Sen. Linda Holmes

Filed: 3/20/2023

 

 


 

 


 
10300SB2227sam001LRB103 28861 AWJ 59034 a

1
AMENDMENT TO SENATE BILL 2227

2    AMENDMENT NO. ______. Amend Senate Bill 2227 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Sections 3-5001, 3-5002, 3-5003, 3-5004, 3-5005, 3-5005.1,
63-5005.2, 3-5005.3, 3-5005.4, 3-5006, 3-5007, 3-5008, 3-5009,
73-5010, 3-5010.5, 3-5010.8, 3-5011, 3-5012, 3-5013, 3-5014,
83-5015, 3-5016, 3-5019, 3-5020, 3-5020.5, 3-5021, 3-5024,
93-5025, 3-5029, 3-5031, 3-5033, 3-5036.5, 3-5037, 3-5038,
103-5045, 4-12003 and by adding Sections 3-5018.2 and 4-12002.3
11as follows:
 
12    (55 ILCS 5/3-5001)  (from Ch. 34, par. 3-5001)
13    Sec. 3-5001. County clerk as recorder; election of
14recorder. The county clerk in counties having a population of
15less than 60,000 inhabitants shall be the recorder in the
16clerk's his county.

 

 

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1    In counties having a population of 60,000 or more
2inhabitants, there shall be elected a recorder, as provided by
3law, who shall hold his office until a his successor is
4qualified.
5    If the population of any county in which a recorder has
6been elected decreases to less than 60,000, the voters of that
7county shall continue to elect a recorder if the county board
8adopts a resolution to continue the office of an elected
9recorder.
10(Source: P.A. 86-962; 86-1028.)
 
11    (55 ILCS 5/3-5002)  (from Ch. 34, par. 3-5002)
12    Sec. 3-5002. Bond. Every recorder, whether elected as such
13or holding the office of recorder in addition to the office of
14county clerk as hereinbefore provided, shall, before entering
15upon the duties of the his or her office, give bonds (or, if
16the county is self-insured, the county through its
17self-insurance program may provide bonding), with sufficient
18security to be approved by the circuit court, payable to the
19People of the State of Illinois, in the penal sum of $10,000
20(except that in counties having a population of 60,000 or more
21inhabitants the penalty of the bond shall be $20,000),
22conditioned for the faithful discharge of the recorder's his
23or her duties, and to deliver up all papers, books, records and
24other things appertaining to the his or her office, whole,
25safe and undefaced, when lawfully required so to do - which

 

 

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1bond shall be filed in the office of the Secretary of State,
2and a copy thereof filed of record in the court.
3(Source: P.A. 88-387.)
 
4    (55 ILCS 5/3-5003)  (from Ch. 34, par. 3-5003)
5    Sec. 3-5003. Oath. Each recorder, before entering upon the
6duties of the his office, shall take and subscribe to the oath
7or affirmation prescribed by Section 3, Article XIII of the
8Constitution, which shall be filed with the county clerk.
9(Source: P.A. 86-962.)
 
10    (55 ILCS 5/3-5004)  (from Ch. 34, par. 3-5004)
11    Sec. 3-5004. Commencement of duties. The recorder shall
12enter upon the duties of the his office on the first day in the
13month of December following the recorder's his election on
14which the office of the recorder is required, by statute or by
15action of the county board, to be open. The recorder He shall
16be commissioned by the Governor.
17(Source: P.A. 86-962.)
 
18    (55 ILCS 5/3-5005)  (from Ch. 34, par. 3-5005)
19    Sec. 3-5005. Functions, powers and duties of recorder. The
20functions and powers of the recorders shall be uniform in the
21various counties of this State. The recorder has those
22functions, powers, and duties as provided in this Division the
23Sections following this Section and preceding Section 3-5006.

 

 

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1(Source: P.A. 86-962.)
 
2    (55 ILCS 5/3-5005.1)  (from Ch. 34, par. 3-5005.1)
3    Sec. 3-5005.1. Appointment of deputies, assistants and
4personnel. The recorder shall appoint his deputies,
5assistants, and personnel to assist the recorder him in the
6performance of the recorder's his duties.
7(Source: P.A. 86-962.)
 
8    (55 ILCS 5/3-5005.2)  (from Ch. 34, par. 3-5005.2)
9    Sec. 3-5005.2. Internal operations of office. The recorder
10shall have the right to control the internal operations of the
11his office; to procure necessary equipment, materials and
12services to perform the duties of the his office. The recorder
13Recorder shall have the right to select the computer or
14micrographic system to be used for document storage and
15retrieval. The recorder Recorder may retain the services of
16management or consulting firms to establish or maintain such a
17system.
18(Source: P.A. 86-962.)
 
19    (55 ILCS 5/3-5005.3)  (from Ch. 34, par. 3-5005.3)
20    Sec. 3-5005.3. Monthly report of financial status. The
21recorder shall file a monthly report with the county clerk
22summarizing the financial status of the his office in such
23form as shall be determined by the county board.

 

 

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1(Source: P.A. 86-962.)
 
2    (55 ILCS 5/3-5005.4)  (from Ch. 34, par. 3-5005.4)
3    Sec. 3-5005.4. Deposit of fee income; special funds. The
4recorder shall deposit in the office of the county treasurer
5monthly by the 10th day of the month following, all fee income.
6The recorder may maintain the following special funds from
7which the county board shall authorize payment by voucher
8between board meetings:
9    (a) Overpayments.
10    (b) Reasonable amount needed during the succeeding
11accounting period to pay office expenses, postage, freight,
12express or similar charges.
13    (c) Excess earnings from the sale of revenue stamps to be
14maintained in a fund to be used for the purchase of additional
15stamps from the Illinois Department of Revenue.
16    (d) Fund to pay necessary travel, dues and other expenses
17incurred in attending workshops, educational seminars and
18organizational meetings established for the purpose of
19providing in-service training.
20    (e) Trust funds and for such other purposes as may be
21provided for by law.
22    (f) Such other funds as may be authorized by the county
23board. The recorder shall make accounting monthly to the
24county board through the county clerk of all special funds
25maintained by the recorder him in the discharge of the

 

 

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1recorder's his duties.
2(Source: P.A. 86-962.)
 
3    (55 ILCS 5/3-5006)  (from Ch. 34, par. 3-5006)
4    Sec. 3-5006. Appointment of deputies in writing.
5Appointments of deputies shall be in writing, and entered upon
6the records of the his office.
7(Source: P.A. 86-962.)
 
8    (55 ILCS 5/3-5007)  (from Ch. 34, par. 3-5007)
9    Sec. 3-5007. Oath of deputies. Each deputy shall, before
10entering upon the deputy's duties of his office, take and
11subscribe an oath or affirmation, in like form as is required
12of the recorder, which shall be filed in the office of the
13recorder.
14(Source: P.A. 86-962.)
 
15    (55 ILCS 5/3-5008)  (from Ch. 34, par. 3-5008)
16    Sec. 3-5008. Powers of deputies. Deputy recorders duly
17appointed and qualified may perform any and all duties of the
18recorder in the name of the recorder, and the acts of such
19deputies shall be held to be the acts of the recorder, and in
20case of the death of the recorder or the recorder's his
21deposition from office, the chief deputy shall thereupon
22become the acting recorder until such vacancy shall be filled
23according to the The Election Code, and the chief deputy he

 

 

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1shall file a like bond and be vested with the same powers and
2subject to the same responsibilities and entitled to the same
3compensation as in case of recorder. Provided, that if the
4recorder is called into the active military service of the
5United States, the his office shall not be deemed to be vacant
6during the time the recorder he is in the active military
7service of the United States, but during the time the recorder
8he is in such active military service of the United States the
9chief deputy recorder shall be the recorder, and shall perform
10and discharge all of the duties of the recorder in such county,
11and shall be paid the same compensation as provided by law for
12the recorder of the county unless compensated at a higher rate
13than the recorder as chief deputy, apportioned as to the time
14of service, and the chief such deputy recorder shall cease to
15be the recorder upon the discharge of said recorder from the
16active military service of the United States; and provided
17further, that the chief deputy recorder, upon becoming the
18temporary recorder during the absence of the recorder in the
19active military service of the United States, shall give bond
20as required of a regularly elected recorder.
21(Source: P.A. 86-962.)
 
22    (55 ILCS 5/3-5009)  (from Ch. 34, par. 3-5009)
23    Sec. 3-5009. Recorder liable for deputies. The recorder
24shall be liable for any neglect or omission of the duties of
25the his office, when occasioned by a deputy, in the same manner

 

 

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1as for the recorder's his own personal neglect or omission.
2(Source: P.A. 86-962.)
 
3    (55 ILCS 5/3-5010)  (from Ch. 34, par. 3-5010)
4    Sec. 3-5010. Duties of recorder. Every recorder shall, as
5soon as practicable after the receipt of any instrument in
6writing in the his office, entitled to be recorded, record the
7same at length in the order of time of its reception, in well
8bound books or computer databases to be provided for that
9purpose. In counties of 500,000 or more inhabitants, the
10recorder may microphotograph or otherwise reproduce on film
11any of such instruments in the manner provided by law. In
12counties of less than 500,000 inhabitants, the recorder may
13cause to be microphotographed or otherwise reproduced on film
14any of such instruments or electronic method of storage. When
15any such instrument is reproduced on film or electronic method
16of storage, the film or electronic method of storage shall
17comply with the minimum standards of quality approved for
18records of the State Records Commission and the device used to
19reproduce the records on the film or electronic method of
20storage shall be one which accurately reproduces the contents
21of the original.
22(Source: P.A. 97-757, eff. 7-6-12.)
 
23    (55 ILCS 5/3-5010.5)
24    Sec. 3-5010.5. Fraud referral and review.

 

 

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1    (a) Legislative findings. The General Assembly finds that
2property fraud, including fraudulent filings intended to cloud
3or fraudulently transfer title to property by recording false
4or altered documents and deeds, is a rapidly growing problem
5throughout the State. In order to combat the increase in the
6number of these filings, a recorder may establish a process to
7review and refer documents suspected to be fraudulent.
8    (b) Definitions. The terms "recording" and "filing" are
9used interchangeably in this Section.
10    (c) Establishment and use of a fraud referral and review
11process. A recorder who establishes a fraud referral and
12review process under the provisions of this Section may use it
13to review deeds and instruments and refer any of them to an
14administrative law judge for review pursuant to subsection (g)
15of this Section that cause the recorder to reasonably believe
16that the filing may be fraudulent, unlawfully altered, or
17intended to unlawfully cloud or transfer the title of any real
18property. The recorder may enter into an intergovernmental
19agreement with local law enforcement officials for the
20purposes of this referral and review. A recorder may request
21that the Secretary of the Department of Financial and
22Professional Regulation assist in reviewing possible
23fraudulent filings. Upon request, the Secretary, or the
24Secretary's his or her designee, shall assist in identifying
25the validity of filings. The recorder shall notify the
26Secretary when a document suspected to be fraudulent is

 

 

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1discovered.
2    In counties with a population of less than 3 million, a
3recorder shall provide public notice 90 days before the
4establishment of the fraud referral and review process. The
5notice shall include a statement of the recorder's intent to
6create a fraud referral and review process and shall be
7published in a newspaper of general circulation in the county
8and, if feasible, posted on the recorder's website and at the
9recorder's office or offices.
10    In determining whether to refer a document to an
11administrative law judge for review, a recorder may take into
12consideration any of the following factors:
13        (1) whether the owner of the property or owner's his
14    or her designated representative has reported to the
15    recorder that another individual is attempting or has
16    attempted to record a fraudulent deed or other instrument
17    upon the property;
18        (2) whether a law enforcement official has contacted
19    the recorder indicating that the law enforcement official
20    he or she has probable cause to suspect title or recording
21    fraud;
22        (3) whether the filer's name has a copyright attached
23    to it or the property owner's name has nonstandard
24    punctuation attached to it;
25        (4) whether the documents assert fines that do not
26    exist or have no basis under current law or that require

 

 

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1    payment in gold or silver;
2        (5) whether the documents are maritime liens, or liens
3    under the Federal Maritime Lien Act or the Preferred Ship
4    Mortgage Act, or not authorized by the United States Coast
5    Guard;
6        (6) whether the documents are land patents not
7    authorized and certified by the United States Department
8    of the Interior Bureau of Land Management;
9        (7) whether the documents are representing that the
10    subject of the lien is releasing itself from a lien held by
11    another entity, with no apparent cooperation or
12    authorization provided by the lienholder;
13        (8) whether the documents are protesting or disputing
14    a foreclosure proceeding that are not filed within the
15    foreclosure suit and with the court presiding over the
16    matter;
17        (9) whether the documents are Uniform Commercial Code
18    filings referencing birth certificates or other private
19    records that are not in compliance with Section 9-501 of
20    the Uniform Commercial Code;
21        (10) whether the documents are re-recording deeds to
22    re-notarize or attach notary certification if prior
23    notarization already appears unaltered on the document of
24    record;
25        (11) whether the documents are asserting diplomatic
26    credentials or immunity, non-United States citizenship, or

 

 

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1    independence from the laws of the United States;
2        (12) whether the documents are claims that a bank
3    cannot hold title after a foreclosure;
4        (13) whether the documents are deeds not properly
5    signed by the last legal owner of record or the owner's
6    court-appointed his or her court appointed representative
7    or attorney-in-fact under a power of attorney;
8        (14) whether the documents are manipulated or altered
9    federal or State legal or court forms that release a lien;
10        (15) whether a document is not related to a valid
11    existing or potential adverse transaction, existing lien,
12    or judgment of a court of competent jurisdiction;
13        (16) a document that is not related to a valid
14    existing or potential commercial or financial transaction,
15    existing agricultural or other lien, or judgment of a
16    court of competent jurisdiction;
17        (17) whether the document is filed with the intent to
18    harass or defraud the person identified in the record or
19    any other person;
20        (18) whether the document is filed with the intent to
21    harass or defraud any member of a governmental office,
22    including, but not limited to, the recorder's office,
23    local government offices, the State of Illinois, or the
24    Federal government; and
25        (19) whether the documents are previous court
26    determinations, including a previous determination by a

 

 

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1    court of competent jurisdiction that a particular document
2    is fraudulent, invalid, or forged.
3    (d) Determinations. If a recorder determines, after review
4by legal staff and counsel, that a deed or instrument that is
5recorded in the grantor's index or the grantee's index may be
6fraudulent, unlawfully altered, or intended to unlawfully
7cloud or transfer the title of any real property, the recorder
8he or she shall refer the deed or instrument to an
9administrative law judge for review pursuant to subsection (g)
10of this Section. The recorder shall record a Notice of
11Referral in the grantor's index or the grantee's index
12identifying the document, corresponding document number in
13question, and the date of referral. The recorder shall also
14notify the parties set forth in subsection (e) of this
15Section. The recorder may, at the recorder's his or her
16discretion, notify law enforcement officials regarding a
17filing determined to be fraudulent, unlawfully altered, or
18intended to unlawfully cloud or transfer the title of any real
19property.
20    (e) Notice. The recorder shall use county property tax
21records to identify and provide notice to the last owner of
22record by telephone, if available, and certified mail both
23when: (1) a deed or instrument has been referred for review and
24determination; and (2) a final determination has been made
25regarding the deed or instrument. Notice, by mail, shall also
26be sent to the physical address of the property associated

 

 

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1with the deed or instrument.
2    (f) Administrative decision. The recorder's decision to
3add a Notice of Referral and refer a document for review is a
4final administrative decision that is subject to review by the
5circuit court of the county where the real property is located
6under the Administrative Review Law. The standard of review by
7the circuit court shall be de novo.
8    (g) Referral and review process. Prior to referral, the
9recorder shall notify the last owner of record of the document
10or documents suspected to be fraudulent. The person, entity,
11or legal representative thereof shall confirm in writing the
12person's, entity's, or legal representative's his or her
13belief that a document or documents are suspected to be
14fraudulent and may request that the recorder refer the case
15for review. Upon request, the recorder shall bring a case to
16its county department of administrative hearings and, within
1710 business days after receipt, an administrative law judge
18shall schedule a hearing to occur no later than 30 days after
19receiving the referral. The referral and case shall clearly
20identify the person, persons, or entity believed to be the
21last true owner of record as the petitioner. Notice of the
22hearing shall be provided by the administrative law judge to
23the filer, or the party represented by the filer, of the
24suspected fraudulent document, the legal representative of the
25recorder of deeds who referred the case, and the last owner of
26record, as identified in the referral.

 

 

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1    If clear and convincing evidence shows the document in
2question to be fraudulent, the administrative law judge shall
3rule the document to be fraudulent and forward the judgment to
4all the parties identified in this subsection. Upon receiving
5notice of the judgment of fraud, the recorder shall, within 5
6business days, record a new document that includes a copy of
7the judgment in front of the Notice of Referral that shall
8clearly state that the document in question has been found to
9be fraudulent and shall not be considered to affect the chain
10of title of the property in any way.
11    If the administrative law judge finds the document to be
12legitimate, the recorder shall, within 5 business days after
13receiving notice, record a copy of the judgment.
14    A decision by an administrative law judge shall not
15preclude a State's attorney or sheriff from proceeding with a
16criminal investigation or criminal charges. If a county does
17not have an administrative law judge that specializes in
18public records, one shall be appointed within 3 months after
19the effective date of this amendatory Act of the 98th General
20Assembly, or the original case shall be forwarded to the
21proper circuit court with jurisdiction.
22    Nothing in this Section precludes a private right of
23action by any party with an interest in the property affected
24by the review and referral, or the filer of the document or
25documents suspected to be fraudulent. Nothing in this Section
26requires a person or entity who may have had a fraudulent

 

 

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1document or encumbrance filed against the person's or entity's
2his or her property to use the fraud review and referral
3process or administrative review created by this Section.
4    (h) Fees. The recorder shall retain any filing fees
5associated with filing a deed or instrument that is determined
6to be fraudulent, unlawfully altered, or intended to
7unlawfully cloud or transfer the title of any real property
8under this Section.
9    (i) Liability. Neither a recorder nor any of the
10recorder's his or her employees or agents shall be subject to
11personal liability by reason of any error or omission in the
12performance of any duty under this Section, except in case of
13willful or wanton conduct. Neither the recorder nor any of the
14recorder's his or her employees shall incur liability for the
15referral or review, or failure to refer or review, a document
16or instrument under this Section.
17    (j) Applicability. This Section applies only to filings
18provided to the recorder on and after the effective date of
19this amendatory Act of the 98th General Assembly.
20    (k) (Blank).
21(Source: P.A. 100-276, eff. 8-22-17.)
 
22    (55 ILCS 5/3-5010.8)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 3-5010.8. Mechanics lien demand and referral pilot
25program.

 

 

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1    (a) Legislative findings. The General Assembly finds that
2expired mechanics liens on residential property, which cloud
3title to property, are a rapidly growing problem throughout
4the State. In order to address the increase in expired
5mechanics liens and, more specifically, those that have not
6been released by the lienholder, a recorder may establish a
7process to demand and refer mechanics liens that have been
8recorded but not litigated or released in accordance with the
9Mechanics Lien Act to an administrative law judge for
10resolution or demand that the lienholder commence suit or
11forfeit the lien.
12    (b) Definitions. As used in this Section:
13    "Demand to Commence Suit" means the written demand
14specified in Section 34 of the Mechanics Lien Act.
15    "Mechanics lien" and "lien" are used interchangeably in
16this Section.
17    "Notice of Expired Mechanics Lien" means the notice a
18recorder gives to a property owner under subsection (d)
19informing the property owner of an expired lien.
20    "Notice of Referral" means the document referring a
21mechanics lien to a county's code hearing unit.
22    "Recording" and "filing" are used interchangeably in this
23Section.
24    "Referral" or "refer" means a recorder's referral of a
25mechanics lien to a county's code hearing unit to obtain a
26determination as to whether a recorded mechanics lien is

 

 

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1valid.
2    "Residential property" means real property improved with
3not less than one nor more than 4 residential dwelling units; a
4residential condominium unit, including, but not limited to,
5the common elements allocated to the exclusive use of the
6condominium unit that form an integral part of the condominium
7unit and any parking unit or units specified by the
8declaration to be allocated to a specific residential
9condominium unit; or a single tract of agriculture real estate
10consisting of 40 acres or less that is improved with a
11single-family residence. If a declaration of condominium
12ownership provides for individually owned and transferable
13parking units, "residential property" does not include the
14parking unit of a specified residential condominium unit
15unless the parking unit is included in the legal description
16of the property against which the mechanics lien is recorded.
17    (c) Establishment of a mechanics lien demand and referral
18process. After a public hearing, a recorder in a county with a
19code hearing unit may adopt rules establishing a mechanics
20lien demand and referral process for residential property. A
21recorder shall provide public notice 90 days before the public
22hearing. The notice shall include a statement of the
23recorder's intent to create a mechanics lien demand and
24referral process and shall be published in a newspaper of
25general circulation in the county and, if feasible, be posted
26on the recorder's website and at the recorder's office or

 

 

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1offices.
2    (d) Notice of Expired Lien. If a recorder determines,
3after review by legal staff or counsel, that a mechanics lien
4recorded in the grantor's index or the grantee's index is an
5expired lien, the recorder shall serve a Notice of Expired
6Lien by certified mail to the last known address of the owner.
7The owner or legal representative of the owner of the
8residential property shall confirm in writing the owner's or
9legal representative's his or her belief that the lien is not
10involved in pending litigation and, if there is no pending
11litigation, as verified and confirmed by county court records,
12the owner may request that the recorder proceed with a
13referral or serve a Demand to Commence Suit.
14    For the purposes of this Section, a recorder shall
15determine if a lien is an expired lien. A lien is expired if a
16suit to enforce the lien has not been commenced or a
17counterclaim has not been filed by the lienholder within 2
18years after the completion date of the contract as specified
19in the recorded mechanics lien. The 2-year period shall be
20increased to the extent that an automatic stay under Section
21362(a) of the United States Bankruptcy Code stays a suit or
22counterclaim to foreclose the lien. If a work completion date
23is not specified in the recorded lien, then the work
24completion date is the date of recording of the mechanics
25lien.
26    (e) Demand to Commence Suit. Upon receipt of an owner's

 

 

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1confirmation that the lien is not involved in pending
2litigation and a request for the recorder to serve a Demand to
3Commence Suit, the recorder shall serve a Demand to Commence
4Suit on the lienholder of the expired lien as provided in
5Section 34 of the Mechanics Lien Act. A recorder may request
6that the Secretary of State assist in providing registered
7agent information or obtain information from the Secretary of
8State's registered business database when the recorder seeks
9to serve a Demand to Commence suit on the lienholder. Upon
10request, the Secretary of State, or the Secretary of State's
11his or her designee, shall provide the last known address or
12registered agent information for a lienholder who is
13incorporated or doing business in the State. The recorder must
14record a copy of the Demand to Commence suit in the grantor's
15index or the grantee's index identifying the mechanics lien
16and include the corresponding document number and the date of
17demand. The recorder may, at the recorder's his or her
18discretion, notify the Secretary of State regarding a Demand
19to Commence suit determined to involve a company, corporation,
20or business registered with that office.
21    When the lienholder commences a suit or files an answer
22within 30 days or the lienholder records a release of lien with
23the county recorder as required by subsection (a) of Section
2434 of the Mechanics Lien Act, then the demand and referral
25process is completed for the recorder for that property. If
26service under this Section is responded to consistent with

 

 

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1Section 34 of the Mechanics Lien Act, the recorder may not
2proceed under subsection (f). If no response is received
3consistent with Section 34 of the Mechanics Lien Act, the
4recorder may proceed under subsection (f).
5    (f) Referral. Upon receipt of an owner's confirmation that
6the lien is not involved in pending litigation and a request
7for the recorder to proceed with a referral, the recorder
8shall: (i) file the Notice of Referral with the county's code
9hearing unit; (ii) identify and notify the lienholder by
10telephone, if available, of the referral and send a copy of the
11Notice of Referral by certified mail to the lienholder using
12information included in the recorded mechanics lien or the
13last known address or registered agent received from the
14Secretary of State or obtained from the Secretary of State's
15registered business database; (iii) send a copy of the Notice
16of Referral by mail to the physical address of the property
17owner associated with the lien; and (iv) record a copy of the
18Notice of Referral in the grantor's index or the grantee's
19index identifying the mechanics lien and include the
20corresponding document number. The Notice of Referral shall
21clearly identify the person, persons, or entity believed to be
22the owner, assignee, successor, or beneficiary of the lien.
23The recorder may, at the recorder's his or her discretion,
24notify the Secretary of State regarding a referral determined
25to involve a company, corporation, or business registered with
26that office.

 

 

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1    No earlier than 30 business days after the date the
2lienholder is required to respond to a Demand to Commence Suit
3under Section 34 of the Mechanics Lien Act, the code hearing
4unit shall schedule a hearing to occur at least 30 days after
5sending notice of the date of hearing. Notice of the hearing
6shall be provided by the county recorder, by and through the
7recorder's his or her representative, to the filer, or the
8party represented by the filer, of the expired lien, the legal
9representative of the recorder of deeds who referred the case,
10and the last owner of record, as identified in the Notice of
11Referral.
12    If the recorder shows by clear and convincing evidence
13that the lien in question is an expired lien, the
14administrative law judge shall rule the lien is forfeited
15under Section 34.5 of the Mechanics Lien Act and that the lien
16no longer affects the chain of title of the property in any
17way. The judgment shall be forwarded to all parties identified
18in this subsection. Upon receiving judgment of a forfeited
19lien, the recorder shall, within 5 business days, record a
20copy of the judgment in the grantor's index or the grantee's
21index.
22    If the administrative law judge finds the lien is not
23expired, the recorder shall, no later than 5 business days
24after receiving notice of the decision of the administrative
25law judge, record a copy of the judgment in the grantor's index
26or the grantee's index.

 

 

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1    A decision by an administrative law judge is reviewable
2under the Administrative Review Law, and nothing in this
3Section precludes a property owner or lienholder from
4proceeding with a civil action to resolve questions concerning
5a mechanics lien.
6    A lienholder or property owner may remove the action from
7the code hearing unit to the circuit court as provided in
8subsection (i).
9    (g) Final administrative decision. The recorder's decision
10to refer a mechanics lien or serve a Demand to Commence Suit is
11a final administrative decision that is subject to review
12under the Administrative Review Law by the circuit court of
13the county where the real property is located. The standard of
14review by the circuit court shall be consistent with the
15Administrative Review Law.
16    (h) Liability. A recorder and the recorder's his or her
17employees or agents are not subject to personal liability by
18reason of any error or omission in the performance of any duty
19under this Section, except in the case of willful or wanton
20conduct. The recorder and the recorder's his or her employees
21or agents are not liable for the decision to refer a lien or
22serve a Demand to Commence Suit, or failure to refer or serve a
23Demand to Commence Suit, of a lien under this Section.
24    (i) Private actions; use of demand and referral process.
25Nothing in this Section precludes a private right of action by
26any party with an interest in the property affected by the

 

 

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1mechanics lien or a decision by the code hearing unit. Nothing
2in this Section requires a person or entity who may have a
3mechanics lien recorded against the person's or entity's his
4or her property to use the mechanics lien demand and referral
5process created by this Section.
6    A lienholder or property owner may remove a matter in the
7referral process to the circuit court at any time prior to the
8final decision of the administrative law judge by delivering a
9certified notice of the suit filed in the circuit court to the
10administrative law judge. Upon receipt of the certified
11notice, the administrative law judge shall dismiss the matter
12without prejudice. If the matter is dismissed due to removal,
13then the demand and referral process is completed for the
14recorder for that property. If the circuit court dismisses the
15removed matter without deciding on whether the lien is expired
16and without prejudice, the recorder may reinstitute the demand
17and referral process under subsection (d).
18    (j) Repeal. This Section is repealed on January 1, 2024.
19(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)
 
20    (55 ILCS 5/3-5011)  (from Ch. 34, par. 3-5011)
21    Sec. 3-5011. Office to remain open during bank holiday.
22Whenever an emergency exists which involves the banking or
23credit structure within the State of Illinois, and which is
24recognized by a proclamation by the Governor or by an act or
25resolution of the General Assembly, and by such proclamation

 

 

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1of the Governor a public holiday has been or shall be declared,
2the proclamation of such public holiday shall not require the
3recorder or registrar of titles in any county in this State to
4close the recorder's or registrar's his office, but every such
5recorder or registrar of titles shall continue to keep the
6recorder's or registrar's his office open and to operate in
7the same manner as though no such public holiday had been
8declared, unless in and by such proclamation the Governor of
9this State shall make specific reference to the closing of
10recorders' or registrars' offices in this State. The actions
11of any recorder or registrar of titles performed prior to May
1226, 1933 and during the continuance of any such holiday, are
13validated.
14(Source: P.A. 86-962.)
 
15    (55 ILCS 5/3-5012)  (from Ch. 34, par. 3-5012)
16    Sec. 3-5012. Recording and indexing books. Separate books
17and computer databases may be kept for the recording and
18indexing of different classes of instruments. Three distinct
19series of document numbers may be used for recording documents
20received for recordation, one series of numbers to be preceded
21by the letter "b" in each case, which series shall be used only
22for bills of sale of personal property, chattel mortgages and
23releases, extensions and assignments, thereof, one series of
24numbers to be preceded by the letter "c" in each case, which
25series shall be used only for certificates of discharge of

 

 

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1discharged members of the military, aviation and naval forces
2of the United States, and the other series of document numbers
3shall be used for all other instruments received for
4recordation. When three series of document numbers are thus
5used, a separate place may be provided in the Recorder's
6office for the receipt of each kind of documents to which such
7serial numbers apply.
8(Source: P.A. 86-962.)
 
9    (55 ILCS 5/3-5013)  (from Ch. 34, par. 3-5013)
10    Sec. 3-5013. Transcription or reproduction of written
11instruments. The recorder, when recording at length
12instruments in writing in the his or her office, may
13transcribe the instruments in handwriting or typewriting, make
14photographic or photostatic reproductions of the instruments,
15or transcribe the instruments partly in handwriting or
16typewriting and make photographic or photostatic reproductions
17of the remaining portions of the instruments. Every document,
18however, shall be filed in a complete and intelligible manner.
19The recorder may not accept facsimile or other photographic or
20photostatic copies of the signatures of parties executing
21documents without labeling those signatures as copies unless
22they are digital signatures submitted under federal or State
23law. When photographic or photostatic reproductions are used,
24the recorder shall first be satisfied that the reproductions
25are as lasting and durable as handwritten or typewritten

 

 

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1copies. The reproductions may shall be upon sheets bound
2together in well bound books or placed in books that are
3permanently locked so that the sheets cannot be tampered with
4or removed. When instruments are reproduced by
5microphotography, digital scanning, or otherwise reproduced on
6film as provided in this Section the reproduction thus made
7shall be deemed the record for all purposes.
8(Source: P.A. 86-962; 87-376.)
 
9    (55 ILCS 5/3-5014)  (from Ch. 34, par. 3-5014)
10    Sec. 3-5014. Mortgages or liens filed but not recorded.
11Upon receipt of any mortgage, trust deed or conveyance of
12personal property having the effect of a mortgage or lien upon
13such property, upon which is indorsed the words, "this
14instrument to be filed, but not recorded" or words of a similar
15import, signed by the mortgagee, the mortgagee's his agent or
16attorney, and upon payment of a fee equal to what would be
17charged if the document were to be recorded, the recorder
18shall mark the instrument "filed", endorse the time (including
19the hour of the day) of the receipt thereof and file the same
20in the his office.
21    Each instrument filed as above shall be numbered and
22indexed by the recorder Recorder in the book wherein the
23recorder he alphabetically indexes chattel mortgages and shall
24refer to the number appearing on the filed instrument.
25    The recorder may destroy any instrument filed but not

 

 

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1recorded in the manner hereinabove provided, one year after
2the maturity thereof as stated therein; except, no such
3instrument may be destroyed until one year after the maturity
4of the last extension thereof filed in the recorder's office.
5(Source: P.A. 86-962.)
 
6    (55 ILCS 5/3-5015)  (from Ch. 34, par. 3-5015)
7    Sec. 3-5015. Certificates of discharge or release from
8active duty. Certificates of discharge or MEMBER-4 copy of
9certificate of release or discharge from active duty of
10honorably discharged or separated members of the military,
11aviation and naval forces of the United States shall be
12recorded by each recorder, free of charge, in a separate book
13or computer database which shall be kept for the purpose. The
14recorder in counties of over 500,000 population shall as soon
15as practicable after the recording of the original discharge
16certificate or MEMBER-4 copy of certificate of release or
17discharge from active duty, deliver to each of the persons
18named in the discharge certificate or MEMBER-4 copy of
19certificate of release or discharge from active duty, or the
20person's his agent, one certified copy of the person's his
21discharge certificate or MEMBER-4 copy of certificate of
22release or discharge from active duty without charge.
23Additional certified copies shall be furnished by the recorder
24upon the payment to the recorder of a fee of $1.25, payable in
25advance, for each such additional certified copy. The recorder

 

 

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1may waive the fee for reasonable requests for additional
2copies if the recorder deems collecting the fee to be a burden
3to the county, but only if the fee is waived for all reasonable
4requests for additional copies under this Section.
5    Upon the delivery of the certificate of discharge or
6MEMBER-4 copy of certificate of release or discharge from
7active duty after the recordation thereof is completed, and
8the delivery of one certified copy thereof to the person named
9in the discharge certificate or MEMBER-4 copy of certificate
10of release or discharge from active duty or the person's his
11agent, the receipt theretofore issued by the recorder, or a
12copy thereof shall be surrendered to the recorder, with a
13signed statement acknowledging the receipt of the discharge
14certificate or MEMBER-4 copy of certificate of release or
15discharge from active duty and the certified copy thereof.
16    Certified copies of the certificates of discharge or
17MEMBER-4 copy of certificate of release or discharge from
18active duty furnished by the recorder may vary from the size of
19the original, if in the judgment of the recorder, such
20certified copies are complete and legible.
21    A military discharge form (DD-214) or any other
22certificate of discharge or release from active duty document
23that was issued by the United States government or any state
24government in reference to those who served with an active or
25inactive military reserve unit or National Guard force and
26that was recorded by a County Clerk or Recorder of Deeds is not

 

 

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1subject to public inspection, enjoying all the protection
2covered by the federal Privacy Act of 1974 or any other privacy
3law. These documents shall be accessible only to the person
4named in the document, the named person's dependents, the
5county veterans' service officer, representatives of the
6Department of Veterans' Affairs, or any person with written
7authorization from the named person or the named person's
8dependents. Notwithstanding any other provision in this
9paragraph, these documents shall be made available for public
10inspection and copying in accordance with the archival
11schedule adopted by the National Archives and Records
12Administration and subject to redaction of information that is
13considered private under the Illinois Freedom of Information
14Act, the federal Freedom of Information Act, and the federal
15Privacy Act.
16(Source: P.A. 101-402, eff. 8-16-19.)
 
17    (55 ILCS 5/3-5016)  (from Ch. 34, par. 3-5016)
18    Sec. 3-5016. Quarters; office hours. Every recorder
19Recorder shall keep the recorder's his office at the
20courthouse of the county for which the recorder was elected he
21is recorder, or in counties of the second or third class in
22some other suitable building provided at the county seat by
23the county for which the person was elected he is recorder and
24shall keep the his office open except as hereinafter provided
25and attend to the duties thereof in counties of the first and

 

 

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1second classes from 8 o'clock A.M. to 5 o'clock P.M. of each
2working day, except Saturday and Sunday, and in counties of
3the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
4working day, except Saturday and Sunday. The , and except in
5each county of all classes such days as under any law are or
6may be legal holidays in any part of the county, as regards the
7presenting for payment, acceptance, maturity, protesting, or
8giving notice of the dishonor of bills of exchange, bank
9checks, promissory notes, or other negotiable or commercial
10paper or instruments: Provided, however, that the hours of
11opening and closing of the office of the recorder Recorder may
12be changed and otherwise fixed and determined by the county
13board of any county. Any such action taken by the county board
14shall be by an appropriate resolution passed at a regular
15meeting. The office of the recorder shall accept instruments
16for recordation at all times during which the office is open.
17(Source: P.A. 86-962.)
 
18    (55 ILCS 5/3-5018.2 new)
19    Sec. 3-5018.2. Predictable fee schedule for recordings in
20first and second class counties.
21    (a) The fees of the recorder in counties of the first and
22second class for recording deeds or other instruments in
23writing and maps of plats of additions, subdivisions, or
24otherwise and for certifying copies of records shall be paid
25in advance and shall conform to this Section. The fees or

 

 

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1surcharges shall not, unless otherwise provided in this
2Section, be based on the individual attributes of a document
3to be recorded, including, but not limited to, page count;
4number, length, or type of legal descriptions; number of tax
5identification or other parcel-identifying code numbers;
6number of common addresses; number of references contained as
7to other recorded documents or document numbers; or any other
8individual attribute of the document. The fees charged under
9this Section shall be inclusive of all county and State fees
10that the county may elect or is required to impose or adjust,
11including, but not limited to, GIS fees, automation fees,
12document storage fees, and the Rental Housing Support Program
13State and county surcharges.
14    (b) A county of the first or second class shall adopt and
15implement, by ordinance or resolution, a predictable fee
16schedule as provided in subsection (c) that eliminates
17surcharges or fees based on the individual attributes of a
18document to be recorded. If a county has previously adopted an
19ordinance or resolution adopting a predictable fee schedule,
20the county must adopt an ordinance or resolution revising that
21predictable fee schedule to be consistent with this Section.
22After a document class predictable fee is approved by a county
23board consistent with this Section, the county board may, by
24ordinance or resolution, increase the document class
25predictable fee and collect the increased fees if the
26established fees are not sufficient to cover the costs of

 

 

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1providing the services related to the document class for which
2the fee is to be increased.
3    For the purposes of the fee charged, the ordinance or
4resolution shall divide documents into the classifications
5specified in subsection (c), and shall establish a single,
6all-inclusive county and State-imposed aggregate predictable
7fee charged for each classification of document at the time of
8recording for that document. Each document, unless otherwise
9provided in this Section, shall fall within one of the
10document class predictable fee classifications set by
11subsection (c), and fees for each document class shall be
12charged only as allowed by this Section.
13    Before approval of an ordinance or resolution under this
14subsection that creates or modifies a predictable fee
15schedule, the recorder or county clerk shall post a notice in
16the recorder's or clerk's office at least 2 weeks prior, but
17not more than 4 weeks prior, to the public meeting at which the
18ordinance or resolution may be adopted. The notice shall
19contain the proposed ordinance or resolution number, if any,
20the proposed document class predictable fees for each
21classification, and a reference to this Section and this
22amendatory Act of the 103rd General Assembly. A predictable
23fee schedule takes effect 60 days after an ordinance or
24resolution is adopted, unless the fee schedule was previously
25created and the ordinance or resolution is a modification
26allowed under this Section.

 

 

10300SB2227sam001- 34 -LRB103 28861 AWJ 59034 a

1    Nothing in this Section precludes a county board from
2adjusting amounts or allocations within a given document class
3predictable fee when the document class predictable fee is not
4increased or precludes an alternate predictable fee schedule
5for electronic recording within each of the classifications
6under subsection (c).
7    If the Rental Housing Support Program State surcharge is
8amended and the surcharge is increased or lowered, the
9aggregate amount of the document predictable fee attributable
10to the surcharge in the document may be changed accordingly.
11If any fee or surcharge is changed by State statute, the county
12may increase the document class fees by the same amount
13without any cost study.
14    (c) A predictable fee schedule ordinance or resolution
15adopted under this Section shall list document fees, including
16document class predictable fees. The document classes shall be
17as follows:
18        (1) Deeds. The aggregate fee for recording deeds shall
19    not be less than $31 (being a minimum $13 county fee plus
20    $18 for the Rental Housing Support Program State
21    surcharge). Inclusion of language in the deed as to any
22    restriction; covenant; lien; oil, gas, or other mineral
23    interest; easement; lease; or a mortgage shall not alter
24    the classification of a document as a deed.
25        (2) Leases, lease amendments, and similar transfer of
26    interest documents. The aggregate fee for recording

 

 

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1    leases, lease amendments, and similar transfers of
2    interest documents shall not be less than $31 (being a
3    minimum $13 county fee plus $18 for the Rental Housing
4    Support Program State surcharge).
5        (3) Mortgages. The aggregate fee for recording
6    mortgages, including assignments, extensions, amendments,
7    subordinations, and mortgage releases shall not be less
8    than $31 (being a minimum $13 county fee plus $18 for the
9    Rental Housing Support Program State surcharge).
10        (4) Easements not otherwise part of another
11    classification. The aggregate fee for recording easements
12    not otherwise part of another classification, including
13    assignments, extensions, amendments, and easement releases
14    not filed by a State agency, unit of local government, or
15    school district, shall not be less than $31 (being a
16    minimum $13 county fee plus $18 for the Rental Housing
17    Support Program State surcharge).
18        (5) Irregular documents. Any document presented that
19    does not conform to the following standards, even if it
20    may qualify for another document class, may be recorded
21    under this document class (5) if the irregularity allows a
22    legible reproduction of the document presented:
23            (A) The document shall consist of one or more
24        individual sheets measuring 8.5 inches by 11 inches,
25        not permanently bound, and not a continuous form.
26        Graphic displays accompanying a document to be

 

 

10300SB2227sam001- 36 -LRB103 28861 AWJ 59034 a

1        recorded that measure up to 11 inches by 17 inches
2        shall be recorded without charging an additional fee.
3            (B) The document shall be legibly printed in black
4        ink by hand, type, or computer. Signatures and dates
5        may be in contrasting colors if they will reproduce
6        clearly.
7            (C) The document shall be on white paper of not
8        less than 20-pound weight and shall have a clean
9        margin of at least one-half inch on the top, the
10        bottom, and each side. Margins may be used only for
11        non-essential notations that will not affect the
12        validity of the document, including, but not limited
13        to, form numbers, page numbers, and customer
14        notations.
15            (D) The first page of the document shall contain a
16        blank space, measuring at least 3 inches by 5 inches,
17        from the upper right corner.
18            (E) The document shall not have any attachment
19        stapled or otherwise affixed to any page.
20        The aggregate fee for recording an irregular document
21    shall not be less than $31 (being a minimum $13 county fee
22    plus $18 for the Rental Housing Support Program State
23    surcharge).
24        (6) Blanket recordings. For any document that makes
25    specific reference to more than 5 tax parcels or property
26    identification numbers, or makes reference to 5 or more

 

 

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1    document numbers, the aggregate fee shall be not less than
2    $31 (being a minimum $13 county fee plus $18 for the Rental
3    Housing Support Program State surcharge). A county may
4    adopt by ordinance and publish with its fee schedule an
5    additional fee or formula for each parcel, property
6    identification number, or document reference, above 5,
7    contained in an accepted document.
8        (7) Miscellaneous. The aggregate fee for recording
9    documents not otherwise falling within classifications
10    under paragraphs (1) through (6) and are not otherwise
11    exempted documents shall not be less than $31 (being a
12    minimum $13 county fee plus $18 for the Rental Housing
13    Support Program State surcharge).
14    (d) For recording maps or plats of additions,
15subdivisions, or otherwise (including the spreading of the
16same of record in well bound books), $100 plus $2 for each
17tract, parcel, or lot contained in the map or plat.
18    (e) Documents presented that meet the following criteria
19shall be charged as otherwise provided by law or ordinance:
20        (1) a document recorded pursuant to the Uniform
21    Commercial Code; or
22        (2) a State lien or a federal lien.
23    Notwithstanding any other provision in this Section: (i)
24the maximum fee that may be collected from the Department of
25Revenue for filing or indexing a lien, certificate of lien
26release or subordination, or any other type of notice or other

 

 

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1documentation affecting or concerning a lien is $5; and (ii)
2the maximum fee that may be collected from the Department of
3Revenue for indexing each additional name in excess of one for
4any lien, certificate of lien release or subordination, or any
5other type of notice or other documentation affecting or
6concerning a lien is $1.
7    (f) For certified and non-certified copies of records, the
8recorder and county may set a predictable fee for all copies
9that does not exceed the highest total recording fee in any
10established document classes, unless the copy fee is otherwise
11provided in statute or ordinance. The total fee for a
12certified copy of a map or plat of an addition, subdivision, or
13otherwise may not exceed $200.
14    The fees allowed under this subsection apply to all
15records, regardless of when they were recorded, based on
16current recording fees. These predictable fees for certified
17and non-certified copies shall apply to portions of documents
18and to copies provided in any format, including paper,
19microfilm, or electronic. A county may adopt a per-line
20pricing structure for copies of information in database
21format.
22    (g) As provided under subsection (c), the recorder shall
23collect an $18 Rental Housing Support Program State surcharge
24for the recordation of any real estate-related document.
25Payment of the Rental Housing Support Program State surcharge
26shall be evidenced by a receipt that shall be marked upon or

 

 

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1otherwise affixed to the real estate-related document by the
2recorder. The form of this receipt shall be prescribed by the
3Department of Revenue and the receipts shall be issued by the
4Department of Revenue to each county recorder.
5    The recorder shall not collect the Rental Housing Support
6Program State surcharge from any State agency, unit of local
7government, or school district.
8    On the 15th day of each month, each county recorder shall
9report to the Department of Revenue, on a form prescribed by
10the Department, the number of real estate-related documents
11recorded for which the Rental Housing Support Program State
12surcharge was collected. Each recorder shall submit $18 of
13each surcharge collected in the preceding month to the
14Department of Revenue and the Department shall deposit these
15amounts in the Rental Housing Support Program Fund. Subject to
16appropriation, amounts in the Fund may be expended only for
17the purpose of funding and administering the Rental Housing
18Support Program.
19    As used in this subsection, "real estate-related document"
20means that term as it is defined in Section 7 of the Rental
21Housing Support Program Act.
 
22    (55 ILCS 5/3-5019)  (from Ch. 34, par. 3-5019)
23    Sec. 3-5019. Monthly list of conveyances. Immediately
24following each calendar month, the recorder, in counties with
25less than 1,000,000 inhabitants shall, upon their request,

 

 

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1transmit copies of all documents, plats and deeds conveying
2real property to the county clerk, the county treasurer, the
3tax map department, the supervisor of assessments and the
4township assessor for which the office he shall be paid by the
5county the usual and customary fee charged by the recorder for
6furnishing such documents.
7(Source: P.A. 86-962.)
 
8    (55 ILCS 5/3-5020)  (from Ch. 34, par. 3-5020)
9    Sec. 3-5020. Information to accompany conveyance
10documents.
11    (a) In counties of the first and second class no recorder
12shall record any conveyance of real estate unless the
13conveyance contains the name and address of the grantee for
14tax billing purposes.
15    (b) In counties with 3,000,000 or more inhabitants, the
16county recorder shall not accept for filing any deed or
17assignment of beneficial interest in a land trust in a
18transaction which is exempt from filing a real estate transfer
19declaration under the provisions of Section 4 of the Real
20Estate Transfer Tax Act, unless the deed or assignment of a
21beneficial interest is accompanied by,
22        (1) a sworn or affirmed statement executed by the
23    grantor or the grantor's his agent stating that, to the
24    best of the grantor's or the grantor's agent's his
25    knowledge, the name of the grantee shown on the deed or

 

 

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1    assignment of beneficial interest in a land trust is
2    either a natural person, an Illinois Corporation or
3    foreign corporation authorized to do business or acquire
4    and hold title to real estate in Illinois, a partnership
5    authorized to do business or acquire and hold title to
6    real estate in Illinois, or other entity recognized as a
7    person and authorized to do business or acquire and hold
8    title to real estate under the laws of the State of
9    Illinois, and
10        (2) a sworn or affirmed statement executed by the
11    grantee or the grantee's his agent verifying that the name
12    of the grantee shown on the deed or assignment of
13    beneficial interest in a land trust is either a natural
14    person, an Illinois corporation or foreign corporation
15    authorized to do business or acquire and hold title to
16    real estate in Illinois, a partnership authorized to do
17    business or acquire and hold title to real estate in
18    Illinois, or other entity recognized as a person and
19    authorized to do business or acquire and hold title to
20    real estate under the laws of the State of Illinois. Any
21    person who knowingly submits a false statement required
22    under this Section concerning the identity of a grantee is
23    guilty of a Class C misdemeanor. A second or subsequent
24    conviction of such offense is a Class A misdemeanor.
25    (c) In the event that the document of conveyance is a
26trustee's deed issued under resignation by a land trustee, the

 

 

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1statements pursuant to paragraphs (1) and (2) of subsection
2(b) shall not be required, but the trustee's deed shall
3instead be accompanied by a sworn or affirmed statement
4executed by the grantor land trustee stating that the
5trustee's deed has been issued pursuant to resignation by the
6trustee, and that the name of the grantee shown on the
7trustee's deed is the name of the beneficiary of the trust as
8the trustee's his name appears in the trust files as of the
9date of resignation.
10(Source: P.A. 86-962; 87-543; 87-1236.)
 
11    (55 ILCS 5/3-5020.5)
12    Sec. 3-5020.5. Information concerning recorded or filed
13instruments. Each instrument recorded or filed with the
14county recorder must contain the following:
15    (1) The name and address of the person to whom the
16instrument is to be returned.
17    (2) The recorder's document number of any instrument (i)
18referred to in the instrument being recorded or filed or (ii)
19relating to the instrument being recorded or filed, such as,
20without limitation, the recorder's document number of a
21mortgage when the instrument being recorded or filed is a
22release of that mortgage.
23    (3) The book and page number, if applicable, or document
24number of any instrument (i) referred to in the instrument
25being recorded or filed or (ii) relating to the instrument

 

 

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1being recorded or filed.
2(Source: P.A. 88-691, eff. 1-24-95.)
 
3    (55 ILCS 5/3-5021)  (from Ch. 34, par. 3-5021)
4    Sec. 3-5021. Recording or registering instruments
5transferring title to real estate or a beneficial interest in
6real estate subject to a land trust. If any home rule
7municipality has levied a real estate transfer tax and a
8certified copy of the ordinance or resolution levying the tax,
9specifying the rates and the design and denomination of stamps
10evidencing payment thereof, has been on file with the county
11recorder for at least 30 days, the recorder of that county may
12not accept for recording or for registration under "An Act
13concerning land titles", approved May 1, 1897, as amended, any
14instrument transferring title to real estate in that
15municipality, or the beneficial interest in real estate in
16that municipality which is the subject of a land trust, for
17which revenue stamps are required to be purchased under the
18"Real Estate Transfer Tax Act", approved July 17, 1967, as
19amended, without proof of payment of the municipal real estate
20transfer tax.
21(Source: P.A. 86-962.)
 
22    (55 ILCS 5/3-5024)  (from Ch. 34, par. 3-5024)
23    Sec. 3-5024. Certificate of time of filing. When any
24instrument in writing is recorded in the recorder's office,

 

 

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1the recorder shall indorse upon such instrument a certificate
2of the time (including the hour of the day) when the same was
3accepted received for recordation (which shall be considered
4the time of recording the same), and the book and page or
5document number by and in which the same is recorded. The
6recorder shall sign the certificate or shall affix the
7recorder's his facsimile signature thereto. A physical or
8electronic image of the recorder's stamp satisfies the
9signature requirement for recorded instruments prior to, on,
10and after the effective date of this amendatory Act of the
11102nd General Assembly.
12    The certificate, when signed by the recorder, or to which
13the recorder he has affixed the recorder's his facsimile
14signature or a physical or electronic image of the recorder's
15stamp, shall be evidence of the facts therein stated.
16(Source: P.A. 102-838, eff. 5-13-22.)
 
17    (55 ILCS 5/3-5025)  (from Ch. 34, par. 3-5025)
18    Sec. 3-5025. Books. Every recorder shall keep the
19following books or computer databases:
20        1. An entry book, in which the recorder he or she
21    shall, immediately on the receipt of any instrument to be
22    recorded or filed, enter, in the order of its reception,
23    the names of the parties thereto, its date, the day of the
24    month, hour and year of receiving the same, and a brief
25    description of the premises, indorsing upon each

 

 

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1    instrument a number corresponding with the number of such
2    entry.
3        2. A grantor's index, in which shall be entered the
4    name of each grantor, in alphabetical order, the name of
5    the grantee, date of the instrument, time of receipt, kind
6    of instrument, consideration, the book and page in which
7    it is recorded, or the number under which it is filed, and
8    a brief description of the premises.
9        3. A grantee's index, in which shall be entered the
10    name of each grantee, in alphabetical order, the name of
11    the grantor, date of the instrument, time of receipt, kind
12    of instrument, consideration, the book and page in which
13    it is recorded, or the number under which it is filed, and
14    a brief description of the premises.
15        4. An index to each book or computer database of
16    record, in which shall be entered, in alphabetical order,
17    the name of each grantor and grantee, and the page number
18    in which or reference number to which the instrument is
19    recorded.
20        5. When required by the county board, an abstract
21    book, which shall show by tracts every conveyance or
22    incumbrance recorded, the date of the instrument, time of
23    filing the same, the book and page where the same is
24    recorded; which book shall be so kept as to show a true
25    chain of title to each tract and the incumbrances thereon,
26    as shown by the records of the his office.

 

 

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1        6. An index to recorded maps, plats and subdivisions,
2    such index to be made by description of land mapped, or
3    subdivided by range, township, Section, quarter-section,
4    etc.
5        7. An index showing in alphabetical order the names of
6    the parties against whom judgments have been rendered or
7    made and transcripts or memoranda of such judgments have
8    been recorded, and the parties named in notices recorded
9    pursuant to Section 1 of "An Act concerning constructive
10    notice of condemnation proceedings, proceedings to sell
11    real property of decedents to pay debts, or other suits
12    seeking equitable relief involving real property, and
13    proceedings in bankruptcy" approved June 11, 1917, as
14    amended.
15        8. An index of all ordinances, petitions, assessment
16    rolls, orders, judgments or other documents filed or
17    recorded in respect of any drainage or special assessment
18    matter sufficient to enable the public to identify all
19    tracts involved therein and to locate all the documents
20    which have been filed or recorded. The recorder may
21    solicit the assistance of the State Records Commission in
22    organizing and indexing these documents.
23    Any recorder may install or contract for the use of a
24computerized system that will permit automated entry and
25indexing, alphabetically by document, of instruments filed in
26the his or her office and that will provide both quick search

 

 

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1and retrieval of such entries and hard copy print output,
2whether on paper, optical disk media, or microfilm, of such
3entries as indexed. If such a computerized system has been in
4use in the his or her office for at least 6 months and the
5recorder determines that it provides accurate and reliable
6indices that may be stored as permanent records, more quickly
7and efficiently than the system previously used, the recorder
8may thereafter discontinue the use of the manual system and
9use only the computerized system for such indices. In that
10event, references in this Division to books, records or forms
11as relate to such indices are intended to encompass and refer
12to the computer system and all materials and forms directly
13related to that system and its proper use.
14    This Section is subject to the Local Records Act.
15(Source: P.A. 88-661, eff. 9-16-94.)
 
16    (55 ILCS 5/3-5029)  (from Ch. 34, par. 3-5029)
17    Sec. 3-5029. Map, plat or subdivision of land; penalty. No
18person shall offer or present for recording or record any map,
19plat or subdivision of land situated in any incorporated city,
20town or village, nor within 1 1/2 miles of the corporate limits
21of any incorporated city, town or village which has adopted a
22city plan and is exercising the special powers authorized by
23Division 12 of Article 11 of the Illinois Municipal Code, as
24now or hereafter amended, and not included in any municipality
25unless the map, plat or subdivision is under the seal of a

 

 

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1registered Illinois land surveyor and unless it is entitled to
2record as provided in Sections 11-15-1 and 11-12-3 of the
3Illinois Municipal Code, as now or hereafter amended. Any map,
4plat or subdivision of land presented for recording shall have
5attached thereto or endorsed thereon the Certificate of an
6Illinois Registered Land Surveyor that the land is or is not
7within any incorporated city, town or village, nor within 1
81/2 miles of the corporate limits of any incorporated city,
9town or village which has adopted a city plan and is exercising
10the special powers authorized by Division 12 of Article 11 of
11the Illinois Municipal Code, as now or hereafter amended, and
12not included in any municipality. No person shall offer or
13present for recording or record any subdivision plat of any
14lands bordering on or including any public waters of the State
15in which the State of Illinois has any property rights or
16property interests, unless such subdivision plat is under the
17seal of a registered Illinois Land Surveyor and is approved by
18the Department of Natural Resources, nor shall any person
19offer or present for recording or record any map, plat or
20subdivision of lands, without indicating whether any part of
21which as shown on the map, plat or subdivision is located
22within a special flood hazard area as identified by the
23Federal Emergency Management Agency nor shall any person offer
24or present for recording or record any map, plat or
25subdivision of land situated outside any incorporated city,
26town or village unless the map, plat or subdivision is under

 

 

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1the seal of a registered Illinois land surveyor, and unless it
2is entitled to record as provided in Section 5-1045, however,
3the provisions of this Section shall not apply to any street or
4highway survey map or plat. Any person who records, or who
5offers or presents for recording, which offer or presentation
6results in a recording of, any map, plat or subdivision of land
7which the person he knows to be in violation of this Section
8shall pay to the county the sum of $1,000 $200, to be recovered
9in the circuit court, in the name of the state, for the use of
10the county, with costs of suit.
11(Source: P.A. 89-445, eff. 2-7-96.)
 
12    (55 ILCS 5/3-5031)  (from Ch. 34, par. 3-5031)
13    Sec. 3-5031. Penalty. If any recorder shall willfully fail
14to perform any duty imposed upon the recorder him by this
15Division, the recorder he shall be guilty of malfeasance in
16office, and shall be punished accordingly, and shall be liable
17to the party injured for all damages occasioned thereby.
18(Source: P.A. 95-877, eff. 1-1-09.)
 
19    (55 ILCS 5/3-5033)  (from Ch. 34, par. 3-5033)
20    Sec. 3-5033. County to furnish books, equipment and
21supplies. The county board of each county shall from time to
22time, as may be necessary, provide the recorder of such county
23with well-bound and properly ruled books, and where
24photostating, optical disk storage, or microfilming is used,

 

 

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1the recorder shall likewise be furnished all such equipment
2(such as computers, printers, and scanners) and supplies
3necessary to the execution of the duties of the his office.
4They may procure books of printed forms to be filled up in the
5recording of any instrument, when the same may be done without
6interlineation or erasure, and shall in all cases, when
7practicable, procure the necessary index and abstract books
8with printed headings. The cost of such books, equipment and
9supplies shall be chargeable against the surplus fees of the
10office, or paid by the county.
11(Source: P.A. 88-661, eff. 9-16-94.)
 
12    (55 ILCS 5/3-5036.5)
13    Sec. 3-5036.5. Exchange of information for child support
14enforcement.
15    (a) The recorder Recorder shall exchange with the
16Department of Healthcare and Family Services information that
17may be necessary for the enforcement of child support orders
18entered pursuant to the Illinois Public Aid Code, the Illinois
19Marriage and Dissolution of Marriage Act, the Non-Support of
20Spouse and Children Act, the Non-Support Punishment Act, the
21Revised Uniform Reciprocal Enforcement of Support Act, the
22Uniform Interstate Family Support Act, the Illinois Parentage
23Act of 1984, or the Illinois Parentage Act of 2015.
24    (b) Notwithstanding any provisions in this Code to the
25contrary, the recorder Recorder shall not be liable to any

 

 

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1person for any disclosure of information to the Department of
2Healthcare and Family Services (formerly Illinois Department
3of Public Aid) under subsection (a) or for any other action
4taken in good faith to comply with the requirements of
5subsection (a).
6(Source: P.A. 99-85, eff. 1-1-16.)
 
7    (55 ILCS 5/3-5037)  (from Ch. 34, par. 3-5037)
8    Sec. 3-5037. Instruments to be re-recorded; fee; penalty.
9In all cases where the records of any county have been or shall
10hereafter be destroyed by fire or other casualty, it shall be
11the duty of the recorder of such county to re-record all deeds,
12mortgages or other instruments in writing which may have been
13recorded or filed for record prior to the destruction of such
14records, together with the certificates of such original
15recording, that may be filed in the his office for
16re-recording; and the recorder may charge and receive, as a
17fee for re-recording such deeds, mortgages and other
18instruments aforesaid, and the certificate of such recording,
195¢ for each 100 words or fractions thereof, and no more; and
20any recorder who shall charge a greater fee than the
21foregoing, or who shall refuse to re-record such instruments
22in writing, for the fee aforesaid, shall be deemed guilty of
23malfeasance in office, and subject to all the penalties
24prescribed by law for such offense.
25(Source: P.A. 86-962.)
 

 

 

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1    (55 ILCS 5/3-5038)  (from Ch. 34, par. 3-5038)
2    Sec. 3-5038. Judgment dockets. In all counties where a
3recorder is elected in which the recorder has heretofore been,
4or shall hereafter be required by the county board to keep
5abstract books showing by tract every conveyance or
6incumbrance recorded, the date of the instrument, the time of
7filing same, the book and page where the same is recorded, and
8showing a true chain of title to each tract and the
9incumbrances thereon, as shown by the records of the his
10office, such recorder shall and he is hereby authorized to
11keep judgment dockets and indexes thereto, showing all
12judicial proceedings affecting title to real estate in such
13county, tax sale books with indexes thereto, showing sales or
14forfeitures of all lands in the county for unpaid taxes and
15assessments, and such other books as are usual or necessary to
16be kept for the purpose of making complete abstracts of title
17to real estate; and the county board shall furnish such
18recorder with the necessary rooms, books, stationery, fuel and
19lights for the purposes herein set forth: Provided, that
20nothing in this Division shall be construed to empower the
21recorder to prevent the public from examining and taking
22memoranda from all records and instruments filed for record,
23indexes and other books in the recorder's his official
24custody, but it shall be the recorder's his duty at all times,
25when the his office is or is required by law to be open, to

 

 

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1allow all persons without fee or reward to examine and take
2memoranda from the same. This Section is subject to the
3provisions of the "The Local Records Act".
4(Source: P.A. 86-962.)
 
5    (55 ILCS 5/3-5045)  (from Ch. 34, par. 3-5045)
6    Sec. 3-5045. Scope of liability in connection with Uniform
7Commercial Code. No recorder nor any of the recorder's his
8employees or agents shall be subject to personal liability by
9reason of any error or omission in the performance of any duty
10under Article 9 of the Uniform Commercial Code except in case
11of willful wilful negligence.
12(Source: P.A. 86-962.)
 
13    (55 ILCS 5/4-12002.3 new)
14    Sec. 4-12002.3. Predictable fee schedule for recordings in
15third class counties.
16    (a) The fees of the recorder in counties of the third class
17for recording deeds or other instruments in writing and maps
18of plats of additions, subdivisions, or otherwise and for
19certifying copies of records shall be paid in advance and
20shall conform to this Section. The fees or surcharges shall
21not, unless otherwise provided in this Section, be based on
22the individual attributes of a document to be recorded,
23including, but not limited to, page count; number, length, or
24type of legal descriptions; number of tax identification or

 

 

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1other parcel-identifying code numbers; number of common
2addresses; number of references contained as to other recorded
3documents or document numbers; or any other individual
4attribute of the document. The fees charged under this Section
5shall be inclusive of all county and State fees that the county
6may elect or is required to impose or adjust, including, but
7not limited to, GIS fees, automation fees, document storage
8fees, and the Rental Housing Support Program State and county
9surcharges.
10    (b) A county of the third class shall adopt and implement,
11by ordinance or resolution, a predictable fee schedule as
12provided in subsection (c) that eliminates surcharges or fees
13based on the individual attributes of a document to be
14recorded. If a county has previously adopted an ordinance or
15resolution adopting a predictable fee schedule, the county
16must adopt an ordinance or resolution revising that
17predictable fee schedule to be consistent with this Section.
18After a document class predictable fee is approved by a county
19board consistent with this Section, the county board may, by
20ordinance or resolution, increase the document class
21predictable fee and collect the increased fees if the
22established fees are not sufficient to cover the costs of
23providing the services related to the document class for which
24the fee is to be increased.
25    For the purposes of the fee charged, the ordinance or
26resolution shall divide documents into the classifications

 

 

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1specified in subsection (c), and shall establish a single,
2all-inclusive county and State-imposed aggregate predictable
3fee charged for each classification of document at the time of
4recording for that document. Each document, unless otherwise
5provided in this Section, shall fall within one of the
6document class predictable fee classifications set by
7subsection (c), and fees for each document class shall be
8charged only as allowed by this Section.
9    Before approval of an ordinance or resolution under this
10subsection that creates or modifies a predictable fee
11schedule, the recorder or county clerk shall post a notice in
12the recorder's or clerk's office at least 2 weeks prior, but
13not more than 4 weeks prior, to the public meeting at which the
14ordinance or resolution may be adopted. The notice shall
15contain the proposed ordinance or resolution number, if any,
16the proposed document class predictable fees for each
17classification, and a reference to this Section and this
18amendatory Act of the 103rd General Assembly. A predictable
19fee schedule takes effect 60 days after an ordinance or
20resolution is adopted, unless the fee schedule was previously
21created and the ordinance or resolution is a modification
22allowed under this Section.
23    Nothing in this Section precludes a county board from
24adjusting amounts or allocations within a given document class
25predictable fee when the document class predictable fee is not
26increased or precludes an alternate predictable fee schedule

 

 

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1for electronic recording within each of the classifications
2under subsection (c).
3    If the Rental Housing Support Program State surcharge is
4amended and the surcharge is increased or lowered, the
5aggregate amount of the document predictable fee attributable
6to the surcharge in the document may be changed accordingly.
7If any fee or surcharge is changed by State statute, the county
8may increase the document class fees by the same amount
9without any cost study.
10    (c) A predictable fee schedule ordinance or resolution
11adopted under this Section shall list document fees, including
12document class predictable fees. The document classes shall be
13as follows:
14        (1) Deeds. The aggregate fee for recording deeds shall
15    not be less than $39 (being a minimum $21 county fee plus
16    $18 for the Rental Housing Support Program State
17    surcharge). Inclusion of language in the deed as to any
18    restriction; covenant; lien; oil, gas, or other mineral
19    interest; easement; lease; or a mortgage shall not alter
20    the classification of a document as a deed.
21        (2) Leases, lease amendments, and similar transfer of
22    interest documents. The aggregate fee for recording
23    leases, lease amendments, and similar transfers of
24    interest documents shall not be less than $39 (being a
25    minimum $21 county fee plus $18 for the Rental Housing
26    Support Program State surcharge).

 

 

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1        (3) Mortgages. The aggregate fee for recording
2    mortgages, including assignments, extensions, amendments,
3    subordinations, and mortgage releases shall not be less
4    than $39 (being a minimum $21 county fee plus $18 for the
5    Rental Housing Support Program State surcharge).
6        (4) Easements not otherwise part of another
7    classification. The aggregate fee for recording easements
8    not otherwise part of another classification, including
9    assignments, extensions, amendments, and easement releases
10    not filed by a State agency, unit of local government, or
11    school district, shall not be less than $39 (being a
12    minimum $21 county fee plus $18 for the Rental Housing
13    Support Program State surcharge).
14        (5) Irregular documents. Any document presented that
15    does not conform to the following standards, even if it
16    may qualify for another document class, may be recorded
17    under this document class (5) if the irregularity allows a
18    legible reproduction of the document presented:
19            (A) The document shall consist of one or more
20        individual sheets measuring 8.5 inches by 11 inches,
21        not permanently bound, and not a continuous form.
22        Graphic displays accompanying a document to be
23        recorded that measure up to 11 inches by 17 inches
24        shall be recorded without charging an additional fee.
25            (B) The document shall be legibly printed in black
26        ink by hand, type, or computer. Signatures and dates

 

 

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1        may be in contrasting colors if they will reproduce
2        clearly.
3            (C) The document shall be on white paper of not
4        less than 20-pound weight and shall have a clean
5        margin of at least one-half inch on the top, the
6        bottom, and each side. Margins may be used only for
7        non-essential notations that will not affect the
8        validity of the document, including, but not limited
9        to, form numbers, page numbers, and customer
10        notations.
11            (D) The first page of the document shall contain a
12        blank space, measuring at least 3 inches by 5 inches,
13        from the upper right corner.
14            (E) The document shall not have any attachment
15        stapled or otherwise affixed to any page.
16        The aggregate fee for recording an irregular document
17    shall not be less than $39 (being a minimum $21 county fee
18    plus $18 for the Rental Housing Support Program State
19    surcharge).
20        (6) Blanket recordings. For any document that makes
21    specific reference to more than 5 tax parcels or property
22    identification numbers, or makes reference to 5 or more
23    document numbers, the aggregate fee shall be not less than
24    $39 (being a minimum $21 county fee plus $18 for the Rental
25    Housing Support Program State surcharge). A county may
26    adopt by ordinance and publish with its fee schedule an

 

 

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1    additional fee or formula for each parcel, property
2    identification number, or document reference, above 5,
3    contained in an accepted document.
4        (7) Miscellaneous. The aggregate fee for recording
5    documents not otherwise falling within classifications
6    under paragraphs (1) through (6) and are not otherwise
7    exempted documents shall not be less than $39 (being a
8    minimum $21 county fee plus $18 for the Rental Housing
9    Support Program State surcharge).
10    (d) For recording maps or plats of additions,
11subdivisions, or otherwise (including the spreading of the
12same of record in well bound books), $100 plus $2 for each
13tract, parcel, or lot contained in the map or plat.
14    (e) Documents presented that meet the following criteria
15shall be charged as otherwise provided by law or ordinance:
16        (1) a document recorded pursuant to the Uniform
17    Commercial Code; or
18        (2) a State lien or a federal lien.
19    Notwithstanding any other provision in this Section: (i)
20the maximum fee that may be collected from the Department of
21Revenue for filing or indexing a lien, certificate of lien
22release or subordination, or any other type of notice or other
23documentation affecting or concerning a lien is $5; and (ii)
24the maximum fee that may be collected from the Department of
25Revenue for indexing each additional name in excess of one for
26any lien, certificate of lien release or subordination, or any

 

 

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1other type of notice or other documentation affecting or
2concerning a lien is $1.
3    (f) For recording any document that affects an interest in
4real property, other than documents which solely affect or
5relate to an easement for water, sewer, electricity, gas,
6telephone, or other public service, the recorder shall charge
7a minimum fee of $1 per document to all filers of documents not
8filed by any State agency, any unit of local government, or any
9school district. Half of the fee shall be deposited into the
10county general revenue fund. The remaining half shall be
11deposited into the County Recorder Document Storage System
12Fund and may not be appropriated or expended for any other
13purpose. The additional amounts available to the recorder for
14expenditure from the County Recorder Document Storage System
15Fund shall not offset or reduce any other county
16appropriations or funding for the office of the recorder.
17    (g) For certified and non-certified copies of records, the
18recorder and county may set a predictable fee for all copies
19that does not exceed the highest total recording fee in any
20established document classes, unless the copy fee is otherwise
21provided in statute or ordinance. The total fee for a
22certified copy of a map or plat of an addition, subdivision, or
23otherwise may not exceed $200.
24    The fees allowed under this subsection apply to all
25records, regardless of when they were recorded, based on
26current recording fees. These predictable fees for certified

 

 

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1and non-certified copies shall apply to portions of documents
2and to copies provided in any format, including paper,
3microfilm, or electronic. A county may adopt a per-line
4pricing structure for copies of information in database
5format.
6    (h) As provided under subsection (c), the recorder shall
7collect an $18 Rental Housing Support Program State surcharge
8for the recordation of any real estate-related document.
9Payment of the Rental Housing Support Program State surcharge
10shall be evidenced by a receipt that shall be marked upon or
11otherwise affixed to the real estate-related document by the
12recorder. The form of this receipt shall be prescribed by the
13Department of Revenue and the receipts shall be issued by the
14Department of Revenue to each county recorder.
15    The recorder shall not collect the Rental Housing Support
16Program State surcharge from any State agency, unit of local
17government, or school district.
18    On the 15th day of each month, each county recorder shall
19report to the Department of Revenue, on a form prescribed by
20the Department, the number of real estate-related documents
21recorded for which the Rental Housing Support Program State
22surcharge was collected. Each recorder shall submit $18 of
23each surcharge collected in the preceding month to the
24Department of Revenue and the Department shall deposit these
25amounts in the Rental Housing Support Program Fund. Subject to
26appropriation, amounts in the Fund may be expended only for

 

 

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1the purpose of funding and administering the Rental Housing
2Support Program.
3    As used in this subsection, "real estate-related document"
4means that term as it is defined in Section 7 of the Rental
5Housing Support Program Act.
 
6    (55 ILCS 5/4-12003)  (from Ch. 34, par. 4-12003)
7    Sec. 4-12003. Fees of county clerk in third class
8counties. The fees of the county clerk in counties of the third
9class are:
10    For issuing each civil union or marriage license, sealing,
11filing and recording the same and the certificate thereto (one
12charge), a fee to be determined by the county board of the
13county, not to exceed $75, which shall be the same, whether for
14a civil union or marriage license. $5 from all civil union and
15marriage license fees shall be remitted by the clerk to the
16State Treasurer for deposit into the Domestic Violence Fund.
17    For taking, certifying to and sealing the acknowledgment
18of a deed, power of attorney, or other writing, $1.
19    For filing and entering certificates in case of estrays,
20and furnishing notices for publication thereof (one charge),
21$1.50.
22    For recording all papers and documents required by law to
23be recorded in the office of the county clerk, $2 plus 30¢ for
24every 100 words in excess of 600 words.
25    For certificate and seal, not in a case in a court whereof

 

 

10300SB2227sam001- 63 -LRB103 28861 AWJ 59034 a

1he is clerk, $1.
2    For making and certifying a copy of any record or paper in
3his office, $2 for every page.
4    For filing papers in his office, 50¢ for each paper filed,
5except that no fee shall be charged for filing a Statement of
6economic interest pursuant to the Illinois Governmental Ethics
7Act or reports made pursuant to Article 9 of The Election Code.
8    For making transcript of taxable property for the
9assessors, 8¢ for each tract of land or town lot. For extending
10other than State and county taxes, 8¢ for each tax on each
11tract or lot, and 8¢ for each person's personal tax, to be paid
12by the authority for whose benefit the transcript is made and
13the taxes extended. The county clerk shall certify to the
14county collector the amount due from each authority for such
15services and the collector in his settlement with such
16authority shall reserve such amount from the amount payable by
17him to such authority.
18    For adding and bringing forward with current tax warrants
19amounts due for forfeited or withdrawn special assessments, 8¢
20for each lot or tract of land described and transcribed.
21    For computing and extending each assessment or installment
22thereof and interest, 8¢ on each description; and for
23computing and extending each penalty, 8¢ on each description.
24These fees shall be paid by the city, village, or taxing body
25for whose benefit the transcript is made and the assessment
26and penalties are extended. The county clerk shall certify to

 

 

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1the county collector the amount due from each city, village or
2taxing body, for such services, and the collector in his
3settlement with such taxing body shall reserve such amount
4from the amount payable by him to such city, village or other
5taxing body.
6    For cancelling certificates of sale, $4 for each tract or
7lot.
8    For making search and report of general taxes and special
9assessments for use in the preparation of estimate of cost of
10redemption from sales or forfeitures or withdrawals or for use
11in the preparation of estimate of cost of purchase of
12forfeited property, or for use in preparation of order on the
13county collector for searches requested by buyers at annual
14tax sale, for each lot or tract, $4 for the first year
15searched, and $2 for each additional year or fraction thereof.
16    For preparing from tax search report estimate of cost of
17redemption concerning property sold, forfeited or withdrawn
18for non-payment of general taxes and special assessments, if
19any, $1 for each lot or tract.
20    For certificate of deposit for redemption, $4.
21    For preparing from tax search report estimate of and order
22to county collector to receive amount necessary to redeem or
23purchase lands or lots forfeited for non-payment of general
24taxes, $3 for each lot or tract.
25    For preparing from tax search report estimate of and order
26to county collector to receive amount necessary to redeem or

 

 

10300SB2227sam001- 65 -LRB103 28861 AWJ 59034 a

1purchase lands or lots forfeited for non-payment of special
2assessments, $4 for each lot or tract.
3    For issuing certificate of sale of forfeited property,
4$10.
5    For noting on collector's warrants tax sales subject to
6redemption, 20¢ for each tract or lot of land, to be paid by
7either the person making the redemption from tax sale, the
8person surrendering the certificate of sale for cancellation,
9or the person taking out tax deed.
10    For noting on collector's warrant special assessments
11withdrawn from collection 20¢ for each tract or lot of land, to
12be charged against the lot assessed in the withdrawn special
13assessment when brought forward with current tax or when
14redeemed by the county clerk. The county clerk shall certify
15to the county collector the amount due from each city, village
16or taxing body for such fees, each year, and the county
17collector in his settlement with such taxing body shall
18reserve such amount from the amount payable by him to such
19taxing body.
20    For taking and approving official bond of a town assessor,
21filing and recording same, and issuing certificate of election
22or qualification to such official or to the Secretary of
23State, $10, to be paid by the officer-elect.
24    For certified copies of plats, 20¢ for each lot shown in
25copy, but no charge less than $4.
26    For tax search and issuing Statement regarding same on new

 

 

10300SB2227sam001- 66 -LRB103 28861 AWJ 59034 a

1plats to be recorded, $10.
2    For furnishing written description in conformity with
3permanent real estate index number, $2 for each written
4description.
5    The following fees shall be allowed for services in
6matters of taxes and assessments, and shall be charged as
7costs against the delinquent property, and collected with the
8taxes thereon:
9    For entering judgment, 8¢ for each tract or lot.
10    For services in attending the tax sale and issuing
11certificates of sale and sealing the same, $10 for each tract
12or lot.
13    For making list of delinquent lands and town lots sold, to
14be filed with the State Comptroller, 10¢ for each tract or lot
15sold.
16    The following fees shall be audited and allowed by the
17board of county commissioners and paid from the county
18treasury.
19    For computing State or county taxes, on each description
20of real estate and each person's, firm's or corporation's
21personal property tax, for each extension of each tax, 4¢,
22which shall include the transcribing of the collector's books.
23    For computing, extending and bringing forward, and adding
24to the current tax, the amount due for general taxes on lands
25and lots previously forfeited to the State, for each extension
26of each tax, 4¢ for the first year, and for computing and

 

 

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1extending the tax and penalty for each additional year, 6¢.
2    For making duplicate or triplicate sets of books,
3containing transcripts of taxable property, for the board of
4assessors and board of review, 3¢ for each description entered
5in each book.
6    For filing, indexing and recording or binding each birth,
7death or stillbirth certificate or report, 15¢, which fee
8shall be in full for all services in connection therewith,
9including the keeping of accounts with district registrars.
10    For posting new subdivisions or plats in official atlases,
1125¢ for each lot.
12    For compiling new sheets for atlases, 20¢ for each lot.
13    For compiling new atlases, including necessary record
14searches, 25¢ for each lot.
15    For investigating and reporting on each new plat, referred
16to county clerk, $2.
17    For attending sessions of the board of county
18commissioners thereof, $5 per day, for each clerk in
19attendance.
20    For recording proceedings of the board of county
21commissioners, 15¢ per 100 words.
22    For filing papers which must be kept in office of
23comptroller of Cook County, 10¢ for each paper filed.
24    For filing and indexing contracts, bonds, communications,
25and other such papers which must be kept in office of
26comptroller of Cook County, 15¢ for each document.

 

 

10300SB2227sam001- 68 -LRB103 28861 AWJ 59034 a

1    For swearing any person to necessary affidavits relating
2to the correctness of claims against the county, 25¢.
3    For issuing warrants in payment of salaries, supplies and
4other accounts, and all necessary auditing and bookkeeping
5work in connection therewith, 10¢ each.
6    The fee requirements of this Section do not apply to units
7of local government or school districts.
8    The fees listed in this Section apply only when a county
9board has not adjusted them by ordinance or otherwise set by
10law.
11(Source: P.A. 97-4, eff. 5-31-11.)
 
12    (55 ILCS 5/3-5017 rep.)
13    (55 ILCS 5/3-5018 rep.)
14    (55 ILCS 5/3-5018.1 rep.)
15    (55 ILCS 5/4-12002 rep.)
16    (55 ILCS 5/4-12002.1 rep.)
17    Section 10. The Counties Code is amended by repealing
18Sections 3-5017, 3-5018, 3-5018.1, 4-12002, and 4-12002.1.
 
19    Section 99. Effective date. This Act takes effect January
201, 2024.".