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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/Div. 3-5
(55 ILCS 5/Div. 3-5 heading)
Division 3-5.
Recorder
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55 ILCS 5/3-5001
(55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
Sec. 3-5001. County clerk as recorder; election of recorder. The county clerk in counties having a population of less than
60,000 inhabitants shall be the recorder in the clerk's county.
In counties having a population of 60,000 or more inhabitants, there
shall be elected a recorder, as provided by law, who shall hold
office until a successor is qualified.
If the population of any county in which a recorder has been elected
decreases to less than 60,000, the voters of that county shall continue to
elect a recorder if the county board adopts a resolution to continue the
office of an elected recorder.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5002
(55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
Sec. 3-5002. Bond. Every recorder, whether elected as such or
holding the office of recorder in addition to the office of county clerk as
hereinbefore provided, shall, before entering upon the duties of the
office, give bonds (or, if the county is self-insured, the county through its
self-insurance program may provide bonding), with sufficient security to be
approved by the circuit court, payable to the People of the State of Illinois,
in the penal sum of $10,000 (except that in counties having a population of
60,000 or more inhabitants the penalty of the bond shall be $20,000),
conditioned for the faithful discharge of the recorder's duties, and to deliver up
all papers, books, records and other things appertaining to the office,
whole, safe and undefaced, when lawfully required so to do - which bond shall
be filed in the office of the Secretary of State, and a copy thereof filed of
record in the court.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5003
(55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
Sec. 3-5003. Oath. Each recorder, before entering upon the duties of
the office, shall take and subscribe to the oath or affirmation prescribed
by Section 3, Article XIII of the Constitution, which shall be filed with
the county clerk.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5004
(55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
Sec. 3-5004. Commencement of duties. The recorder shall enter upon
the duties of the office on the first day in the month of December
following the recorder's election on which the office of the recorder is required, by
statute or by action of the county board, to be open. The recorder shall be
commissioned by the Governor.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5005
(55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
Sec. 3-5005. Functions, powers and duties of recorder. The functions
and powers of the recorders shall be uniform in the various counties of
this State. The recorder has those functions, powers, and duties as provided
in this Division.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5005.1
(55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
Sec. 3-5005.1. Appointment of deputies, assistants and personnel. The recorder shall appoint deputies, assistants, and personnel to assist
the recorder in the performance of the recorder's duties.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5005.2
(55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
Sec. 3-5005.2. Internal operations of office. The recorder
shall have the right to control the internal
operations of the office; to procure necessary equipment, materials and
services to perform the duties of the office. The recorder shall have the
right to select the computer or micrographic system to be used for document
storage and retrieval. The recorder may retain the services of management
or consulting firms to establish or maintain such a system.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5005.3 (55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3) Sec. 3-5005.3. Monthly report of financial status. The recorder shall file a monthly report with the county clerk summarizing the financial status of the office in such form as shall be determined by the county board. (Source: P.A. 103-400, eff. 1-1-24 .) |
55 ILCS 5/3-5005.4 (55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4) Sec. 3-5005.4. Deposit of fee income; special funds. The recorder shall deposit in the office of the county treasurer monthly by the 10th day of the month following, all fee income. The recorder may maintain the following special funds from which the county board shall authorize payment by voucher between board meetings: (a) Overpayments. (b) Reasonable amount needed during the succeeding | | accounting period to pay office expenses, postage, freight, express or similar charges.
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| (c) Excess earnings from the sale of revenue stamps
| | to be maintained in a fund to be used for the purchase of additional stamps from the Illinois Department of Revenue.
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| (d) Fund to pay necessary travel, dues and other
| | expenses incurred in attending workshops, educational seminars and organizational meetings established for the purpose of providing in-service training.
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| (e) Trust funds and for such other purposes as may be
| | (f) Such other funds as may be authorized by the
| | county board. The recorder shall make accounting monthly to the county board through the county clerk of all special funds maintained by the recorder in the discharge of the recorder's duties.
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| (Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5005.5
(55 ILCS 5/3-5005.5) (from Ch. 34, par. 3-5005.5)
Sec. 3-5005.5.
Compensation of deputies and employees.
Compensation of deputies and employees shall be fixed by the recorder
subject to budgetary limitations established by the county board.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5006
(55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
Sec. 3-5006. Appointment of deputies in writing. Appointments of deputies shall be in writing, and entered upon the
records of the office.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5007 (55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007) Sec. 3-5007. Oath of deputies. Each deputy shall, before entering upon the deputy's duties, take and subscribe an oath or affirmation, in like form as is required of the recorder, which shall be filed in the office of the recorder. (Source: P.A. 103-400, eff. 1-1-24 .) |
55 ILCS 5/3-5008
(55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
Sec. 3-5008. Powers of deputies. Deputy recorders duly appointed
and qualified may perform any and all duties of the recorder in the name of
the recorder, and the acts of such deputies shall be held to be the acts of
the recorder, and in case of the death of the recorder or the recorder's deposition
from office, the chief deputy shall thereupon become the acting recorder
until such vacancy shall be filled according to the Election Code, and the chief deputy
shall file a like bond and be vested with the same powers and subject to
the same responsibilities and entitled to the same compensation as in case
of recorder. Provided, that if the recorder is called into the active
military service of the United States, the office shall not be deemed to be
vacant during the time the recorder is in the active military service of the United
States, but during the time the recorder is in such active military service of the
United States the chief deputy recorder shall be the recorder, and shall perform
and discharge all of the duties of the recorder in such county, and shall
be paid the same compensation as provided by law for the recorder of the
county unless compensated at a higher rate than the recorder as chief deputy, apportioned as to the time of service, and the chief deputy recorder
shall cease to be the recorder upon the discharge of said recorder from the
active military service of the United States; and provided further, that
the chief deputy recorder, upon becoming the temporary recorder during the
absence of the recorder in the active military service of the United
States, shall give bond as required of a regularly elected recorder.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5009
(55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
Sec. 3-5009. Recorder liable for deputies. The recorder shall be
liable for any neglect or omission of the duties of the office, when
occasioned by a deputy, in the same manner as for the recorder's own personal neglect
or omission.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5010 (55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010) (Text of Section before amendment by P.A. 103-884 ) Sec. 3-5010. Duties of recorder. Every recorder shall, as soon
as practicable after the receipt of any instrument in writing in the
office, entitled to be recorded, record the same at length in the order of
time of its reception, in well bound books or computer databases to be provided for that purpose.
In counties of 500,000 or more inhabitants, the recorder may
microphotograph or otherwise reproduce on film any of such instruments in
the manner provided by law. In counties of less than 500,000 inhabitants,
the recorder may cause to be microphotographed or otherwise reproduced on
film any of such instruments or electronic method of storage. When any such instrument is reproduced on film or electronic method of storage, the film or electronic method of storage shall
comply with the minimum standards of quality approved for records of the State Records Commission and the device used to
reproduce the records on the film or electronic method of storage shall be one which accurately reproduces
the contents of the original. (Source: P.A. 103-400, eff. 1-1-24 .) (Text of Section after amendment by P.A. 103-884 ) Sec. 3-5010. Duties of recorder. Every recorder shall, as soon as practicable after the receipt of any instrument in writing in the office, entitled to be recorded, record the same at length in the order of time of its reception, in well bound books or computer databases to be provided for that purpose. In counties of 500,000 or more inhabitants, the recorder may microphotograph or otherwise reproduce on film or store electronically any of such instruments in the manner provided by law. In counties of less than 500,000 inhabitants, the recorder may cause to be microphotographed or otherwise reproduced on film any of such instruments or electronic method of storage. When any such instrument is reproduced on film or electronic method of storage, the film or electronic method of storage shall comply with the minimum standards of quality approved for records of the State Records Commission and the device used to reproduce the records on the film or electronic method of storage shall be one which accurately reproduces the contents of the original. (Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25.) |
55 ILCS 5/3-5010.5 (55 ILCS 5/3-5010.5) Sec. 3-5010.5. Fraud referral and review. (a) Legislative findings. The General Assembly finds that property fraud, including fraudulent filings intended to cloud or fraudulently transfer title to property by recording false or altered documents and deeds, is a rapidly growing problem throughout the State. In order to combat the increase in the number of these filings, a recorder may establish a process to review and refer documents suspected to be fraudulent. (b) Definitions. The terms "recording" and "filing" are used interchangeably in this Section. (c) Establishment and use of a fraud referral and review process. A recorder who establishes a fraud referral and review process under the provisions of this Section may use it to review deeds and instruments and refer any of them to an administrative law judge for review pursuant to subsection (g) of this Section that cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. The recorder may enter into an intergovernmental agreement with local law enforcement officials for the purposes of this referral and review. A recorder may request that the Secretary of the Department of Financial and Professional Regulation assist in reviewing possible fraudulent filings. Upon request, the Secretary, or the Secretary's designee, shall assist in identifying the validity of filings. The recorder shall notify the Secretary when a document suspected to be fraudulent is discovered. In counties with a population of less than 3 million, a recorder shall provide public notice 90 days before the establishment of the fraud referral and review process. The notice shall include a statement of the recorder's intent to create a fraud referral and review process and shall be published in a newspaper of general circulation in the county and, if feasible, posted on the recorder's website and at the recorder's office or offices. In determining whether to refer a document to an administrative law judge for review, a recorder may take into consideration any of the following factors: (1) whether the owner of the property or owner's | | designated representative has reported to the recorder that another individual is attempting or has attempted to record a fraudulent deed or other instrument upon the property;
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| (2) whether a law enforcement official has contacted
| | the recorder indicating that the law enforcement official has probable cause to suspect title or recording fraud;
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| (3) whether the filer's name has a copyright
| | attached to it or the property owner's name has nonstandard punctuation attached to it;
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| (4) whether the documents assert fines that do not
| | exist or have no basis under current law or that require payment in gold or silver;
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| (5) whether the documents are maritime liens, or
| | liens under the Federal Maritime Lien Act or the Preferred Ship Mortgage Act, or not authorized by the United States Coast Guard;
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| (6) whether the documents are land patents not
| | authorized and certified by the United States Department of the Interior Bureau of Land Management;
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| (7) whether the documents are representing that the
| | subject of the lien is releasing itself from a lien held by another entity, with no apparent cooperation or authorization provided by the lienholder;
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| (8) whether the documents are protesting or
| | disputing a foreclosure proceeding that are not filed within the foreclosure suit and with the court presiding over the matter;
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| (9) whether the documents are Uniform Commercial Code
| | filings referencing birth certificates or other private records that are not in compliance with Section 9-501 of the Uniform Commercial Code;
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| (10) whether the documents are re-recording deeds to
| | re-notarize or attach notary certification if prior notarization already appears unaltered on the document of record;
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| (11) whether the documents are asserting diplomatic
| | credentials or immunity, non-United States citizenship, or independence from the laws of the United States;
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| (12) whether the documents are claims that a bank
| | cannot hold title after a foreclosure;
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| (13) whether the documents are deeds not properly
| | signed by the last legal owner of record or the owner's court-appointed representative or attorney-in-fact under a power of attorney;
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| (14) whether the documents are manipulated or
| | altered federal or State legal or court forms that release a lien;
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| (15) whether a document is not related to a valid
| | existing or potential adverse transaction, existing lien, or judgment of a court of competent jurisdiction;
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| (16) a document that is not related to a valid
| | existing or potential commercial or financial transaction, existing agricultural or other lien, or judgment of a court of competent jurisdiction;
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| (17) whether the document is filed with the intent to
| | harass or defraud the person identified in the record or any other person;
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| (18) whether the document is filed with the intent to
| | harass or defraud any member of a governmental office, including, but not limited to, the recorder's office, local government offices, the State of Illinois, or the Federal government; and
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| (19) whether the documents are previous court
| | determinations, including a previous determination by a court of competent jurisdiction that a particular document is fraudulent, invalid, or forged.
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| (d) Determinations. If a recorder determines, after review by legal staff and counsel, that a deed or instrument that is recorded in the grantor's index or the grantee's index may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property, the recorder shall refer the deed or instrument to an administrative law judge for review pursuant to subsection (g) of this Section. The recorder shall record a Notice of Referral in the grantor's index or the grantee's index identifying the document, corresponding document number in question, and the date of referral. The recorder shall also notify the parties set forth in subsection (e) of this Section. The recorder may, at the recorder's discretion, notify law enforcement officials regarding a filing determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property.
(e) Notice. The recorder shall use county property tax records to identify and provide notice to the last owner of record by telephone, if available, and certified mail both when: (1) a deed or instrument has been referred for review and determination; and (2) a final determination has been made regarding the deed or instrument. Notice, by mail, shall also be sent to the physical address of the property associated with the deed or instrument.
(f) Administrative decision. The recorder's decision to add a Notice of Referral and refer a document for review is a final administrative decision that is subject to review by the circuit court of the county where the real property is located under the Administrative Review Law. The standard of review by the circuit court shall be de novo.
(g) Referral and review process. Prior to referral, the recorder shall notify the last owner of record of the document or documents suspected to be fraudulent. The person, entity, or legal representative thereof shall confirm in writing the person's, entity's, or legal representative's belief that a document or documents are suspected to be fraudulent and may request that the recorder refer the case for review. Upon request, the recorder shall bring a case to its county department of administrative hearings and, within 10 business days after receipt, an administrative law judge shall schedule a hearing to occur no later than 30 days after receiving the referral. The referral and case shall clearly identify the person, persons, or entity believed to be the last true owner of record as the petitioner. Notice of the hearing shall be provided by the administrative law judge to the filer, or the party represented by the filer, of the suspected fraudulent document, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the referral.
If clear and convincing evidence shows the document in question to be fraudulent, the administrative law judge shall rule the document to be fraudulent and forward the judgment to all the parties identified in this subsection. Upon receiving notice of the judgment of fraud, the recorder shall, within 5 business days, record a new document that includes a copy of the judgment in front of the Notice of Referral that shall clearly state that the document in question has been found to be fraudulent and shall not be considered to affect the chain of title of the property in any way.
If the administrative law judge finds the document to be legitimate, the recorder shall, within 5 business days after receiving notice, record a copy of the judgment.
A decision by an administrative law judge shall not preclude a State's attorney or sheriff from proceeding with a criminal investigation or criminal charges. If a county does not have an administrative law judge that specializes in public records, one shall be appointed within 3 months after the effective date of this amendatory Act of the 98th General Assembly, or the original case shall be forwarded to the proper circuit court with jurisdiction.
Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the review and referral, or the filer of the document or documents suspected to be fraudulent. Nothing in this Section requires a person or entity who may have had a fraudulent document or encumbrance filed against the person's or entity's property to use the fraud review and referral process or administrative review created by this Section.
(h) Fees. The recorder shall retain any filing fees associated with filing a deed or instrument that is determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property under this Section.
(i) Liability. Neither a recorder nor any of the recorder's employees or agents shall be subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in case of willful or wanton conduct. Neither the recorder nor any of the recorder's employees shall incur liability for the referral or review, or failure to refer or review, a document or instrument under this Section.
(j) Applicability. This Section applies only to filings provided to the recorder on and after the effective date of this amendatory Act of the 98th General Assembly.
(k) (Blank).
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5010.7 (55 ILCS 5/3-5010.7) Sec. 3-5010.7. (Repealed).
(Source: P.A. 99-439, eff. 1-1-16. Repealed internally, eff. 1-1-19.) |
55 ILCS 5/3-5010.8 (55 ILCS 5/3-5010.8) (Section scheduled to be repealed on January 1, 2026) Sec. 3-5010.8. Mechanics lien demand and referral pilot program. (a) Legislative findings. The General Assembly finds that expired mechanics liens on residential property, which cloud title to property, are a rapidly growing problem throughout the State. In order to address the increase in expired mechanics liens and, more specifically, those that have not been released by the lienholder, a recorder may establish a process to demand and refer mechanics liens that have been recorded but not litigated or released in accordance with the Mechanics Lien Act to an administrative law judge for resolution or demand that the lienholder commence suit or forfeit the lien. (b) Definitions. As used in this Section: "Demand to Commence Suit" means the written demand specified in Section 34 of the Mechanics Lien Act. "Mechanics lien" and "lien" are used interchangeably in this Section. "Notice of Expired Mechanics Lien" means the notice a recorder gives to a property owner under subsection (d) informing the property owner of an expired lien. "Notice of Referral" means the document referring a mechanics lien to a county's code hearing unit. "Recording" and "filing" are used interchangeably in this Section. "Referral" or "refer" means a recorder's referral of a mechanics lien to a county's code hearing unit to obtain a determination as to whether a recorded mechanics lien is valid. "Residential property" means real property improved with not less than one nor more than 4 residential dwelling units; a residential condominium unit, including, but not limited to, the common elements allocated to the exclusive use of the condominium unit that form an integral part of the condominium unit and any parking unit or units specified by the declaration to be allocated to a specific residential condominium unit; or a single tract of agriculture real estate consisting of 40 acres or less that is improved with a single-family residence. If a declaration of condominium ownership provides for individually owned and transferable parking units, "residential property" does not include the parking unit of a specified residential condominium unit unless the parking unit is included in the legal description of the property against which the mechanics lien is recorded. (c) Establishment of a mechanics lien demand and referral process. After a public hearing, a recorder in a county with a code hearing unit may adopt rules establishing a mechanics lien demand and referral process for residential property. A recorder shall provide public notice 90 days before the public hearing. The notice shall include a statement of the recorder's intent to create a mechanics lien demand and referral process and shall be published in a newspaper of general circulation in the county and, if feasible, be posted on the recorder's website and at the recorder's office or offices. (d) Notice of Expired Lien. If a recorder determines, after review by legal staff or counsel, that a mechanics lien recorded in the grantor's index or the grantee's index is an expired lien, the recorder shall serve a Notice of Expired Lien by certified mail to the last known address of the owner. The owner or legal representative of the owner of the residential property shall confirm in writing the owner's or legal representative's belief that the lien is not involved in pending litigation and, if there is no pending litigation, as verified and confirmed by county court records, the owner may request that the recorder proceed with a referral or serve a Demand to Commence Suit. For the purposes of this Section, a recorder shall determine if a lien is an expired lien. A lien is expired if a suit to enforce the lien has not been commenced or a counterclaim has not been filed by the lienholder within 2 years after the completion date of the contract as specified in the recorded mechanics lien. The 2-year period shall be increased to the extent that an automatic stay under Section 362(a) of the United States Bankruptcy Code stays a suit or counterclaim to foreclose the lien. If a work completion date is not specified in the recorded lien, then the work completion date is the date of recording of the mechanics lien. (e) Demand to Commence Suit. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to serve a Demand to Commence Suit, the recorder shall serve a Demand to Commence Suit on the lienholder of the expired lien as provided in Section 34 of the Mechanics Lien Act. A recorder may request that the Secretary of State assist in providing registered agent information or obtain information from the Secretary of State's registered business database when the recorder seeks to serve a Demand to Commence suit on the lienholder. Upon request, the Secretary of State, or the Secretary of State's designee, shall provide the last known address or registered agent information for a lienholder who is incorporated or doing business in the State. The recorder must record a copy of the Demand to Commence suit in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number and the date of demand. The recorder may, at the recorder's discretion, notify the Secretary of State regarding a Demand to Commence suit determined to involve a company, corporation, or business registered with that office. When the lienholder commences a suit or files an answer within 30 days or the lienholder records a release of lien with the county recorder as required by subsection (a) of Section 34 of the Mechanics Lien Act, then the demand and referral process is completed for the recorder for that property. If service under this Section is responded to consistent with Section 34 of the Mechanics Lien Act, the recorder may not proceed under subsection (f). If no response is received consistent with Section 34 of the Mechanics Lien Act, the recorder may proceed under subsection (f). (f) Referral. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to proceed with a referral, the recorder shall: (i) file the Notice of Referral with the county's code hearing unit; (ii) identify and notify the lienholder by telephone, if available, of the referral and send a copy of the Notice of Referral by certified mail to the lienholder using information included in the recorded mechanics lien or the last known address or registered agent received from the Secretary of State or obtained from the Secretary of State's registered business database; (iii) send a copy of the Notice of Referral by mail to the physical address of the property owner associated with the lien; and (iv) record a copy of the Notice of Referral in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number. The Notice of Referral shall clearly identify the person, persons, or entity believed to be the owner, assignee, successor, or beneficiary of the lien. The recorder may, at the recorder's discretion, notify the Secretary of State regarding a referral determined to involve a company, corporation, or business registered with that office. No earlier than 30 business days after the date the lienholder is required to respond to a Demand to Commence Suit under Section 34 of the Mechanics Lien Act, the code hearing unit shall schedule a hearing to occur at least 30 days after sending notice of the date of hearing. Notice of the hearing shall be provided by the county recorder, by and through the recorder's representative, to the filer, or the party represented by the filer, of the expired lien, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the Notice of Referral. If the recorder shows by clear and convincing evidence that the lien in question is an expired lien, the administrative law judge shall rule the lien is forfeited under Section 34.5 of the Mechanics Lien Act and that the lien no longer affects the chain of title of the property in any way. The judgment shall be forwarded to all parties identified in this subsection. Upon receiving judgment of a forfeited lien, the recorder shall, within 5 business days, record a copy of the judgment in the grantor's index or the grantee's index. If the administrative law judge finds the lien is not expired, the recorder shall, no later than 5 business days after receiving notice of the decision of the administrative law judge, record a copy of the judgment in the grantor's index or the grantee's index. A decision by an administrative law judge is reviewable under the Administrative Review Law, and nothing in this Section precludes a property owner or lienholder from proceeding with a civil action to resolve questions concerning a mechanics lien. A lienholder or property owner may remove the action from the code hearing unit to the circuit court as provided in subsection (i). (g) Final administrative decision. The recorder's decision to refer a mechanics lien or serve a Demand to Commence Suit is a final administrative decision that is subject to review under the Administrative Review Law by the circuit court of the county where the real property is located. The standard of review by the circuit court shall be consistent with the Administrative Review Law. (h) Liability. A recorder and the recorder's employees or agents are not subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in the case of willful or wanton conduct. The recorder and the recorder's employees or agents are not liable for the decision to refer a lien or serve a Demand to Commence Suit, or failure to refer or serve a Demand to Commence Suit, of a lien under this Section. (i) Private actions; use of demand and referral process. Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the mechanics lien or a decision by the code hearing unit. Nothing in this Section requires a person or entity who may have a mechanics lien recorded against the person's or entity's property to use the mechanics lien demand and referral process created by this Section. A lienholder or property owner may remove a matter in the referral process to the circuit court at any time prior to the final decision of the administrative law judge by delivering a certified notice of the suit filed in the circuit court to the administrative law judge. Upon receipt of the certified notice, the administrative law judge shall dismiss the matter without prejudice. If the matter is dismissed due to removal, then the demand and referral process is completed for the recorder for that property. If the circuit court dismisses the removed matter without deciding on whether the lien is expired and without prejudice, the recorder may reinstitute the demand and referral process under subsection (d). (j) Repeal. This Section is repealed on January 1, 2026. (Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24; 103-563, eff. 11-17-23 .) |
55 ILCS 5/3-5010.10 (55 ILCS 5/3-5010.10) 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.
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| (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
| | (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.
(Source: P.A. 99-75, eff. 1-1-16 .)
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55 ILCS 5/3-5011
(55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
Sec. 3-5011. Office to remain open during bank holiday. Whenever an emergency exists which involves the banking or credit
structure within the State of Illinois, and which is recognized by a
proclamation by the Governor or by an act or resolution of the General
Assembly, and by such proclamation of the Governor a public holiday has
been or shall be declared, the proclamation of such public holiday shall
not require the recorder or registrar of titles in any county in
this State to close the recorder's or registrar's office, but every such recorder or
registrar of titles shall continue to keep the recorder's or registrar's office open and to operate
in the same manner as though no such public holiday had been declared,
unless in and by such proclamation the Governor of this State shall make
specific reference to the closing of recorders' or registrars' offices in
this State. The actions of any recorder or registrar of titles
performed prior to May 26, 1933 and during the continuance of any such
holiday, are validated.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5012
(55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
Sec. 3-5012. Recording and indexing books. Separate books and computer databases may be
kept for the recording and indexing of different classes of instruments.
Three distinct series of document numbers may be used for recording
documents received for recordation, one series of numbers to be preceded by
the letter "b" in each case, which series shall be used only for bills of
sale of personal property, chattel mortgages and releases, extensions and
assignments, thereof, one series of numbers to be preceded by the letter
"c" in each case, which series shall be used only for certificates of
discharge of discharged members of the military, aviation and naval forces
of the United States, and the other series of document numbers shall be
used for all other instruments received for recordation. When three series
of document numbers are thus used, a separate place may be provided in the
Recorder's office for the receipt of each kind of documents to which such
serial numbers apply.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5013
(55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
Sec. 3-5013. Transcription or reproduction of written instruments. The recorder, when recording at length instruments in writing in the
office, may transcribe the instruments in handwriting or typewriting, make
photographic or photostatic reproductions of the instruments, or transcribe
the instruments partly in handwriting or typewriting and make photographic
or photostatic reproductions of the remaining portions of the instruments.
Every document, however, shall be filed in a complete and intelligible
manner. The recorder may not accept facsimile or other photographic or
photostatic copies of the signatures of parties executing documents without
labeling those signatures as copies unless they are digital signatures submitted under federal or State law. When photographic or photostatic
reproductions are used, the recorder shall first be satisfied that the
reproductions are as lasting and durable as handwritten or typewritten
copies. The reproductions may be upon sheets bound together in well bound
books or placed in books that are permanently locked so that the sheets
cannot be tampered with or removed. When instruments are reproduced by
microphotography, digital scanning, or reproduced on film as provided in this
Section the reproduction thus made shall be deemed the record for
all purposes.
(Source: P.A. 103-400, eff. 1-1-24 .)
|
55 ILCS 5/3-5014 (55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014) Sec. 3-5014. Mortgages or liens filed but not recorded. Upon receipt of any mortgage, trust deed or conveyance of personal property having the effect of a mortgage or lien upon such property, upon which is indorsed the words, "this instrument to be filed, but not recorded" or words of a similar import, signed by the mortgagee, the mortgagee's agent or attorney, and upon payment of a fee equal to what would be charged if the document were to be recorded, the recorder shall mark the instrument "filed", endorse the time (including the hour of the day) of the receipt thereof and file the same in the office. Each instrument filed as above shall be numbered and indexed by the recorder in the book wherein the recorder alphabetically indexes chattel mortgages and shall refer to the number appearing on the filed instrument. The recorder may destroy any instrument filed but not recorded in the manner hereinabove provided, one year after the maturity thereof as stated therein; except, no such instrument may be destroyed until one year after the maturity of the last extension thereof filed in the recorder's office. (Source: P.A. 103-400, eff. 1-1-24 .) |
55 ILCS 5/3-5015
(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
Sec. 3-5015. Certificates of discharge or release from active duty. Certificates of discharge or MEMBER-4 copy of certificate of release or
discharge from active duty of honorably discharged or separated members of
the military, aviation and naval forces of the United States shall be
recorded by each recorder, free of charge, in a separate book or computer database which shall
be kept for the purpose. The recorder in counties of over 500,000
population shall as soon as practicable after the recording of the original
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, deliver to each of the persons named in the
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, or the person's agent, one certified copy of the person's discharge
certificate or MEMBER-4 copy of certificate of release or discharge from
active duty without charge. Additional certified copies shall be furnished
by the recorder upon the payment to the recorder of a fee
of $1.25, payable in advance, for each such additional certified copy. The recorder may waive the fee for reasonable requests for additional copies if the recorder deems collecting the fee to be a burden to the county, but only if the fee is waived for all reasonable requests for additional copies under this Section.
Upon the delivery of the certificate of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty after the recordation
thereof is completed, and the delivery of one certified copy thereof to the
person named in the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty or the person's agent, the receipt
theretofore issued by the recorder, or a copy thereof shall be
surrendered to the recorder, with a signed statement acknowledging
the receipt of the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty and the certified copy thereof.
Certified copies of the certificates of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty furnished by the
recorder may vary from the size of the original, if in the
judgment of the recorder, such certified copies are complete and
legible.
A military discharge form (DD-214) or any other certificate of discharge or
release from active duty document that was issued by the United States
government or any state government in reference to those who served with an
active or inactive military reserve unit or National Guard force and that was
recorded by a County Clerk or Recorder of Deeds is not subject to public
inspection, enjoying all the protection covered by the federal Privacy Act of
1974 or any other
privacy law. These documents shall be accessible only to the person named in
the document, the named person's dependents, the county veterans' service
officer, representatives of the Department of Veterans' Affairs, or any person
with
written authorization from the named person or the named person's dependents. Notwithstanding any other provision in this paragraph, these documents shall be made available for public inspection and copying in accordance with the archival schedule adopted by the National Archives and Records Administration and subject to redaction of information that is considered private under the Illinois Freedom of Information Act, the federal Freedom of Information Act, and the federal Privacy Act.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5016
(55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
Sec. 3-5016. Quarters; office hours. Every recorder shall keep the recorder's
office at the courthouse of the county for which the recorder was elected recorder, or in
counties of the second or third class in some other suitable building
provided at the county seat by the county for which the person was elected and
shall keep the office open except as hereinafter provided and attend to the
duties thereof in counties of the first and second classes from 8 o'clock
A.M. to 5 o'clock P.M. of each working day, except Saturday and Sunday, and in
counties of the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
working day, except Saturday and Sunday. The hours of opening and closing of
the office of the recorder may be changed and otherwise fixed and
determined by the county board of any county. Any such action taken by the
county board shall be by an appropriate resolution passed at a regular
meeting. The office of the recorder shall accept instruments for
recordation at all times during which the office is open.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5017 (55 ILCS 5/3-5017) (from Ch. 34, par. 3-5017) Sec. 3-5017. (Repealed). (Source: P.A. 86-962. Repealed by P.A. 103-400, eff. 1-1-24 .) |
55 ILCS 5/3-5018 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) Sec. 3-5018. (Repealed). (Source: P.A. 102-1135, eff. 7-1-23. Repealed by P.A. 103-400, eff. 1-1-24 .) |
55 ILCS 5/3-5018.1 (55 ILCS 5/3-5018.1) Sec. 3-5018.1. (Repealed). (Source: P.A. 102-1135, eff. 7-1-23. Repealed by P.A. 103-400, eff. 1-1-24 .) |
55 ILCS 5/3-5018.2 (55 ILCS 5/3-5018.2) (Text of Section before amendment by P.A. 103-884 ) 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; 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). 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).
|
| (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) 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 $31 (being a minimum $13 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 $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 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 $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge).
|
| (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
| | (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. 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 .)
(Text of Section after amendment by P.A. 103-884 )
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).
|
| (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.
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| (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.
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| (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.
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| (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. 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.
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| (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.
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| (Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25.)
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55 ILCS 5/3-5019
(55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
Sec. 3-5019. Monthly list of conveyances. Immediately following each
calendar month, the recorder, in counties with less than 1,000,000
inhabitants shall, upon their request, transmit copies of all documents,
plats and deeds conveying real property to the county clerk, the county
treasurer, the tax map department, the supervisor of assessments and the
township assessor for which the office shall be paid by the county the usual and
customary fee charged by the recorder for furnishing such documents.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5020
(55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
Sec. 3-5020. Information to accompany conveyance documents.
(a) In counties of the first and second class no recorder shall
record any conveyance of real estate unless the conveyance contains the
name and address of the grantee for tax billing purposes.
(b) In counties with 3,000,000 or more inhabitants, the county recorder
shall not accept for filing any deed or assignment of beneficial interest
in a land trust in a transaction which is exempt from filing a real estate
transfer declaration under the provisions of Section 4 of the Real Estate
Transfer Tax Act, unless the deed or assignment of a beneficial interest is
accompanied by,
(1) a sworn or affirmed statement executed by the | | grantor or the grantor's agent stating that, to the best of the grantor's or the grantor's agent's knowledge, the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois Corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois, and
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(2) a sworn or affirmed statement executed by the
| | grantee or the grantee's agent verifying that the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois. Any person who knowingly submits a false statement required under this Section concerning the identity of a grantee is guilty of a Class C misdemeanor. A second or subsequent conviction of such offense is a Class A misdemeanor.
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(c) In the event that the document of conveyance is a trustee's deed
issued under resignation by a land trustee, the statements pursuant
to paragraphs (1) and (2) of subsection (b) shall not be required, but the
trustee's deed shall instead be accompanied by a sworn or affirmed statement
executed by the grantor land trustee stating that the trustee's deed has been
issued pursuant to resignation by the trustee, and that the name of the grantee
shown on the trustee's deed is the name of the beneficiary of the trust as the trustee's
name appears in the trust files as of the date of resignation.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5020.5 (55 ILCS 5/3-5020.5) Sec. 3-5020.5. Information concerning recorded or filed instruments. Each instrument recorded or filed with the county recorder must contain the following: (1) The name and address of the person to whom the | | instrument is to be returned.
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| (2) The recorder's document number of any instrument
| | (i) referred to in the instrument being recorded or filed or (ii) relating to the instrument being recorded or filed, such as, without limitation, the recorder's document number of a mortgage when the instrument being recorded or filed is a release of that mortgage.
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| (3) The book and page number, if applicable, or
| | document number of any instrument (i) referred to in the instrument being recorded or filed or (ii) relating to the instrument being recorded or filed.
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| (Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5021
(55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
Sec. 3-5021.
Recording or registering instruments transferring
title to real estate or a beneficial interest in real estate subject to a
land trust. If any home rule municipality has levied a real estate transfer
tax and a certified copy of the ordinance or resolution levying the tax,
specifying the rates and the design and denomination of stamps evidencing
payment thereof, has been on file with the county recorder for at least
30 days, the recorder of that county may not accept for recording or for
registration any instrument transferring title to real estate in that
municipality, or the beneficial interest in real estate in that
municipality which is the subject of a land trust, for which revenue stamps
are required to be purchased without proof of payment of the
municipal real estate transfer tax.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5022
(55 ILCS 5/3-5022) (from Ch. 34, par. 3-5022)
Sec. 3-5022.
Identification of person preparing instrument affecting
title to real estate. No recorder shall record any instrument affecting
title to real estate unless the name and address of the person who prepared
and drafted such instruments is printed, typewritten or stamped on the face
thereof in a legible manner, but the validity and effect of the record of
any such instrument shall not be lessened or impaired by the fact that it
does not comply with the provisions of this Section. An instrument
complies with this Section if it contains a statement in substantially
the following form:
"This instrument was prepared by
(Name) .................., (Address) ......................."
This Section does not apply to any instrument executed before the effective
date of this Section, nor to the following: (a) an order or judgment
or process of any court; (b) a will; (c) a death certificate; or (d) an
instrument executed or acknowledged outside of this State.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5023
(55 ILCS 5/3-5023) (from Ch. 34, par. 3-5023)
Sec. 3-5023.
Receipt.
On the receipt of any instrument in
writing for recording or filing in a recorder's office, the recorder shall,
when requested, give to the person leaving the same to be recorded or
filed, a receipt therefor.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5024
(55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
Sec. 3-5024. Certificate of time of filing. When any instrument
in writing is recorded in the recorder's office, the recorder shall indorse
upon such instrument a certificate of the time (including the hour of the
day) when the same was received for recordation (which shall be considered
the time of recording the same), and the book and page or document number by and in which the same is
recorded. The recorder shall sign the certificate or shall affix the recorder's
facsimile signature thereto. A physical or electronic image of the recorder's stamp satisfies the signature requirement for recorded instruments prior to, on, and after the effective date of this amendatory Act of the 102nd General Assembly.
The certificate, when signed by the recorder, or to which the recorder has affixed
the recorder's facsimile signature or a physical or electronic image of the recorder's stamp, shall be evidence of the facts therein stated.
(Source: P.A. 102-838, eff. 5-13-22; 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5025
(55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
Sec. 3-5025. Books. Every recorder shall keep the following books or computer databases:
1. An entry book, in which the recorder shall, | | immediately on the receipt of any instrument to be recorded or filed, enter, in the order of its reception, the names of the parties thereto, its date, the day of the month, hour and year of receiving the same, and a brief description of the premises, indorsing upon each instrument a number corresponding with the number of such entry.
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2. A grantor's index, in which shall be entered the
| | name of each grantor, in alphabetical order, the name of the grantee, date of the instrument, time of receipt, kind of instrument, consideration, the book and page in which it is recorded, or the number under which it is filed, and a brief description of the premises.
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3. A grantee's index, in which shall be entered the
| | name of each grantee, in alphabetical order, the name of the grantor, date of the instrument, time of receipt, kind of instrument, consideration, the book and page in which it is recorded, or the number under which it is filed, and a brief description of the premises.
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4. An index to each book or computer database of
| | record, in which shall be entered, in alphabetical order, the name of each grantor and grantee, and the page number in which or reference number to which the instrument is recorded.
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5. When required by the county board, an abstract
| | book, which shall show by tracts every conveyance or incumbrance recorded, the date of the instrument, time of filing the same, the book and page where the same is recorded; which book shall be so kept as to show a true chain of title to each tract and the incumbrances thereon, as shown by the records of the office.
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6. An index to recorded maps, plats and subdivisions,
| | such index to be made by description of land mapped, or subdivided by range, township, Section, quarter-section, etc.
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7. An index showing in alphabetical order the names
| | of the parties against whom judgments have been rendered or made and transcripts or memoranda of such judgments have been recorded, and the parties named in notices recorded pursuant to Section 1 of "An Act concerning constructive notice of condemnation proceedings, proceedings to sell real property of decedents to pay debts, or other suits seeking equitable relief involving real property, and proceedings in bankruptcy" approved June 11, 1917, as amended.
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8. An index of all ordinances, petitions, assessment
| | rolls, orders, judgments or other documents filed or recorded in respect of any drainage or special assessment matter sufficient to enable the public to identify all tracts involved therein and to locate all the documents which have been filed or recorded. The recorder may solicit the assistance of the State Records Commission in organizing and indexing these documents.
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Any recorder may install or contract for the use of a computerized
system that will permit automated entry and indexing, alphabetically by
document, of instruments filed in the office and that will provide both
quick search and retrieval of such entries and hard copy print output,
whether on paper, optical disk media, or microfilm, of such entries as
indexed. If such a computerized system has been in use in the office
for at least 6 months and the recorder determines that it provides accurate and
reliable indices that may be stored as permanent records, more quickly and
efficiently than the system previously used, the recorder may thereafter
discontinue the use of the manual system and use only the computerized system
for such indices. In that event, references in this Division to books, records
or forms as relate to such indices are intended to encompass and refer to the
computer system and all materials and forms directly related to that system and
its proper use.
This Section is subject to the Local Records Act.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5026
(55 ILCS 5/3-5026) (from Ch. 34, par. 3-5026)
Sec. 3-5026.
Name and address of grantee or grantees.
No deed or other instrument which transfers the title to real property
may be recorded unless and until the name and address of the grantee or
grantees appear on its face.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5027
(55 ILCS 5/3-5027) (from Ch. 34, par. 3-5027)
Sec. 3-5027.
Real estate index number system; counties of less
than 1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a permanent real estate index number system which shall describe
all real estate in the county by township, Section, block, and parcel or
lot, the street or post office address, if any, and street code number, if
any, of such real estate. The recorder having established such index number
system shall be the sole authority in the county to designate
and assign index numbers and may establish and maintain cross indexes of
numbers assigned with the complete legal description of the real estate
to which such numbers relate. Such index number system may be used by the
supervisor of assessments or board of assessors, as the case may be, in
counties of less than 1,000,000 population for the purposes of assessment
and collection of taxes. If a real estate index number system is being
maintained by an authority other than the recorder on September 8, 1980,
the county board may approve the adoption, modification or expansion of
such system by the recorder and the recorder shall thereafter designate and
assign all index numbers under said system. All indexes established
hereunder shall be open to public inspection and shall be made available to
the public during regular business hours.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5028
(55 ILCS 5/3-5028) (from Ch. 34, par. 3-5028)
Sec. 3-5028.
Map making department; counties of less than
1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a map making department which shall have sole authority over the
preparation, maintenance and designation of maps and up-to-date lists of
property owners names and addresses required for use by the county,
including but not limited to, those maps and lists used for assessment
purposes.
If the recorder establishes a map making department pursuant
to such ordinance or resolution, then such department shall supersede the
authority of any other person or agency previously charged with the
responsibility for map making.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5029
(55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
Sec. 3-5029.
Map, plat or subdivision of land;
penalty. No person shall offer or present for
recording or record any map, plat or subdivision of land situated in any
incorporated city, town or village, nor within 1 1/2 miles of the corporate
limits of any incorporated city, town or village which has adopted a city
plan and is exercising the special powers authorized by Division 12 of
Article 11 of the Illinois Municipal
Code, as now or hereafter amended, and not included in any municipality
unless the map, plat or subdivision is under the seal of a registered Illinois
land surveyor and unless it is entitled to record as provided in Sections
11-15-1 and 11-12-3 of the Illinois Municipal Code, as now or hereafter
amended. Any map, plat or subdivision of land presented for recording shall
have attached thereto or endorsed thereon the Certificate of an Illinois
Registered Land Surveyor that the land is or is not within any incorporated
city, town or village, nor within 1 1/2 miles of the corporate limits of
any incorporated city, town or village which has adopted a city plan and
is exercising the special powers authorized by Division 12 of Article 11 of
the Illinois Municipal Code, as now or hereafter amended, and not included
in any municipality. No person shall offer or present for recording or
record any subdivision plat of any lands bordering on or including any public
waters of the State in which the State of Illinois has any property rights
or property interests, unless such subdivision plat is under the seal of
a registered Illinois Land Surveyor and is approved by the Department of
Natural Resources, nor shall any person
offer or present for recording or record any map, plat or subdivision of
lands, without indicating whether any part of which as shown on the
map, plat or subdivision is located within a special flood hazard area as
identified by the Federal Emergency Management Agency nor shall any person
offer or present for recording or record any map, plat or subdivision of
land situated outside any incorporated city, town or village unless the
map, plat or subdivision is under the seal of a registered Illinois land
surveyor, and unless it is entitled to record as provided in Section
5-1045, however, the provisions of this Section shall not
apply to any street or highway survey map or plat. Any person who records,
or who offers or presents for recording, which offer or presentation results
in a recording of, any map, plat or subdivision of land which the person knows to
be in violation of this Section shall pay to the county the sum of $1,000,
to be recovered in the circuit court, in the name of the state, for the
use of the county, with costs of suit.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5030
(55 ILCS 5/3-5030) (from Ch. 34, par. 3-5030)
Sec. 3-5030.
Deeds of sheriffs.
Deeds and other instruments affecting
real estate, made by a sheriff, executor, administrator, guardian, trustee
or other person acting on behalf of another, shall be indexed in the name
of the person whose land is sold or affected as grantor, and a note shall
be made in the index indicating in what capacity the deed was made.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5031
(55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
Sec. 3-5031. Penalty. If any recorder shall willfully fail to perform
any duty imposed upon the recorder by this Division, the recorder shall be guilty
of malfeasance in office, and shall be punished accordingly, and shall be
liable to the party injured for all damages occasioned thereby.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5032
(55 ILCS 5/3-5032) (from Ch. 34, par. 3-5032)
Sec. 3-5032.
Ancient records.
All copies and transcripts of the
ancient books, records and papers, bearing date prior to the 13th of July
in the year of our Lord 1787, now in the office of the recorder of the
county of Randolph, which may be made by said recorder, from the said
papers or records, and attested by him, shall be as authentic in any court
in this State as if given by the Secretary of State; and the said recorder
shall be entitled to the same fees for such copies, transcripts and
attestations, as he is now entitled to by law for the performance of similar
services.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5033
(55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
Sec. 3-5033. County to furnish books, equipment and supplies. The county board of each county shall from time to time, as may be
necessary, provide the recorder of such county with well-bound and properly
ruled books, and where photostating, optical disk storage, or
microfilming is used, the recorder
shall likewise be furnished all such equipment (such as computers, printers, and scanners) and supplies necessary to
the execution of the duties of the office. They may procure books of
printed forms to be filled up in the recording of any instrument, when the
same may be done without interlineation or erasure, and shall in all cases,
when practicable, procure the necessary index and abstract books with
printed headings. The cost of such books, equipment and supplies shall be
chargeable against the surplus fees of the office, or paid by the county.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5034
(55 ILCS 5/3-5034) (from Ch. 34, par. 3-5034)
Sec. 3-5034.
Transcription of records.
When it shall appear to the
county board that any books of record, entry books, indexes or abstract
books, are likely to become useless from age or much use, or are illegibly
written, defaced, or imperfectly kept, they shall cause the same to be
transcribed at the cost of the county. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86-962.)
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55 ILCS 5/3-5035
(55 ILCS 5/3-5035) (from Ch. 34, par. 3-5035)
Sec. 3-5035.
Failure to comply.
The receiving for record, or filing,
of any instrument by a recorder of deeds or a registrar of titles which
does not comply with the provisions of this Division shall not affect the
validity and effect of any such instrument or the constructive notice
afforded by its recordation.
(Source: P.A. 86-962.)
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55 ILCS 5/3-5036
(55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)
Sec. 3-5036.
Records open to inspection.
All records, indices,
abstract and other books kept in the office of any recorder, and all
instruments filed therein and all instruments deposited or left for
recordation therein shall, during the office hours, be open for public
inspection and examination; and all persons shall have free access for
inspection and examination to such records, indices, books and instruments,
which the recorders shall be bound to exhibit to those who wish to inspect
or examine the same; and all persons shall have the right to take memoranda
and abstracts thereof without fee or reward. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86-962.)
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55 ILCS 5/3-5036.5 (55 ILCS 5/3-5036.5) Sec. 3-5036.5. Exchange of information for child support enforcement. (a) The recorder shall exchange with the Department of Healthcare and Family Services information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 2015. (b) Notwithstanding any provisions in this Code to the contrary, the recorder shall not be liable to any person for any disclosure of information to the Department of Healthcare and Family Services under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a). (Source: P.A. 103-400, eff. 1-1-24 .) |
55 ILCS 5/3-5037
(55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
Sec. 3-5037. Instruments to be re-recorded; fee; penalty. In all
cases where the records of any county have been or shall hereafter be
destroyed by fire or other casualty, it shall be the duty of the recorder
of such county to re-record all deeds, mortgages or other instruments in
writing which may have been recorded or filed for record prior to the
destruction of such records, together with the certificates of such
original recording, that may be filed in the office for re-recording; and
the recorder may charge and receive, as a fee for re-recording such deeds,
mortgages and other instruments aforesaid, and the certificate of such
recording, 5¢ for each 100 words or fractions thereof, and no more; and any
recorder who shall charge a greater fee than the foregoing, or who shall
refuse to re-record such instruments in writing, for the fee aforesaid,
shall be deemed guilty of malfeasance in office, and subject to all the
penalties prescribed by law for such offense.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5038
(55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
Sec. 3-5038. Judgment dockets. In all counties where a recorder
is elected in which the recorder has heretofore been, or shall hereafter be
required by the county board to keep abstract books showing by tract every
conveyance or incumbrance recorded, the date of the instrument, the time of
filing same, the book and page where the same is recorded, and showing a
true chain of title to each tract and the incumbrances thereon, as shown by
the records of the office, such recorder shall keep judgment dockets and indexes thereto, showing all judicial
proceedings affecting title to real estate in such county, tax sale books
with indexes thereto, showing sales or forfeitures of all lands in the
county for unpaid taxes and assessments, and such other books as are usual
or necessary to be kept for the purpose of making complete abstracts of
title to real estate; and the county board shall furnish such recorder with
the necessary rooms, books, stationery, fuel and lights for the purposes
herein set forth: Provided, that nothing in this Division shall be
construed to empower the recorder to prevent the public from examining and
taking memoranda from all records and instruments filed for record, indexes
and other books in the recorder's official custody, but it shall be the recorder's duty at all
times, when the office is or is required by law to be open, to allow all
persons without fee or reward to examine and take memoranda from the same.
This Section is subject to the provisions of the Local Records Act.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5039
(55 ILCS 5/3-5039)
Sec. 3-5039. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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55 ILCS 5/3-5040
(55 ILCS 5/3-5040)
Sec. 3-5040. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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55 ILCS 5/3-5041
(55 ILCS 5/3-5041)
Sec. 3-5041. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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55 ILCS 5/3-5042
(55 ILCS 5/3-5042)
Sec. 3-5042. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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55 ILCS 5/3-5043
(55 ILCS 5/3-5043)
Sec. 3-5043. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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55 ILCS 5/3-5044
(55 ILCS 5/3-5044)
Sec. 3-5044. (Repealed).
(Source: P.A. 87-895. Repealed by P.A. 95-215, eff. 8-16-07.)
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55 ILCS 5/3-5045
(55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
Sec. 3-5045.
Scope of liability in connection with Uniform
Commercial Code. No recorder nor any of the recorder's employees or
agents shall be subject to personal liability by reason of any error or
omission in the performance of any duty under Article 9 of the Uniform
Commercial Code except in case of willful negligence.
(Source: P.A. 103-400, eff. 1-1-24 .)
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55 ILCS 5/3-5046 (55 ILCS 5/3-5046) Sec. 3-5046. Quitclaim deed notification. Upon the recording or filing of a quitclaim deed on any property within a county with a population of 3,000,000 or more, the recorder of deeds must mail a notification postcard to the previous owner of record at the address listed on the property record in the recorder's office. The postcard must state that a newly recorded quitclaim deed has been filed on the property, and must state the date of the new recording, the address of the recorder's office, and any other information deemed necessary by the recorder. No county, including a home rule county, may act in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94-823, eff. 1-1-07.) |
55 ILCS 5/3-5047 (55 ILCS 5/3-5047) Sec. 3-5047. Removal of personal information. Upon request by any person, the recorder shall redact or remove that person's social security number, employer taxpayer identification number, driver's license number, State identification number, passport number, checking account number, savings account number, credit card number, debit card number, or personal identification (PIN) code from any internet website maintained by the recorder or used by the recorder to display public records. The request must be made in writing and delivered by mail, facsimile, electronic transmission, or in person to the office of the recorder. The request must specify the personal information to be redacted and identify the document that contains the personal information. Within 12 months after the effective date of this amendatory Act of the 95th General Assembly all county recorders that publicly display records on an Internet website must submit a written policy, including a timeline, to their respective county boards providing for the redaction of social security numbers from all records publicly displayed on the website. Any county recorder that launches a website on or after the effective date of this amendatory Act of the 95th General Assembly shall develop and implement a policy providing for the removal of all social security numbers from all records prior to the public display of those records on the website, and must file a copy of the policy with the county board of that county. Policies pertaining to the removal of social security numbers from records to be posted on the internet shall be made available to all employees of a county recorder. No person or entity shall include an individual's social security number in a document that is prepared and presented for recording with a county recorder. This Section shall not apply to (i) State or federal tax liens, certified copies of death certificates, or other documents required by law to contain personal identifying information or (ii) documents that were executed by an individual prior to the effective date of this amendatory Act of the 95th General Assembly. County recorders shall not be liable for any claims arising from unintentional or inadvertent violations of this Section.
(Source: P.A. 95-875, eff. 1-1-09.) |
55 ILCS 5/3-5048 (55 ILCS 5/3-5048) Sec. 3-5048. Unlawful restrictive covenant modifications. (a) As used in this Section: "Declaration" has the meaning given to that term in Section 1-5 of the Common Interest Community Association Act or Section 2 of the Condominium Property Act, as applicable. "Unlawful restrictive covenant" means any recorded covenant or restriction that is void under Section 3-105 of the Illinois Human Rights Act which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof on the basis of race, color, religion, or national origin. "Recorder" means the recorder of the county where the property subject to the unlawful restrictive covenant is located. (b) A person or entity may execute and file a restrictive covenant modification to an unlawful restrictive covenant in accordance with this Section if the person or entity: (1) holds an ownership interest in property that is | | subject to the unlawful restrictive covenant; or
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| (2) is a common interest community association, a
| | condominium association, a unit owners' association, a residential housing cooperative, or a master association of a parcel of property subject to an unlawful restrictive covenant under the following conditions:
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| (A) When a parcel of property subject to an
| | unlawful restrictive covenant is in a common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under this Section. Removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary. As used in subparagraphs (A) through (D), "board" means the board of managers or directors or the managing trustees of any such association or cooperative.
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| (B) If the board receives a written request by an
| | owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under this Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall execute and file a restrictive covenant modification as provided under this Section.
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| (C) If a board fails or refuses to execute and
| | file a restrictive covenant modification after it receives a written request by an owner or member as provided in subparagraph (B), the owner or member who made the written request may bring an action to compel the board to file a restrictive covenant modification. Any owner or member who prevails in such an action to compel shall be entitled to recover reasonable attorneys' fees and costs from the association or cooperative.
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| (D) The board shall give written notice to all
| | owners or members of the association of the restrictive covenant modification along with a copy of such restrictive covenant modification within 21 days after receiving a recorded copy of the documents.
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| (c) A restrictive covenant modification shall include:
(1) a complete copy of the original instrument
| | containing the unlawful restrictive covenant with the language of the unlawful restrictive covenant stricken; and
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| (2) a petition to modify an unlawful restrictive
| | covenant, as provided in subsection (d).
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| (d) A petition to modify an unlawful restrictive covenant shall:
(1) be signed by the record owner of the property or,
| | in the case of an entity under paragraph (2) of subsection (b), be accompanied by a certification that a majority of the governing body of the entity has agreed to the restrictive covenant modification;
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| (2) reference the property index number or unique
| | parcel identification code of the property for which the original instrument containing the unlawful restrictive covenant is recorded; and
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| (3) include any other information that the recorder
| | or State's Attorney considers necessary in carrying out the requirements of this Section.
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| (e) On receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney.
(f) Within 30 days of receipt from the recorder, the State's Attorney shall:
(1) review the restrictive covenant modification and
| | the copy of the original instrument to determine: (i) whether the original instrument contains an unlawful restrictive covenant; and (ii) whether the restrictive covenant modification correctly strikes through only the language of the unlawful restrictive covenant; and
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| (2) return the restrictive covenant modification and
| | copy of the original instrument to the recorder together with the State's Attorney's written determination.
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| (g) The recorder may not record a restrictive covenant modification filed under subsection (b) unless the State's Attorney determines that the modification is appropriate in accordance with subsection (f). If the State's Attorney's written determination finds that the instrument contains an unlawful restrictive covenant, the recorder shall record the restrictive covenant modification with the language stricken as directed by the State's Attorney.
(h) A recorded restrictive covenant modification shall be indexed in the same manner as the original instrument.
(i) Subject to all lawful covenants, conditions, and restrictions that were recorded after the recording of the original instrument, the restrictions contained in a duly recorded restrictive covenant modification are the only restrictions based on the original instrument that apply to the property.
(j) The effective date of the terms and conditions contained in a duly recorded restrictive covenant modification shall be the same as the effective date of the original instrument.
(k) If a person or entity causes to be filed or recorded a restrictive covenant modification that contains modifications not authorized under this Section:
(1) the recorder may not incur any liability for
| | recording the restrictive covenant modification;
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| (2) the county may not incur any liability as a
| | result of a determination rendered by the State's Attorney under subsection (f); and
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| (3) any costs, fees, or liability that results from
| | the unauthorized filing or recording shall be the sole responsibility of the person or entity that executed the restrictive covenant modification.
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| (l) The recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant pursuant to this Section in an amount not to exceed $10.
(Source: P.A. 102-110, eff. 1-1-22 .)
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