94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2569


 
Introduced 1/20/2006, by Sen. Miguel del Valle - Jacqueline Y. Collins
 
SYNOPSIS AS INTRODUCED:
 		













55 ILCS 5/3-5046 new






30 ILCS 805/8.30 new










    Amends the Counties Code. Requires the county recorder to administer a system to notify owners of the filing of a quitclaim deed on their property. Sets forth the requirements for the notification system. Preempts home rule powers.  Amends the State Mandates Act to require implementation without reimbursement. 
















LRB094 18917 RSP 54391 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY






STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
					
















 


 


A BILL FOR









 











SB2569

LRB094 18917 RSP 54391 b






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    AN ACT concerning local government.

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


 
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    Section 5. The Counties Code is amended  by adding Section 
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3-5046 as follows:
 
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    (55 ILCS 5/3-5046  new)
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    Sec. 3-5046. Quitclaim notification.
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    (a) Upon the  recording or filing of a quitclaim deed on any 
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property within the county, the recorder of deeds must register 
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the deed on the property as "temporary subject to 
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notification".
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    Upon recording or filing of a quitclaim deed on any 
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property within the county, the recorder of deeds must generate 
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a notification postcard that must be sent to  the previous owner 
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at the address stated on the most recent tax bill for the 
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property.  The postcard must state that a quitclaim deed has 
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been filed on the owner's property, the date of the filing, the 
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location of the recorder's office, and any other information 
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deemed necessary by the recorder.  The postcard must advise the 
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owner to contact the Recorder's office concerning the property 
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transfer.
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    If after 5 business days, the previous owners have not 
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contacted the recorder's office, a second notice must be 
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generated and sent to the previous owner.  The second notice 
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contain the same information as the first and also state that 
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it is a second notice.
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    After 5 business days, the Recorder shall remove the 
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"temporary subject to notification" designation from the 
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recently filed deed.
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    (b) Nothing in this Act precludes any other remedy under 
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law.
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    (c) If the previous owner wishes to contest the quitclaim 
 


 






SB2569
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LRB094 18917 RSP 54391 b




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deed filed on their property, then the owner must bring an 
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action to quiet title and notify the recorder's office that 
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such an action has been brought.
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    (d) The recorder is not required to generate a  notice under 
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this Section if the all previous owners, as stated on the most 
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recent tax bill,  personally appear at the recorder's office and 
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present the recorder with proper photo identification, 
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evidence of previous ownership, and any other documentation 
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that the recorder deems necessary in advance.
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    (e) No county, including a home rule county, may act in a 
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manner inconsistent with this Section. This Section is a denial 
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and limitation of home rule powers under subsection (g) of 
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Section 6 of Article VII of the Illinois Constitution.

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.30 as follows:
 
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    (30 ILCS 805/8.30 new)
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    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 94th General Assembly.