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Full Text of HB3041  97th General Assembly

HB3041enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3041 EnrolledLRB097 08966 JDS 49099 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Notary Public Act is amended by
5changing Section 3-102 as follows:
 
6    (5 ILCS 312/3-102)  (from Ch. 102, par. 203-102)
7    Sec. 3-102. Notarial Record; Residential Real Property
8Transactions.
9    (a) This Section shall apply to every notarial act in
10Illinois involving a document of conveyance that transfers or
11purports to transfer title to residential real property located
12in Cook County.
13    (b) As used in this Section, the following terms shall have
14the meanings ascribed to them:
15        (1) "Document of Conveyance" shall mean a written
16    instrument that transfers or purports to transfer title
17    effecting a change in ownership to Residential Real
18    Property, excluding:
19            (i) court-ordered and court-authorized conveyances
20        of Residential Real Property, including without
21        limitation, quit-claim deeds executed pursuant to a
22        marital settlement agreement incorporated into a
23        judgment of dissolution of marriage, and transfers in

 

 

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1        the administration of a probate estate;
2            (ii) judicial sale deeds relating to Residential
3        Real Property, including without limitation, sale
4        deeds issued pursuant to proceedings to foreclose a
5        mortgage or execute on a levy to enforce a judgment;
6            (iii) deeds transferring ownership of Residential
7        Real Property to a trust where the beneficiary is also
8        the grantor;
9            (iv) deeds from grantors to themselves that are
10        intended to change the nature or type of tenancy by
11        which they own Residential Real Property;
12            (v) deeds from a grantor to the grantor and another
13        natural person that are intended to establish a tenancy
14        by which the grantor and the other natural person own
15        Residential Real Property;
16            (vi) deeds executed to the mortgagee in lieu of
17        foreclosure of a mortgage; and
18            (vii) deeds transferring ownership to a revocable
19        or irrevocable grantor trust where the beneficiary
20        includes the grantor.
21        (2) "Financial Institution" shall mean a State or
22    federally chartered bank, savings and loan association,
23    savings bank, or credit union, or trust company.
24        (3) "Notarial Record" shall mean the written document
25    created in conformity with this Section by a notary in
26    connection with Documents of Conveyance.

 

 

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1        (4) "Residential Real Property" shall mean a building
2    or buildings located in Cook County, Illinois and
3    containing one to 4 dwelling units or an individual
4    residential condominium unit.
5        (5) "Title Insurance Agent" shall have the meaning
6    ascribed to it under the Title Insurance Act.
7        (6) "Title Insurance Company" shall have the meaning
8    ascribed to it under the Title Insurance Act.
9    (c) A notary appointed and commissioned as a notary in
10Illinois shall, in addition to compliance with other provisions
11of this Act, create a Notarial Record of each notarial act
12performed in connection with a Document of Conveyance. The
13Notarial Record shall contain:
14        (1) The date of the notarial act;
15        (2) The type, title, or a description of the Document
16    of Conveyance being notarized, and the property index
17    number ("PIN") used to identify the Residential Real
18    Property for assessment or taxation purposes and the common
19    street address for the Residential Real Property that is
20    the subject of the Document of Conveyance;
21        (3) The signature, printed name, and residence street
22    address of each person whose signature is the subject of
23    the notarial act and a certification by the person that the
24    property is Residential Real Property as defined in this
25    Section, which states "The undersigned grantor hereby
26    certifies that the real property identified in this

 

 

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1    Notarial Record is Residential Real Property as defined in
2    the Illinois Notary Public Act".
3        (4) A description of the satisfactory evidence
4    reviewed by the notary to determine the identity of the
5    person whose signature is the subject of the notarial act;
6        (5) The date of notarization, the fee charged for the
7    notarial act, the Notary's home or business phone number,
8    the Notary's residence street address, the Notary's
9    commission expiration date, the correct legal name of the
10    Notary's employer or principal, and the business street
11    address of the Notary's employer or principal; and
12        (6) The notary public shall require the person signing
13    the Document of Conveyance (including an agent acting on
14    behalf of a principal under a duly executed power of
15    attorney), whose signature is the subject of the notarial
16    act, to place his or her right thumbprint on the Notarial
17    Record. If the right thumbprint is not available, then the
18    notary shall have the party use his or her left thumb, or
19    any available finger, and shall so indicate on the Notarial
20    Record. If the party signing the document is physically
21    unable to provide a thumbprint or fingerprint, the notary
22    shall so indicate on the Notarial Record and shall also
23    provide an explanation of that physical condition. The
24    notary may obtain the thumbprint by any means that reliably
25    captures the image of the finger in a physical or
26    electronic medium.

 

 

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1    (d) If a notarial act under this Section is performed by a
2notary who is a principal, employee, or agent of a Title
3Insurance Company, Title Insurance Agent, Financial
4Institution, or attorney at law, the notary shall deliver the
5original Notarial Record to the notary's employer or principal
6within 14 days after the performance of the notarial act for
7retention for a period of 7 years as part of the employer's or
8principal's business records. In the event of a sale or merger
9of any of the foregoing entities or persons, the successor or
10assignee of the entity or person shall assume the
11responsibility to maintain the Notarial Record for the balance
12of the 7-year business records retention period. Liquidation or
13other cessation of activities in the ordinary course of
14business by any of the foregoing entities or persons shall
15relieve the entity or person from the obligation to maintain
16Notarial Records after delivery of Notarial Records to the
17Recorder of Deeds of Cook County, Illinois.
18    (e) If a notarial act is performed by a notary who is not a
19principal, employee, or agent of a Title Insurance Company,
20Title Insurance Agent, Financial Institution, or attorney at
21law, the notary shall deliver the original Notarial Record
22within 14 days after the performance of the notarial act to the
23Recorder of Deeds of Cook County, Illinois for retention for a
24period of 7 years, accompanied by a filing fee of $5.
25    (f) The Notarial Record required under subsection (c) of
26this Section shall be created and maintained for each person

 

 

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1whose signature is the subject of a notarial act regarding a
2Document of Conveyance and shall be in substantially the
3following form:
 
4NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
5Date Notarized:
6Fee: $
 
7The undersigned grantor hereby certifies that the real property
8identified in this Notarial Record is Residential Real Property
9as defined in the Illinois Notary Public Act.
 
10Grantor's (Signer's) Printed Name:
 
11Grantor's (Signer's) Signature:
 
12Grantor's (Signer's) Residential Street Address, City, State,
13and Zip:
 
14Type or Name of Document of Conveyance:
 
15PIN No. of Residential Real Property:
 
16Common Street Address of Residential Real Property:
 
17Thumbprint or Fingerprint:
 

 

 

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1Description of Means of Identification:
 
2Additional Comments:
 
3Name of Notary Printed:
 
4Notary Phone Number:
 
5Commission Expiration Date:
 
6Residential Street Address of Notary, City, State, and Zip:
 
7Name of Notary's Employer or Principal:
 
8Business Street Address of Notary's Employer or Principal,
9City, State, and Zip:
 
10    (g) No copies of the original Notarial Record may be made
11or retained by the Notary. The Notary's employer or principal
12may retain copies of the Notarial Records as part of its
13business records, subject to applicable privacy and
14confidentiality standards.
15    (h) The failure of a notary to comply with the procedure
16set forth in this Section shall not affect the validity of the
17Residential Real Property transaction in connection to which

 

 

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1the Document of Conveyance is executed, in the absence of
2fraud.
3    (i) The Notarial Record or other medium containing the
4thumbprint or fingerprint required by subsection (c)(6) shall
5be made available or disclosed only upon receipt of a subpoena
6duly authorized by a court of competent jurisdiction. Such
7Notarial Record or other medium shall not be subject to
8disclosure under the Freedom of Information Act and shall not
9be made available to any other party, other than a party in
10succession of interest to the party maintaining the Notarial
11Record or other medium pursuant to subsection (d) or (e).
12    (j) In the event there is a breach in the security of a
13Notarial Record maintained pursuant to subsections (d) and (e)
14by the Recorder of Deeds of Cook County, Illinois, the Recorder
15shall notify the person identified as the "signer" in the
16Notarial Record at the signer's residential street address set
17forth in the Notarial Record. "Breach" shall mean unauthorized
18acquisition of the fingerprint data contained in the Notarial
19Record that compromises the security, confidentiality, or
20integrity of the fingerprint data maintained by the Recorder.
21The notification shall be in writing and made in the most
22expedient time possible and without unreasonable delay,
23consistent with any measures necessary to determine the scope
24of the breach and restore the reasonable security,
25confidentiality, and integrity of the Recorder's data system.
26    (k) Subsections (a) through (i) shall not apply on and

 

 

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1after July 1, 2013.
2    (l) Beginning July 1, 2013, at the time of notarization, a
3notary public shall officially sign every notary certificate
4and affix the rubber stamp seal clearly and legibly using black
5ink, so that it is capable of photographic reproduction. The
6illegibility of any of the information required by this Section
7does not affect the validity of a transaction.
8(Source: P.A. 95-988, eff. 6-1-09.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.