Public Act 099-0075
 
HB3672 EnrolledLRB099 11124 AWJ 31568 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Counties Code is amended  by adding Section 
3-5010.10 as follows:
 
    (55 ILCS 5/3-5010.10  new)
    Sec. 3-5010.10. Property fraud alert system; registration 
by property owners and real estate professionals.
    (a) As used in this Section:
    "Property fraud alert system" means any electronic or 
automated alert system run by a county or by a third-party 
vendor, by whatever name, that informs a property owner by 
e-mail, telephone, or mail when a document is recorded with the 
county recorder that relates to a registered property.
    "Real estate professional" means a licensed real estate 
agent, attorney, closing agent, or agent of a title insurance 
company.
    (b) In a county that has a property fraud alert system, a 
recorder may create a registration form for a real estate 
professional to file with the recorder on behalf of a property 
owner to register the property owner in the county's property 
fraud alert system.  The registration form must contain the 
following minimum information:
        (1) A notice on the top of the form that property 
    owners are not required to register with the county's 
    property fraud alert system.
        (2) A description of the county's property fraud alert 
    system; the name of the third-party vendor, if any, who 
    operates the property fraud alert system; and the cost, if 
    any, to the property owner of the property fraud alert 
    system;
        (3) A portion to be completed by a property owner and 
    real estate professional containing:
            (i) the property owner's name and mailing address;
            (ii) the Property Index Number (PIN) or unique 
        parcel identification code of the property for which an 
        alert will be created;
            (iii) the e-mail, telephone number, or mailing 
        address the property owner would like to receive the 
        alert;
            (iv) any information a third-party vendor who 
        operates a county's property fraud alert system 
        requires to register a property owner;
            (v) if required, payment method and billing 
        information; 
            (vi) a clear and conspicuous notice, immediately 
        before the signatures, stating that the property owner 
        understands that neither the recorder, nor a 
        third-party vendor operating a county's property fraud 
        alert system, nor a real estate professional, nor any 
        employees thereof shall be liable to the property owner 
        should the property fraud alert system fail to alert 
        the property owner of any document being recorded and 
        that it is the property owner's responsibility to 
        verify the information he or she has provided is 
        correct and that he or she is registered with the 
        property fraud alert system;
            (vii) a place for the property owner's signature;
            (viii) a place for the real estate professional's 
        signature, if applicable, along with a statement 
        indicating that the real estate professional is 
        registered with the recorder and is allowed to file the 
        registration form with the recorder; and
            (ix) a place to list up to 3 other persons to 
        receive a property fraud alert, including each 
        person's e-mail, telephone number, or address where he 
        or she will receive the alert. 
    (c)  A property owner or real estate professional may file a 
completed and signed registration form with the recorder.  When 
a recorder receives such a completed and signed registration 
form, the recorder shall complete the registration process for 
the property owner listed on the registration form by entering 
the information from the registration form into the property 
fraud alert system.
    (d) A real estate professional that wishes to file 
registration forms with the recorder on behalf of property 
owners must first register with the recorder by verifying they 
are a licensed real estate agent, attorney, closing agent, or 
agent of a title insurance company.  The recorder shall keep a 
list of all registered real estate professionals.
    (e) No county, recorder, third-party vendor operating a 
county's property fraud alert system, real estate 
professional, or any employees thereof shall be subject to 
liability, except for willful and wanton misconduct, for any 
error or omission in registering a property owner pursuant to 
this Section or for any damages caused by the failure of the 
property owner to be alerted of any document that was recorded 
that relates to a property registered under the owner's name.
    (f) A home rule unit shall not use or create a registration 
form for use by a real estate professional to register a 
property owner on the county's property fraud alert system that 
conflicts with this Section. This Section is a limitation under 
subsection (i) of Section 6 of Article VII of the Illinois 
Constitution on the concurrent exercise by home rule units of 
powers and functions exercised by the State. However, nothing 
in this Section shall prevent any person from signing up for a 
property fraud alert system by other means than those provided 
for in this Section, including, but not limited to, on a 
county's website or a third-party vendor's website that hosts a 
property fraud alert system.