Full Text of HB3672 99th General Assembly
HB3672enr 99TH GENERAL ASSEMBLY |
| | HB3672 Enrolled | | LRB099 11124 AWJ 31568 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 3-5010.10 as follows: | 6 | | (55 ILCS 5/3-5010.10 new) | 7 | | Sec. 3-5010.10. Property fraud alert system; registration | 8 | | by property owners and real estate professionals. | 9 | | (a) As used in this Section: | 10 | | "Property fraud alert system" means any electronic or | 11 | | automated alert system run by a county or by a third-party | 12 | | vendor, by whatever name, that informs a property owner by | 13 | | e-mail, telephone, or mail when a document is recorded with the | 14 | | county recorder that relates to a registered property. | 15 | | "Real estate professional" means a licensed real estate | 16 | | agent, attorney, closing agent, or agent of a title insurance | 17 | | company. | 18 | | (b) In a county that has a property fraud alert system, a | 19 | | recorder may create a registration form for a real estate | 20 | | professional to file with the recorder on behalf of a property | 21 | | owner to register the property owner in the county's property | 22 | | fraud alert system. The registration form must contain the | 23 | | following minimum information: |
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| 1 | | (1) A notice on the top of the form that property | 2 | | owners are not required to register with the county's | 3 | | property fraud alert system. | 4 | | (2) A description of the county's property fraud alert | 5 | | system; the name of the third-party vendor, if any, who | 6 | | operates the property fraud alert system; and the cost, if | 7 | | any, to the property owner of the property fraud alert | 8 | | system; | 9 | | (3) A portion to be completed by a property owner and | 10 | | real estate professional containing: | 11 | | (i) the property owner's name and mailing address; | 12 | | (ii) the Property Index Number (PIN) or unique | 13 | | parcel identification code of the property for which an | 14 | | alert will be created; | 15 | | (iii) the e-mail, telephone number, or mailing | 16 | | address the property owner would like to receive the | 17 | | alert; | 18 | | (iv) any information a third-party vendor who | 19 | | operates a county's property fraud alert system | 20 | | requires to register a property owner; | 21 | | (v) if required, payment method and billing | 22 | | information; | 23 | | (vi) a clear and conspicuous notice, immediately | 24 | | before the signatures, stating that the property owner | 25 | | understands that neither the recorder, nor a | 26 | | third-party vendor operating a county's property fraud |
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| 1 | | alert system, nor a real estate professional, nor any | 2 | | employees thereof shall be liable to the property owner | 3 | | should the property fraud alert system fail to alert | 4 | | the property owner of any document being recorded and | 5 | | that it is the property owner's responsibility to | 6 | | verify the information he or she has provided is | 7 | | correct and that he or she is registered with the | 8 | | property fraud alert system; | 9 | | (vii) a place for the property owner's signature; | 10 | | (viii) a place for the real estate professional's | 11 | | signature, if applicable, along with a statement | 12 | | indicating that the real estate professional is | 13 | | registered with the recorder and is allowed to file the | 14 | | registration form with the recorder; and | 15 | | (ix) a place to list up to 3 other persons to | 16 | | receive a property fraud alert, including each | 17 | | person's e-mail, telephone number, or address where he | 18 | | or she will receive the alert. | 19 | | (c) A property owner or real estate professional may file a | 20 | | completed and signed registration form with the recorder. When | 21 | | a recorder receives such a completed and signed registration | 22 | | form, the recorder shall complete the registration process for | 23 | | the property owner listed on the registration form by entering | 24 | | the information from the registration form into the property | 25 | | fraud alert system. | 26 | | (d) A real estate professional that wishes to file |
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| 1 | | registration forms with the recorder on behalf of property | 2 | | owners must first register with the recorder by verifying they | 3 | | are a licensed real estate agent, attorney, closing agent, or | 4 | | agent of a title insurance company. The recorder shall keep a | 5 | | list of all registered real estate professionals. | 6 | | (e) No county, recorder, third-party vendor operating a | 7 | | county's property fraud alert system, real estate | 8 | | professional, or any employees thereof shall be subject to | 9 | | liability, except for willful and wanton misconduct, for any | 10 | | error or omission in registering a property owner pursuant to | 11 | | this Section or for any damages caused by the failure of the | 12 | | property owner to be alerted of any document that was recorded | 13 | | that relates to a property registered under the owner's name. | 14 | | (f) A home rule unit shall not use or create a registration | 15 | | form for use by a real estate professional to register a | 16 | | property owner on the county's property fraud alert system that | 17 | | conflicts with this Section. This Section is a limitation under | 18 | | subsection (i) of Section 6 of Article VII of the Illinois | 19 | | Constitution on the concurrent exercise by home rule units of | 20 | | powers and functions exercised by the State. However, nothing | 21 | | in this Section shall prevent any person from signing up for a | 22 | | property fraud alert system by other means than those provided | 23 | | for in this Section, including, but not limited to, on a | 24 | | county's website or a third-party vendor's website that hosts a | 25 | | property fraud alert system.
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