |
---|
| 2135 | + | 14 for the recordation of any real estate-related document. |
---|
| 2136 | + | 15 Payment of the Rental Housing Support Program State surcharge |
---|
| 2137 | + | 16 shall be evidenced by a receipt that shall be marked upon or |
---|
| 2138 | + | 17 otherwise affixed to the real estate-related document by the |
---|
| 2139 | + | 18 recorder. The form of this receipt shall be prescribed by the |
---|
| 2140 | + | 19 Department of Revenue and the receipts shall be issued by the |
---|
| 2141 | + | 20 Department of Revenue to each county recorder. |
---|
| 2142 | + | 21 The recorder shall not collect the Rental Housing Support |
---|
| 2143 | + | 22 Program State surcharge from any State agency, unit of local |
---|
| 2144 | + | 23 government, or school district. |
---|
| 2145 | + | 24 On the 15th day of each month, each county recorder shall |
---|
| 2146 | + | 25 report to the Department of Revenue, on a form prescribed by |
---|
| 2147 | + | 26 the Department, the number of real estate-related documents |
---|
| 2148 | + | |
---|
| 2149 | + | |
---|
| 2150 | + | |
---|
| 2151 | + | |
---|
| 2152 | + | |
---|
| 2153 | + | SB2227 Enrolled - 61 - LRB103 28861 AWJ 55246 b |
---|
| 2154 | + | |
---|
| 2155 | + | |
---|
| 2156 | + | SB2227 Enrolled- 62 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 62 - LRB103 28861 AWJ 55246 b |
---|
| 2157 | + | SB2227 Enrolled - 62 - LRB103 28861 AWJ 55246 b |
---|
| 2158 | + | 1 recorded for which the Rental Housing Support Program State |
---|
| 2159 | + | 2 surcharge was collected. Each recorder shall submit $18 of |
---|
| 2160 | + | 3 each surcharge collected in the preceding month to the |
---|
| 2161 | + | 4 Department of Revenue and the Department shall deposit these |
---|
| 2162 | + | 5 amounts in the Rental Housing Support Program Fund. Subject to |
---|
| 2163 | + | 6 appropriation, amounts in the Fund may be expended only for |
---|
| 2164 | + | 7 the purpose of funding and administering the Rental Housing |
---|
| 2165 | + | 8 Support Program. |
---|
| 2166 | + | 9 As used in this subsection, "real estate-related document" |
---|
| 2167 | + | 10 means that term as it is defined in Section 7 of the Rental |
---|
| 2168 | + | 11 Housing Support Program Act. |
---|
| 2169 | + | 12 (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003) |
---|
| 2170 | + | 13 Sec. 4-12003. Fees of county clerk in third class |
---|
| 2171 | + | 14 counties. The fees of the county clerk in counties of the third |
---|
| 2172 | + | 15 class are: |
---|
| 2173 | + | 16 For issuing each civil union or marriage license, sealing, |
---|
| 2174 | + | 17 filing and recording the same and the certificate thereto (one |
---|
| 2175 | + | 18 charge), a fee to be determined by the county board of the |
---|
| 2176 | + | 19 county, not to exceed $75, which shall be the same, whether for |
---|
| 2177 | + | 20 a civil union or marriage license. $5 from all civil union and |
---|
| 2178 | + | 21 marriage license fees shall be remitted by the clerk to the |
---|
| 2179 | + | 22 State Treasurer for deposit into the Domestic Violence Fund. |
---|
| 2180 | + | 23 For taking, certifying to and sealing the acknowledgment |
---|
| 2181 | + | 24 of a deed, power of attorney, or other writing, $1. |
---|
| 2182 | + | 25 For filing and entering certificates in case of estrays, |
---|
| 2183 | + | |
---|
| 2184 | + | |
---|
| 2185 | + | |
---|
| 2186 | + | |
---|
| 2187 | + | |
---|
| 2188 | + | SB2227 Enrolled - 62 - LRB103 28861 AWJ 55246 b |
---|
| 2189 | + | |
---|
| 2190 | + | |
---|
| 2191 | + | SB2227 Enrolled- 63 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 63 - LRB103 28861 AWJ 55246 b |
---|
| 2192 | + | SB2227 Enrolled - 63 - LRB103 28861 AWJ 55246 b |
---|
| 2193 | + | 1 and furnishing notices for publication thereof (one charge), |
---|
| 2194 | + | 2 $1.50. |
---|
| 2195 | + | 3 For recording all papers and documents required by law to |
---|
| 2196 | + | 4 be recorded in the office of the county clerk, $2 plus 30 for |
---|
| 2197 | + | 5 every 100 words in excess of 600 words. |
---|
| 2198 | + | 6 For certificate and seal, not in a case in a court whereof |
---|
| 2199 | + | 7 he is clerk, $1. |
---|
| 2200 | + | 8 For making and certifying a copy of any record or paper in |
---|
| 2201 | + | 9 his office, $2 for every page. |
---|
| 2202 | + | 10 For filing papers in his office, 50 for each paper filed, |
---|
| 2203 | + | 11 except that no fee shall be charged for filing a Statement of |
---|
| 2204 | + | 12 economic interest pursuant to the Illinois Governmental Ethics |
---|
| 2205 | + | 13 Act or reports made pursuant to Article 9 of The Election Code. |
---|
| 2206 | + | 14 For making transcript of taxable property for the |
---|
| 2207 | + | 15 assessors, 8 for each tract of land or town lot. For extending |
---|
| 2208 | + | 16 other than State and county taxes, 8 for each tax on each |
---|
| 2209 | + | 17 tract or lot, and 8 for each person's personal tax, to be paid |
---|
| 2210 | + | 18 by the authority for whose benefit the transcript is made and |
---|
| 2211 | + | 19 the taxes extended. The county clerk shall certify to the |
---|
| 2212 | + | 20 county collector the amount due from each authority for such |
---|
| 2213 | + | 21 services and the collector in his settlement with such |
---|
| 2214 | + | 22 authority shall reserve such amount from the amount payable by |
---|
| 2215 | + | 23 him to such authority. |
---|
| 2216 | + | 24 For adding and bringing forward with current tax warrants |
---|
| 2217 | + | 25 amounts due for forfeited or withdrawn special assessments, 8 |
---|
| 2218 | + | 26 for each lot or tract of land described and transcribed. |
---|
| 2219 | + | |
---|
| 2220 | + | |
---|
| 2221 | + | |
---|
| 2222 | + | |
---|
| 2223 | + | |
---|
| 2224 | + | SB2227 Enrolled - 63 - LRB103 28861 AWJ 55246 b |
---|
| 2225 | + | |
---|
| 2226 | + | |
---|
| 2227 | + | SB2227 Enrolled- 64 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 64 - LRB103 28861 AWJ 55246 b |
---|
| 2228 | + | SB2227 Enrolled - 64 - LRB103 28861 AWJ 55246 b |
---|
| 2229 | + | 1 For computing and extending each assessment or installment |
---|
| 2230 | + | 2 thereof and interest, 8 on each description; and for |
---|
| 2231 | + | 3 computing and extending each penalty, 8 on each description. |
---|
| 2232 | + | 4 These fees shall be paid by the city, village, or taxing body |
---|
| 2233 | + | 5 for whose benefit the transcript is made and the assessment |
---|
| 2234 | + | 6 and penalties are extended. The county clerk shall certify to |
---|
| 2235 | + | 7 the county collector the amount due from each city, village or |
---|
| 2236 | + | 8 taxing body, for such services, and the collector in his |
---|
| 2237 | + | 9 settlement with such taxing body shall reserve such amount |
---|
| 2238 | + | 10 from the amount payable by him to such city, village or other |
---|
| 2239 | + | 11 taxing body. |
---|
| 2240 | + | 12 For cancelling certificates of sale, $4 for each tract or |
---|
| 2241 | + | 13 lot. |
---|
| 2242 | + | 14 For making search and report of general taxes and special |
---|
| 2243 | + | 15 assessments for use in the preparation of estimate of cost of |
---|
| 2244 | + | 16 redemption from sales or forfeitures or withdrawals or for use |
---|
| 2245 | + | 17 in the preparation of estimate of cost of purchase of |
---|
| 2246 | + | 18 forfeited property, or for use in preparation of order on the |
---|
| 2247 | + | 19 county collector for searches requested by buyers at annual |
---|
| 2248 | + | 20 tax sale, for each lot or tract, $4 for the first year |
---|
| 2249 | + | 21 searched, and $2 for each additional year or fraction thereof. |
---|
| 2250 | + | 22 For preparing from tax search report estimate of cost of |
---|
| 2251 | + | 23 redemption concerning property sold, forfeited or withdrawn |
---|
| 2252 | + | 24 for non-payment of general taxes and special assessments, if |
---|
| 2253 | + | 25 any, $1 for each lot or tract. |
---|
| 2254 | + | 26 For certificate of deposit for redemption, $4. |
---|
| 2255 | + | |
---|
| 2256 | + | |
---|
| 2257 | + | |
---|
| 2258 | + | |
---|
| 2259 | + | |
---|
| 2260 | + | SB2227 Enrolled - 64 - LRB103 28861 AWJ 55246 b |
---|
| 2261 | + | |
---|
| 2262 | + | |
---|
| 2263 | + | SB2227 Enrolled- 65 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 65 - LRB103 28861 AWJ 55246 b |
---|
| 2264 | + | SB2227 Enrolled - 65 - LRB103 28861 AWJ 55246 b |
---|
| 2265 | + | 1 For preparing from tax search report estimate of and order |
---|
| 2266 | + | 2 to county collector to receive amount necessary to redeem or |
---|
| 2267 | + | 3 purchase lands or lots forfeited for non-payment of general |
---|
| 2268 | + | 4 taxes, $3 for each lot or tract. |
---|
| 2269 | + | 5 For preparing from tax search report estimate of and order |
---|
| 2270 | + | 6 to county collector to receive amount necessary to redeem or |
---|
| 2271 | + | 7 purchase lands or lots forfeited for non-payment of special |
---|
| 2272 | + | 8 assessments, $4 for each lot or tract. |
---|
| 2273 | + | 9 For issuing certificate of sale of forfeited property, |
---|
| 2274 | + | 10 $10. |
---|
| 2275 | + | 11 For noting on collector's warrants tax sales subject to |
---|
| 2276 | + | 12 redemption, 20 for each tract or lot of land, to be paid by |
---|
| 2277 | + | 13 either the person making the redemption from tax sale, the |
---|
| 2278 | + | 14 person surrendering the certificate of sale for cancellation, |
---|
| 2279 | + | 15 or the person taking out tax deed. |
---|
| 2280 | + | 16 For noting on collector's warrant special assessments |
---|
| 2281 | + | 17 withdrawn from collection 20 for each tract or lot of land, to |
---|
| 2282 | + | 18 be charged against the lot assessed in the withdrawn special |
---|
| 2283 | + | 19 assessment when brought forward with current tax or when |
---|
| 2284 | + | 20 redeemed by the county clerk. The county clerk shall certify |
---|
| 2285 | + | 21 to the county collector the amount due from each city, village |
---|
| 2286 | + | 22 or taxing body for such fees, each year, and the county |
---|
| 2287 | + | 23 collector in his settlement with such taxing body shall |
---|
| 2288 | + | 24 reserve such amount from the amount payable by him to such |
---|
| 2289 | + | 25 taxing body. |
---|
| 2290 | + | 26 For taking and approving official bond of a town assessor, |
---|
| 2291 | + | |
---|
| 2292 | + | |
---|
| 2293 | + | |
---|
| 2294 | + | |
---|
| 2295 | + | |
---|
| 2296 | + | SB2227 Enrolled - 65 - LRB103 28861 AWJ 55246 b |
---|
| 2297 | + | |
---|
| 2298 | + | |
---|
| 2299 | + | SB2227 Enrolled- 66 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 66 - LRB103 28861 AWJ 55246 b |
---|
| 2300 | + | SB2227 Enrolled - 66 - LRB103 28861 AWJ 55246 b |
---|
| 2301 | + | 1 filing and recording same, and issuing certificate of election |
---|
| 2302 | + | 2 or qualification to such official or to the Secretary of |
---|
| 2303 | + | 3 State, $10, to be paid by the officer-elect. |
---|
| 2304 | + | 4 For certified copies of plats, 20 for each lot shown in |
---|
| 2305 | + | 5 copy, but no charge less than $4. |
---|
| 2306 | + | 6 For tax search and issuing Statement regarding same on new |
---|
| 2307 | + | 7 plats to be recorded, $10. |
---|
| 2308 | + | 8 For furnishing written description in conformity with |
---|
| 2309 | + | 9 permanent real estate index number, $2 for each written |
---|
| 2310 | + | 10 description. |
---|
| 2311 | + | 11 The following fees shall be allowed for services in |
---|
| 2312 | + | 12 matters of taxes and assessments, and shall be charged as |
---|
| 2313 | + | 13 costs against the delinquent property, and collected with the |
---|
| 2314 | + | 14 taxes thereon: |
---|
| 2315 | + | 15 For entering judgment, 8 for each tract or lot. |
---|
| 2316 | + | 16 For services in attending the tax sale and issuing |
---|
| 2317 | + | 17 certificates of sale and sealing the same, $10 for each tract |
---|
| 2318 | + | 18 or lot. |
---|
| 2319 | + | 19 For making list of delinquent lands and town lots sold, to |
---|
| 2320 | + | 20 be filed with the State Comptroller, 10 for each tract or lot |
---|
| 2321 | + | 21 sold. |
---|
| 2322 | + | 22 The following fees shall be audited and allowed by the |
---|
| 2323 | + | 23 board of county commissioners and paid from the county |
---|
| 2324 | + | 24 treasury. |
---|
| 2325 | + | 25 For computing State or county taxes, on each description |
---|
| 2326 | + | 26 of real estate and each person's, firm's or corporation's |
---|
| 2327 | + | |
---|
| 2328 | + | |
---|
| 2329 | + | |
---|
| 2330 | + | |
---|
| 2331 | + | |
---|
| 2332 | + | SB2227 Enrolled - 66 - LRB103 28861 AWJ 55246 b |
---|
| 2333 | + | |
---|
| 2334 | + | |
---|
| 2335 | + | SB2227 Enrolled- 67 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 67 - LRB103 28861 AWJ 55246 b |
---|
| 2336 | + | SB2227 Enrolled - 67 - LRB103 28861 AWJ 55246 b |
---|
| 2337 | + | 1 personal property tax, for each extension of each tax, 4, |
---|
| 2338 | + | 2 which shall include the transcribing of the collector's books. |
---|
| 2339 | + | 3 For computing, extending and bringing forward, and adding |
---|
| 2340 | + | 4 to the current tax, the amount due for general taxes on lands |
---|
| 2341 | + | 5 and lots previously forfeited to the State, for each extension |
---|
| 2342 | + | 6 of each tax, 4 for the first year, and for computing and |
---|
| 2343 | + | 7 extending the tax and penalty for each additional year, 6. |
---|
| 2344 | + | 8 For making duplicate or triplicate sets of books, |
---|
| 2345 | + | 9 containing transcripts of taxable property, for the board of |
---|
| 2346 | + | 10 assessors and board of review, 3 for each description entered |
---|
| 2347 | + | 11 in each book. |
---|
| 2348 | + | 12 For filing, indexing and recording or binding each birth, |
---|
| 2349 | + | 13 death or stillbirth certificate or report, 15, which fee |
---|
| 2350 | + | 14 shall be in full for all services in connection therewith, |
---|
| 2351 | + | 15 including the keeping of accounts with district registrars. |
---|
| 2352 | + | 16 For posting new subdivisions or plats in official atlases, |
---|
| 2353 | + | 17 25 for each lot. |
---|
| 2354 | + | 18 For compiling new sheets for atlases, 20 for each lot. |
---|
| 2355 | + | 19 For compiling new atlases, including necessary record |
---|
| 2356 | + | 20 searches, 25 for each lot. |
---|
| 2357 | + | 21 For investigating and reporting on each new plat, referred |
---|
| 2358 | + | 22 to county clerk, $2. |
---|
| 2359 | + | 23 For attending sessions of the board of county |
---|
| 2360 | + | 24 commissioners thereof, $5 per day, for each clerk in |
---|
| 2361 | + | 25 attendance. |
---|
| 2362 | + | 26 For recording proceedings of the board of county |
---|
| 2363 | + | |
---|
| 2364 | + | |
---|
| 2365 | + | |
---|
| 2366 | + | |
---|
| 2367 | + | |
---|
| 2368 | + | SB2227 Enrolled - 67 - LRB103 28861 AWJ 55246 b |
---|
| 2369 | + | |
---|
| 2370 | + | |
---|
| 2371 | + | SB2227 Enrolled- 68 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 68 - LRB103 28861 AWJ 55246 b |
---|
| 2372 | + | SB2227 Enrolled - 68 - LRB103 28861 AWJ 55246 b |
---|
| 2373 | + | 1 commissioners, 15 per 100 words. |
---|
| 2374 | + | 2 For filing papers which must be kept in office of |
---|
| 2375 | + | 3 comptroller of Cook County, 10 for each paper filed. |
---|
| 2376 | + | 4 For filing and indexing contracts, bonds, communications, |
---|
| 2377 | + | 5 and other such papers which must be kept in office of |
---|
| 2378 | + | 6 comptroller of Cook County, 15 for each document. |
---|
| 2379 | + | 7 For swearing any person to necessary affidavits relating |
---|
| 2380 | + | 8 to the correctness of claims against the county, 25. |
---|
| 2381 | + | 9 For issuing warrants in payment of salaries, supplies and |
---|
| 2382 | + | 10 other accounts, and all necessary auditing and bookkeeping |
---|
| 2383 | + | 11 work in connection therewith, 10 each. |
---|
| 2384 | + | 12 The fee requirements of this Section do not apply to units |
---|
| 2385 | + | 13 of local government or school districts. |
---|
| 2386 | + | 14 The fees listed in this Section apply only when a county |
---|
| 2387 | + | 15 board has not adjusted them by ordinance or otherwise set by |
---|
| 2388 | + | 16 law. |
---|
| 2389 | + | 17 (Source: P.A. 97-4, eff. 5-31-11.) |
---|
| 2390 | + | 18 (55 ILCS 5/3-5017 rep.) |
---|
| 2391 | + | 19 (55 ILCS 5/3-5018 rep.) |
---|
| 2392 | + | 20 (55 ILCS 5/3-5018.1 rep.) |
---|
| 2393 | + | 21 (55 ILCS 5/4-12002 rep.) |
---|
| 2394 | + | 22 (55 ILCS 5/4-12002.1 rep.) |
---|
| 2395 | + | 23 Section 10. The Counties Code is amended by repealing |
---|
| 2396 | + | 24 Sections 3-5017, 3-5018, 3-5018.1, 4-12002, and 4-12002.1. |
---|
| 2397 | + | 25 Section 99. Effective date. This Act takes effect January |
---|
| 2398 | + | |
---|
| 2399 | + | |
---|
| 2400 | + | |
---|
| 2401 | + | |
---|
| 2402 | + | |
---|
| 2403 | + | SB2227 Enrolled - 68 - LRB103 28861 AWJ 55246 b |
---|
| 2404 | + | |
---|
| 2405 | + | |
---|
| 2406 | + | SB2227 Enrolled- 69 -LRB103 28861 AWJ 55246 b SB2227 Enrolled - 69 - LRB103 28861 AWJ 55246 b |
---|
| 2407 | + | SB2227 Enrolled - 69 - LRB103 28861 AWJ 55246 b |
---|
| 2408 | + | 1 1, 2024. |
---|
| 2409 | + | |
---|
| 2410 | + | |
---|
| 2411 | + | |
---|
| 2412 | + | |
---|
| 2413 | + | |
---|
| 2414 | + | SB2227 Enrolled - 69 - LRB103 28861 AWJ 55246 b |
---|