SB3703 104TH GENERAL ASSEMBLY

LRB104 20602 JRC 34093 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3703

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

20 ILCS 1205/6
55 ILCS 5/3-5018.2
55 ILCS 5/4-12002.3
735 ILCS 5/15-1301	from Ch. 110, par. 15-1301
765 ILCS 5/11	from Ch. 30, par. 10

Specifies that the amendatory Act may be referred to as the Affordability Crisis in Housing Act. Amends the Financial Institutions Act. Requires that the Department of Financial and Professional Regulation establish, maintain, and publish on its website a registry of nominees of mortgagees. Amends the Counties Code. Requires each county board to adopt revisions to its predictable fee schedule to include an additional $150 fee for a nominee of a mortgagee to record a mortgage, including an assignment, extension, amendment, or subordination, beginning no later than one year after the effective date of the amendatory Act. Creates an exception for the recording of a release of mortgage by the nominee of the mortgagee. Provides that of the additional $150, $120 is to be collected by the county as an additional Rental Housing Support Program State surcharge and deposited into the Rental Housing Support Program Fund, and $30 is to be collected by the county as a county fee with $25 to be used by the county for development and maintenance of its affordable housing capacity and $5 to be deposited into the recorder's special funds created to defray the cost of providing electronic or automated access to the county's property records. Amends the Code of Civil Procedure. Provides that a lien is not created if a nominee of a mortgagee fails to provide the recorder with the cover sheet required to accompany a mortgage under the Conveyances Act. Amends the Conveyances Act. Requires that all mortgages or assignments of mortgage recorded by or for a nominee must be recorded with a cover sheet explaining any fees that are charged, the identity of the nominee of the mortgagee, and the process that may be used by the mortgagor to track the mortgage.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be referred to as the Affordability Crisis in Housing Act.

Section 3. Legislative intent.

(a) In 2005, the General Assembly found that there was a compelling State interest in enacting the Rental Housing Support Program Act because in many parts of this State large numbers of citizens were unable to secure affordable rental housing.

(b) Twenty years later, the General Assembly finds that the issue of affordability has progressed into a severe crisis requiring immediate attention and additional resources. The Rental Housing Support Program Act is the only source of State funding currently available to severely cost-burdened renters. One in 3 Illinois households currently pays more than one-third of their income toward rent, and one in 6 households pay over one-half of their income in rent. An additional 294,000 affordable rental units are needed in the State to meet the needs of these households. Illinois should build on the successes of the Rental Housing Support Program Act to meet this current crisis. The Rental Housing Support Program receives a small portion of real estate recording fees, but it is estimated that a majority of mortgages recorded in Illinois are recorded by a nominee and use private databases to track later assignments. This private mortgage tracking loophole leads to a significant loss of recording fees, including those collected under the Counties Code for purposes of the Rental Housing Support Program.

(c) Private mortgage tracking systems make it difficult for Illinois homeowners to find information on the current and past owners of their mortgages because the ability of clerks' and recorders' offices to track these mortgages is impaired. The private tracking loophole is widely considered to have contributed significantly to the 2008 mortgage foreclosure crisis and continues to burden homeowners and introduce instability into the mortgage market.

Section 5. The Financial Institutions Act is amended by changing Section 6 as follows:

(20 ILCS 1205/6)

Sec. 6. General powers and duties. In addition to the powers and duties provided by law and imposed elsewhere in this Act, the Division has the following powers and duties:

(1) To administer and enforce the Consumer Installment Loan Act and its implementing rules.

(2) To administer and enforce the Currency Exchange Act and its implementing rules.

(3) To administer and enforce the Debt Management Service Act and its implementing rules.

(4) To administer and enforce the Debt Settlement Consumer Protection Act and its implementing rules.

(5) To administer and enforce the Illinois Development Credit Corporation Act and its implementing rules.

(6) To administer and enforce the Payday Loan Reform Act and its implementing rules.

(7) To administer and enforce the Safety Deposit License Act and its implementing rules.

(8) To administer and enforce the Sales Finance Agency Act and its implementing rules.

(9) To administer and enforce the Title Insurance Act and its implementing rules.

(10) To administer and enforce the Transmitters of Money Act and its implementing rules.

(11) To administer and enforce the Predatory Loan Prevention Act and its implementing rules.

(12) To administer and enforce the Motor Vehicle Retail Installment Sales Act and its implementing rules.

(13) To administer and enforce the Retail Installment Sales Act and its implementing rules.

(14) To administer and enforce the Illinois Credit Union Act and its implementing rules.

(15) To administer and enforce the Collection Agency Act and its implementing rules.

(16) To administer and enforce the Consumer Legal Funding Act and its implementing rules.

(17) To administer and enforce this Act and any other Act administered by the Director or Division.

(18) To authorize and administer examinations to ascertain the qualifications of applicants and licensees for which the examination is held.

(19) To conduct hearings in proceedings to revoke, suspend, refuse to renew, or take other disciplinary action regarding licenses, charters, certifications, registrations, or authorities of persons as authorized in any Act administered by the Division.

(20) To establish, maintain, and publish on its public website a registry of nominees of mortgagees as defined in Section 11 of the Conveyances Act and to adopt and enforce rules necessary for the administration and enforcement of the Affordability Crisis in Housing Act including, but not limited to, rules concerning the maintenance of a nonpublic administrative database that is only accessible by county clerks.

Whenever the Division is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files that is necessary to fulfill the request.

(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-975, eff. 1-1-23; 103-154, eff. 6-30-23; 103-1014, eff. 8-9-24.)

Section 10. The Counties Code is amended by changing Sections 3-5018.2 and 4-12002.3 as follows:

(55 ILCS 5/3-5018.2)

Sec. 3-5018.2. Predictable fee schedule for recordings in first and second class counties.

(a) The fees of the recorder in counties of the first and second class for recording deeds or other instruments in writing and maps of plats of additions, subdivisions, or otherwise and for certifying copies of records shall be paid in advance and shall conform to this Section. The fees or surcharges shall not, unless otherwise provided in this Section, be based on the individual attributes of a document to be recorded, including, but not limited to, page count; number, length, or type of legal descriptions; number of tax identification or other parcel-identifying code numbers; units; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document. The fees charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State and county surcharges.

(b) A county of the first or second class shall adopt and implement, by ordinance or resolution, a predictable fee schedule as provided in subsection (c) that eliminates surcharges or fees based on the individual attributes of a document to be recorded. If a county has previously adopted an ordinance or resolution adopting a predictable fee schedule, the county must adopt an ordinance or resolution revising that predictable fee schedule to be consistent with this Section. After a document class predictable fee is approved by a county board consistent with this Section, the county board may, by ordinance or resolution, increase the document class predictable fee and collect the increased fees if the established fees are not sufficient to cover the costs of providing the services related to the document class for which the fee is to be increased.

For the purposes of the fee charged, the ordinance or resolution shall divide documents into the classifications specified in subsection (c), and shall establish a single, all-inclusive county and State-imposed aggregate predictable fee charged for each classification of document at the time of recording for that document. Each document, unless otherwise provided in this Section, shall fall within one of the document class predictable fee classifications set by subsection (c), and fees for each document class shall be charged only as allowed by this Section.

Before approval of an ordinance or resolution under this subsection that creates or modifies a predictable fee schedule, the recorder or county clerk shall post a notice in the recorder's or clerk's office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class predictable fees for each classification, and a reference to this Section and this amendatory Act of the 103rd General Assembly. A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted, unless the fee schedule was previously created and the ordinance or resolution is a modification allowed under this Section.

Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class predictable fee when the document class predictable fee is not increased or precludes an alternate predictable fee schedule for electronic recording within each of the classifications under subsection (c).

The county board may, by ordinance or resolution, increase the fees allowed in the predictable fee schedule if the increase is justified by an acceptable cost study or internal analysis of a minimum of 3 years showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service.

A statement of the cost of providing each service, program, and activity shall be prepared by the county board. All supporting documents to the statement are public records and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program, and activity.

If the Rental Housing Support Program State surcharge is amended and the surcharge is increased or lowered, the aggregate amount of the document predictable fee attributable to the surcharge in the document may be changed accordingly. If any fee or surcharge is changed by State statute, the county may increase the document class fees by the same amount without any cost study.

(c) A predictable fee schedule ordinance or resolution adopted under this Section shall list document fees, including document class predictable fees. The document classes shall be as follows:

(1) Deeds. The aggregate fee for recording deeds shall not be less than $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge). Inclusion of language in the deed as to any restriction; covenant; lien; oil, gas, or other mineral interest; easement; lease; or a mortgage shall not alter the classification of a document as a deed.

(2) Leases, lease amendments, and similar transfer of interest documents. The aggregate fee for recording leases, lease amendments, and similar transfers of interest documents shall not be less than $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge).

(3) Mortgages. The aggregate fee for recording mortgages, including assignments, extensions, amendments, subordinations, and mortgage releases shall not be less than $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge unless otherwise provided in subsection (c-1)).

(4) Easements not otherwise part of another classification. The aggregate fee for recording easements not otherwise part of another classification, including assignments, extensions, amendments, and easement releases not filed by a State agency, unit of local government, or school district, shall not be less than $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge).

(5) Nonstandard documents. Any document presented that does not conform to the following standards, even if it may qualify for another document class, may be recorded under this document class (5) if the nonstandard document allows a legible reproduction of the document presented:

(A) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound, and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee.

(B) The document shall be legibly printed in black ink by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly.

(C) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used only for non-essential notations that will not affect the validity of the document, including, but not limited to, form numbers, page numbers, and customer notations.

(D) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner.

(E) The document shall not have any attachment stapled or otherwise affixed to any page.

(F) The document makes specific reference to 5 or fewer tax parcels, units, property identification numbers, or document numbers.

The aggregate fee for recording a nonstandard document shall not be less than $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge). A county may adopt by ordinance and publish with its fee schedule an additional fee or formula for a document that makes specific reference to more than 5 tax parcels, units, property identification numbers, or document numbers.

(6) (Blank).

(7) Miscellaneous. The aggregate fee for recording documents that do not otherwise fall within classifications under paragraphs (1) through (6) or paragraph (8) or (9) and that are not otherwise exempted documents shall not be less than $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge).

(8) Maps or plats of additions, subdivisions, or otherwise. For recording maps or plats of additions, subdivisions, or otherwise, the minimum fee shall be $50.

(9) Other. Documents presented that meet the following criteria shall be charged as follows, notwithstanding document classes (1) through (8):

(A) A document recorded pursuant to the Uniform Commercial Code shall be charged as provided in the Uniform Commercial Code or as otherwise by law.

(B) A State tax lien or a federal tax lien shall be charged as otherwise provided by law or ordinance, except that the minimum fee that shall be collected from the Department of Revenue for filing or indexing a tax lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a tax lien is $11, and the minimum fee that shall be collected from the Department of Revenue or Internal Revenue Service for indexing each additional name in excess of one for any lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $1.

(C) A document recorded by a unit of local government, State agency, or public utility, as that term is defined in Section 3-105 of the Public Utilities Act, may be charged a minimum fee for any instrument presented for recording that falls under the guideline of the predictable fee schedule as follows: a $12 county fee, a $3 GIS fee, and a $3 automation fee, document storage fee, or both. Fees under this subparagraph may be increased or any other applicable fee may be imposed if adopted by a county board resolution or ordinance and justified by an acceptable cost study showing that the fees allowed by this subparagraph are not sufficient to cover the cost of providing the service.

(D) For recording any document that affects an interest in real property, other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone, or other public service, the recorder shall charge a minimum fee of $1 per document to all filers of documents not filed by any State agency, any unit of local government, any public utility, as that term is defined in Section 3-105 of the Public Utilities Act, or any school district. Half of the fee shall be deposited into the county general revenue fund. The remaining half shall be deposited into the County Recorder Document Storage System Fund and may not be appropriated or expended for any other purpose. The additional amounts available to the recorder for expenditure from the County Recorder Document Storage System Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder.

(c-1) Notwithstanding any other provision of this Section, each county board of a county of the first or second class shall, by ordinance or resolution, adopt revisions to the predictable fee schedule it has established under subsection (c) to provide that, beginning no later than one year after the effective date of this amendatory Act of the 104th General Assembly, the aggregate fee for a nominee of a mortgagee to record a mortgage, including an assignment, extension, amendment, or subordination, shall not be less than the aggregate fee provided under paragraph (3) of subsection (c) plus an additional $150 per document. Of the additional $150, $120 shall be collected by the county as an additional Rental Housing Support Program State surcharge and deposited into the Rental Housing Support Program Fund as provided in this Section, and $30 shall be collected by the county as an additional county fee. Of the additional $30 county fee, $25 shall be used by the county for development and maintenance of its affordable housing capacity, and $5 shall be deposited into the recorder's special funds created under Section 3-5005.4 to defray the cost of providing electronic or automated access to the county's property records. The recorder may, at the recorder's discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of providing electronic or automated access to the county's property records. The additional fee described in this subsection (c-1) does not apply if the document to be filed is a release of mortgage by the nominee of a mortgagee. As used in this Section, "nominee of a mortgagee" means any person or entity who (i) serves as mortgagee in the land records for a mortgage loan registered on a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members and (ii) is a nominee or agent for the owner of the promissory note or the subsequent buyer, transferee, or beneficial owner of the note.

(d) For certified and non-certified copies of records, the recorder and county may set a predictable fee for all copies that does not exceed the highest total recording fee in any established document classes, unless the copy fee is otherwise provided in statute or ordinance. The total fee for a certified copy of a map or plat of an addition, subdivision, or otherwise may not exceed $200.

The fees allowed under this subsection apply to all records, regardless of when they were recorded, based on current recording fees. These predictable fees for certified and non-certified copies shall apply to portions of documents and to copies provided in any format, including paper, microfilm, or electronic. A county may adopt a per-line pricing structure for copies of information in database format.

(e) As provided under subsection (c), the recorder shall collect an $18 Rental Housing Support Program State surcharge for the recordation of any real estate-related document. As provided under subsection (c-1), the recorder shall collect an additional $120 Rental Housing Support Program State surcharge for the recordation of any document that is subject to the fee described in subsection (c-1). Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate-related document by the recorder. The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder.

The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, unit of local government, or school district.

On the 15th day of each month, each county recorder shall report to the Department of Revenue, on a form prescribed by the Department, the number of real estate-related documents recorded for which the Rental Housing Support Program State surcharge was collected. Each recorder shall submit $18 of each surcharge collected in the preceding month to the Department of Revenue and the Department shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program.

As used in this subsection, "real estate-related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act.

(f) A county board in counties of the first and second class may allow, by ordinance, a recorder to charge the following fees in addition to those fees otherwise allowed under this Section:

(1) Automation fee. A minimum automation fee of $3 may be charged for filing every instrument, paper, or notice for record in order to defray the cost of converting the recorder's document storage system to computers or micrographics and in order to defray the cost of providing access to records through the Internet. A special fund shall be established by the treasurer of a county, and the moneys collected through the automation fee shall be deposited into the special fund and used for a document storage system to provide the equipment, materials, and necessary expenses incurred to help defray the costs of implementing and maintaining the document record system and for a system to provide electronic access to those records.

(2) GIS fee. In a county that provides and maintains a countywide map through a geographic information system, a minimum GIS fee of $3 may be charged for filing every instrument, paper, or notice for record in order to defray the cost of implementing or maintaining the county's geographic information system and in order to defray the cost of providing electronic or automated access to the county's geographic information system or property records. Of that amount, a minimum of $2 must be deposited into a special fund established by the treasurer of the county, and any moneys collected through the GIS fee shall be deposited into that special fund and used for the equipment, materials, and necessary expenses incurred in implementing and maintaining the geographic information system and to defray the cost of providing electronic access to the county geographic information system records. The remaining $1 must be deposited into the recorder's special funds created under Section 3-5005.4. The recorder may, at the recorder's discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of implementing or maintaining the county's geographic information system and to defray the cost of providing electronic access to the county's geographic information system records.

(Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25.)

(55 ILCS 5/4-12002.3)

Sec. 4-12002.3. Predictable fee schedule for recordings in third class counties.

(a) The fees of the recorder in counties of the third class for recording deeds or other instruments in writing and maps of plats of additions, subdivisions, or otherwise and for certifying copies of records shall be paid in advance and shall conform to this Section. The fees or surcharges shall not, unless otherwise provided in this Section, be based on the individual attributes of a document to be recorded, including, but not limited to, page count; number, length, or type of legal descriptions; number of tax identification or other parcel-identifying code numbers; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document. The fees charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State and county surcharges.

(b) A county of the third class shall adopt and implement, by ordinance or resolution, a predictable fee schedule as provided in subsection (c) that eliminates surcharges or fees based on the individual attributes of a document to be recorded. If a county has previously adopted an ordinance or resolution adopting a predictable fee schedule, the county must adopt an ordinance or resolution revising that predictable fee schedule to be consistent with this Section. After a document class predictable fee is approved by a county board consistent with this Section, the county board may, by ordinance or resolution, increase the document class predictable fee and collect the increased fees if the established fees are not sufficient to cover the costs of providing the services related to the document class for which the fee is to be increased.

For the purposes of the fee charged, the ordinance or resolution shall divide documents into the classifications specified in subsection (c), and shall establish a single, all-inclusive county and State-imposed aggregate predictable fee charged for each classification of document at the time of recording for that document. Each document, unless otherwise provided in this Section, shall fall within one of the document class predictable fee classifications set by subsection (c), and fees for each document class shall be charged only as allowed by this Section.

Before approval of an ordinance or resolution under this subsection that creates or modifies a predictable fee schedule, the recorder or county clerk shall post a notice in the recorder's or clerk's office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class predictable fees for each classification, and a reference to this Section and this amendatory Act of the 103rd General Assembly. A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted, unless the fee schedule was previously created and the ordinance or resolution is a modification allowed under this Section.

Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class predictable fee when the document class predictable fee is not increased or precludes an alternate predictable fee schedule for electronic recording within each of the classifications under subsection (c).

If the Rental Housing Support Program State surcharge is amended and the surcharge is increased or lowered, the aggregate amount of the document predictable fee attributable to the surcharge in the document may be changed accordingly. If any fee or surcharge is changed by State statute, the county may increase the document class fees by the same amount without any cost study.

(c) A predictable fee schedule ordinance or resolution adopted under this Section shall list document fees, including document class predictable fees. The document classes shall be as follows:

(1) Deeds. The aggregate fee for recording deeds shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge). Inclusion of language in the deed as to any restriction; covenant; lien; oil, gas, or other mineral interest; easement; lease; or a mortgage shall not alter the classification of a document as a deed.

(2) Leases, lease amendments, and similar transfer of interest documents. The aggregate fee for recording leases, lease amendments, and similar transfers of interest documents shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge).

(3) Mortgages. The aggregate fee for recording mortgages, including assignments, extensions, amendments, subordinations, and mortgage releases shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge unless otherwise provided in subsection (c-1)).

(4) Easements not otherwise part of another classification. The aggregate fee for recording easements not otherwise part of another classification, including assignments, extensions, amendments, and easement releases not filed by a State agency, unit of local government, or school district, shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge).

(5) Irregular documents. Any document presented that does not conform to the following standards, even if it may qualify for another document class, may be recorded under this document class (5) if the irregularity allows a legible reproduction of the document presented:

(A) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound, and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee.

(B) The document shall be legibly printed in black ink by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly.

(C) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used only for non-essential notations that will not affect the validity of the document, including, but not limited to, form numbers, page numbers, and customer notations.

(D) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner.

(E) The document shall not have any attachment stapled or otherwise affixed to any page.

The aggregate fee for recording an irregular document shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge).

(6) Blanket recordings. For any document that makes specific reference to more than 5 tax parcels or property identification numbers, or makes reference to 5 or more document numbers, the aggregate fee shall be not less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge). A county may adopt by ordinance and publish with its fee schedule an additional fee or formula for each parcel, property identification number, or document reference, above 5, contained in an accepted document.

(7) Miscellaneous. The aggregate fee for recording documents not otherwise falling within classifications under paragraphs (1) through (6) and are not otherwise exempted documents shall not be less than $39 (being a minimum $21 county fee plus $18 for the Rental Housing Support Program State surcharge).

(c-1) Notwithstanding any other provision of this Section, each county board of a county of the third class shall, by ordinance or resolution, adopt revisions to the predictable fee schedule it has established under subsection (c) to provide that, beginning no later than one year after the effective date of this amendatory Act of the 104th General Assembly, the aggregate fee for a nominee of a mortgagee to record a mortgage, including an assignment, extension, amendment, or subordination, shall not be less than the aggregate fee provided under paragraph (3) of subsection (c) plus an additional $150 per document. Of the additional $150, $120 shall be collected by the county as an additional Rental Housing Support Program State surcharge and deposited into the Rental Housing Support Program Fund as provided in this Section, and $30 shall be collected by the county as an additional county fee. Of the additional $30 county fee, $25 shall be used by the county for development and maintenance of its affordable housing capacity and $5 shall be deposited into the recorder's special funds created under Section 3-5005.4 to defray the cost of providing electronic or automated access to the county's property records. The recorder may, at the recorder's discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of providing electronic or automated access to the county's property records. The additional fee described in this subsection (c-1) does not apply if the document to be filed is a release of mortgage by the nominee of a mortgagee. As used in this Section, "nominee of a mortgagee" means any person or entity who (i) serves as mortgagee in the land records for a mortgage loan registered on a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members and (ii) is a nominee or agent for the owner of the promissory note or the subsequent buyer, transferee, or beneficial owner of the note.

(d) For recording maps or plats of additions, subdivisions, or otherwise (including the spreading of the same of record in well bound books), $100 plus $2 for each tract, parcel, or lot contained in the map or plat.

(e) Documents presented that meet the following criteria shall be charged as otherwise provided by law or ordinance:

(1) a document recorded pursuant to the Uniform Commercial Code; or

(2) a State lien or a federal lien.

Notwithstanding any other provision in this Section: (i) the maximum fee that may be collected from the Department of Revenue for filing or indexing a lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $5; and (ii) the maximum fee that may be collected from the Department of Revenue for indexing each additional name in excess of one for any lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $1.

(f) For recording any document that affects an interest in real property, other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone, or other public service, the recorder shall charge a minimum fee of $1 per document to all filers of documents not filed by any State agency, any unit of local government, or any school district. Half of the fee shall be deposited into the county general revenue fund. The remaining half shall be deposited into the County Recorder Document Storage System Fund and may not be appropriated or expended for any other purpose. The additional amounts available to the recorder for expenditure from the County Recorder Document Storage System Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder.

(g) For certified and non-certified copies of records, the recorder and county may set a predictable fee for all copies that does not exceed the highest total recording fee in any established document classes, unless the copy fee is otherwise provided in statute or ordinance. The total fee for a certified copy of a map or plat of an addition, subdivision, or otherwise may not exceed $200.

The fees allowed under this subsection apply to all records, regardless of when they were recorded, based on current recording fees. These predictable fees for certified and non-certified copies shall apply to portions of documents and to copies provided in any format, including paper, microfilm, or electronic. A county may adopt a per-line pricing structure for copies of information in database format.

(h) As provided under subsection (c), the recorder shall collect an $18 Rental Housing Support Program State surcharge for the recordation of any real estate-related document. As provided under subsection (c-1), the recorder shall collect an additional $120 Rental Housing Support Program State surcharge for the recordation of any document that is subject to the fee described in subsection (c-1). Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate-related document by the recorder. The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder.

The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, unit of local government, or school district.

On the 15th day of each month, each county recorder shall report to the Department of Revenue, on a form prescribed by the Department, the number of real estate-related documents recorded for which the Rental Housing Support Program State surcharge was collected. Each recorder shall submit $18 of each surcharge collected in the preceding month to the Department of Revenue and the Department shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program.

As used in this subsection, "real estate-related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act.

(Source: P.A. 103-400, eff. 1-1-24.)

Section 15. The Code of Civil Procedure is amended by changing Section 15-1301 as follows:

(735 ILCS 5/15-1301) (from Ch. 110, par. 15-1301)

Sec. 15-1301. Lien Created. It Except as provided in Section 15-1302, from the time a mortgage is recorded it shall be a lien from the time that a mortgage is recorded upon the real estate that is the subject of the mortgage for all monies advanced or applied or other obligations secured in accordance with the terms of the mortgage or as authorized by law, including the amounts specified in a judgment of foreclosure in accordance with subsection (d) of Section 15-1603, unless otherwise provided in Section 15-1302 or unless the nominee of a mortgagee fails to provide the recorder with the cover sheet required to accompany a mortgage under the Conveyances Act.

(Source: P.A. 84-1462.)

Section 20. The Conveyances Act is amended by changing Section 11 as follows:

(765 ILCS 5/11) (from Ch. 30, par. 10)

Sec. 11. (a) Mortgages of lands may be substantially in the following form:

The Mortgagor (here insert name or names), mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or otherwise), the following described real estate (here insert description thereof), situated in the County of ...., in the State of Illinois.

Dated (insert date).

(signature of mortgagor or mortgagors)

The names of the parties shall be typed or printed below the signatures. Such form shall have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder. However, the failure to comply with the requirement that the names of the parties be typed or printed below the signatures and that the form have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder shall not affect the validity and effect of such form.

Such mortgage, when otherwise properly executed, shall be deemed and held a good and sufficient mortgage in fee to secure the payment of the moneys therein specified; and if the same contains the words "and warrants," the same shall be construed the same as if full covenants of ownership, good right to convey against incumbrances of quiet enjoyment and general warranty, as expressed in Section 9 of this Act were fully written therein; but if the words "and warrants" are omitted, no such covenants shall be implied. When the grantor or grantors in such deed or mortgage for the conveyance of any real estate desires to release or waive his, her or their homestead rights therein, they or either of them may release or waive the same by inserting in the form of deed or mortgage (as the case may be), provided in Sections 9, 10 and 11, after the words "State of Illinois," in substance the following words, "hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this State."

Mortgages securing "reverse mortgage" loans shall be subject to this Section except where requirements concerning the definiteness of the term and amount of indebtedness provisions of a mortgage would be inconsistent with the Acts authorizing "reverse mortgage" loans, or rules and regulations promulgated under those Acts.

Mortgages securing "revolving credit" loans shall be subject to this Section.

(b) The provisions of subsection (a) regarding the form of a mortgage are, and have always been, permissive and not mandatory. Accordingly, the failure of an otherwise lawfully executed and recorded mortgage to be in the form described in subsection (a) in one or more respects, including the failure to state the interest rate or the maturity date, or both, shall not affect the validity or priority of the mortgage, nor shall its recordation be ineffective for notice purposes regardless of when the mortgage was recorded.

(c) As used in this Section, "nominee of a mortgagee" means any person or entity who (i) serves as mortgagee in the land records for a mortgage loan registered on a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members and (ii) is a nominee or agent for the owner of the promissory note or the subsequent buyer, transferee or beneficial owner of the note.

All mortgages or assignments of mortgage recorded by or for a nominee of a mortgagee must be recorded with a cover sheet that evidences the mortgagor's consent for that instrument to be recorded by or for a nominee of a mortgagee. The Department of Financial and Professional Regulation must create a cover sheet template and accompanying guidance for nominee recordings that requires the disclosure to the borrower of, among other things:

(1) the identity and contact information for the lender and the nominee;

(2) a notice that a lender may not require the use of a nominee;

(3) a notice of all additional fees passed along to the borrower as a result of the use of a nominee; and

(4) a notice nominee's website address for borrower to access the current and past holders of the borrower's mortgage.

If the recorded document includes a predatory lending certificate cover sheet as required by the Residential Real Property Disclosure Act, the required cover sheet under this subsection must be on page 1 of the cover sheet so that it can be read before the predatory lending certificate cover sheet.

(Source: P.A. 97-1164, eff. 6-1-13.)