Sen. Patricia Van Pelt

Filed: 2/25/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1219 as follows:
3on page 1, line 5, immediately after "3-101," by inserting
4"3-102,"; and
5on page 4, immediately below line 22, by inserting the
7    "(5 ILCS 312/3-102)  (from Ch. 102, par. 203-102)
8    Sec. 3-102. Notarial Record; Residential Real Property
10    (a) This Section shall apply to every notarial act in
11Illinois involving a document of conveyance that transfers or
12purports to transfer title to residential real property located
13in Cook County.
14    (b) As used in this Section, the following terms shall have
15the meanings ascribed to them:



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1        (1) "Document of Conveyance" shall mean a written
2    instrument that transfers or purports to transfer title
3    effecting a change in ownership to Residential Real
4    Property, excluding:
5            (i) court-ordered and court-authorized conveyances
6        of Residential Real Property, including without
7        limitation, quit-claim deeds executed pursuant to a
8        marital settlement agreement incorporated into a
9        judgment of dissolution of marriage, and transfers in
10        the administration of a probate estate;
11            (ii) judicial sale deeds relating to Residential
12        Real Property, including without limitation, sale
13        deeds issued pursuant to proceedings to foreclose a
14        mortgage or execute on a levy to enforce a judgment;
15            (iii) deeds transferring ownership of Residential
16        Real Property to a trust where the beneficiary is also
17        the grantor;
18            (iv) deeds from grantors to themselves that are
19        intended to change the nature or type of tenancy by
20        which they own Residential Real Property;
21            (v) deeds from a grantor to the grantor and another
22        natural person that are intended to establish a tenancy
23        by which the grantor and the other natural person own
24        Residential Real Property;
25            (vi) deeds executed to the mortgagee in lieu of
26        foreclosure of a mortgage; and



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1            (vii) deeds transferring ownership to a revocable
2        or irrevocable grantor trust where the beneficiary
3        includes the grantor.
4        (2) "Financial Institution" shall mean a State or
5    federally chartered bank, savings and loan association,
6    savings bank, credit union, or trust company.
7        (3) "Notarial Record" shall mean the written document
8    created in conformity with this Section by a notary in
9    connection with Documents of Conveyance.
10        (4) "Residential Real Property" shall mean a building
11    or buildings located in Cook County, Illinois and
12    containing one to 4 dwelling units or an individual
13    residential condominium unit.
14        (5) "Title Insurance Agent" shall have the meaning
15    ascribed to it under the Title Insurance Act.
16        (6) "Title Insurance Company" shall have the meaning
17    ascribed to it under the Title Insurance Act.
18    (c) A notary appointed and commissioned as a notary in
19Illinois shall, in addition to compliance with other provisions
20of this Act, create a Notarial Record of each notarial act
21performed in connection with a Document of Conveyance. The
22Notarial Record shall contain:
23        (1) The date of the notarial act;
24        (2) The type, title, or a description of the Document
25    of Conveyance being notarized, and the property index
26    number ("PIN") used to identify the Residential Real



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1    Property for assessment or taxation purposes and the common
2    street address for the Residential Real Property that is
3    the subject of the Document of Conveyance;
4        (3) The signature, printed name, and residence street
5    address of each person whose signature is the subject of
6    the notarial act and a certification by the person that the
7    property is Residential Real Property as defined in this
8    Section, which states "The undersigned grantor hereby
9    certifies that the real property identified in this
10    Notarial Record is Residential Real Property as defined in
11    the Illinois Notary Public Act".
12        (4) A description of the satisfactory evidence
13    reviewed by the notary to determine the identity of the
14    person whose signature is the subject of the notarial act;
15        (5) The date of notarization, the fee charged for the
16    notarial act, the Notary's home or business phone number,
17    the Notary's residence street address, the Notary's
18    commission expiration date, the correct legal name of the
19    Notary's employer or principal, and the business street
20    address of the Notary's employer or principal; and
21        (6) The notary public shall require the person signing
22    the Document of Conveyance (including an agent acting on
23    behalf of a principal under a duly executed power of
24    attorney), whose signature is the subject of the notarial
25    act, to place his or her right thumbprint on the Notarial
26    Record. If the right thumbprint is not available, then the



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1    notary shall have the party use his or her left thumb, or
2    any available finger, and shall so indicate on the Notarial
3    Record. If the party signing the document is physically
4    unable to provide a thumbprint or fingerprint, the notary
5    shall so indicate on the Notarial Record and shall also
6    provide an explanation of that physical condition. The
7    notary may obtain the thumbprint by any means that reliably
8    captures the image of the finger in a physical or
9    electronic medium.
10    (d) If a notarial act under this Section is performed by a
11notary who is a principal, employee, or agent of a Title
12Insurance Company, Title Insurance Agent, Financial
13Institution, or attorney at law, the notary shall deliver the
14original Notarial Record to the notary's employer or principal
15within 14 days after the performance of the notarial act for
16retention for a period of 7 years as part of the employer's or
17principal's business records. In the event of a sale or merger
18of any of the foregoing entities or persons, the successor or
19assignee of the entity or person shall assume the
20responsibility to maintain the Notarial Record for the balance
21of the 7-year business records retention period. Liquidation or
22other cessation of activities in the ordinary course of
23business by any of the foregoing entities or persons shall
24relieve the entity or person from the obligation to maintain
25Notarial Records after delivery of Notarial Records to the
26Recorder of Deeds of Cook County, Illinois.



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1    (e) If a notarial act is performed by a notary who is not a
2principal, employee, or agent of a Title Insurance Company,
3Title Insurance Agent, Financial Institution, or attorney at
4law, the notary shall deliver the original Notarial Record
5within 14 days after the performance of the notarial act to the
6Recorder of Deeds of Cook County, Illinois for retention for a
7period of 7 years, accompanied by a filing fee of $5.
8    (f) The Notarial Record required under subsection (c) of
9this Section shall be created and maintained for each person
10whose signature is the subject of a notarial act regarding a
11Document of Conveyance and shall be in substantially the
12following form:
14Date Notarized:
15Fee: $
16The undersigned grantor hereby certifies that the real property
17identified in this Notarial Record is Residential Real Property
18as defined in the Illinois Notary Public Act.
19Grantor's (Signer's) Printed Name:
20Grantor's (Signer's) Signature:
21Grantor's (Signer's) Residential Street Address, City, State,



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1and Zip:
2Type or Name of Document of Conveyance:
3PIN No. of Residential Real Property:
4Common Street Address of Residential Real Property:
5Thumbprint or Fingerprint:
6Description of Means of Identification:
7Additional Comments:
8Name of Notary Printed:
9Notary Phone Number:
10Commission Expiration Date:
11Residential Street Address of Notary, City, State, and Zip:
12Name of Notary's Employer or Principal:
13Business Street Address of Notary's Employer or Principal,
14City, State, and Zip:



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1    (g) No copies of the original Notarial Record may be made
2or retained by the Notary. The Notary's employer or principal
3may retain copies of the Notarial Records as part of its
4business records, subject to applicable privacy and
5confidentiality standards.
6    (h) The failure of a notary to comply with the procedure
7set forth in this Section shall not affect the validity of the
8Residential Real Property transaction in connection to which
9the Document of Conveyance is executed, in the absence of
11    (i) The Notarial Record or other medium containing the
12thumbprint or fingerprint required by subsection (c)(6) shall
13be made available or disclosed only upon receipt of a subpoena
14duly authorized by a court of competent jurisdiction. Such
15Notarial Record or other medium shall not be subject to
16disclosure under the Freedom of Information Act and shall not
17be made available to any other party, other than a party in
18succession of interest to the party maintaining the Notarial
19Record or other medium pursuant to subsection (d) or (e).
20    (j) In the event there is a breach in the security of a
21Notarial Record maintained pursuant to subsections (d) and (e)
22by the Recorder of Deeds of Cook County, Illinois, the Recorder
23shall notify the person identified as the "signer" in the
24Notarial Record at the signer's residential street address set
25forth in the Notarial Record. "Breach" shall mean unauthorized



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1acquisition of the fingerprint data contained in the Notarial
2Record that compromises the security, confidentiality, or
3integrity of the fingerprint data maintained by the Recorder.
4The notification shall be in writing and made in the most
5expedient time possible and without unreasonable delay,
6consistent with any measures necessary to determine the scope
7of the breach and restore the reasonable security,
8confidentiality, and integrity of the Recorder's data system.
9    (k) Subsections (a) through (i) shall not apply on and
10after July 1, 2013.
11    (l) (Blank). Beginning July 1, 2013, at the time of
12notarization, a notary public shall officially sign every
13notary certificate and affix the rubber stamp seal clearly and
14legibly using black ink, so that it is capable of photographic
15reproduction. The illegibility of any of the information
16required by this Section does not affect the validity of a
18(Source: P.A. 97-508, eff. 8-23-11.)".