(55 ILCS 5/3-4013) (Section scheduled to be repealed on December 31, 2024) Sec. 3-4013. Public Defender Quality Defense Task Force. (a) The Public Defender Quality Defense Task Force is established to: (i) examine the current caseload and determine the optimal caseload for public defenders in the State; (ii) examine the quality of legal services being offered to defendants by public defenders of the State; (iii) make recommendations to improve the caseload of public defenders and quality of legal services offered by public defenders; and (iv) provide recommendations to the General Assembly and Governor on legislation to provide for an effective public defender system throughout the State and encourage the active and substantial participation of the private bar in the representation of accused people. (b) The following members shall be appointed to the Task Force by the Governor no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly: (1) 2 assistant public defenders from the Office of |
| the Cook County Public Defender.
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(2) 5 public defenders or assistant public defenders
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| from 5 counties other than Cook County.
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(3) One Cook County circuit judge experienced in the
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| litigation of criminal law matters.
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(4) One circuit judge from outside of Cook County
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| experienced in the litigation of criminal law matters.
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(5) One representative from the Office of the State
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Task Force members shall serve without compensation but may be reimbursed for their expenses incurred in performing their duties. If a vacancy occurs in the Task Force membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the Task Force.
(c) The Task Force shall hold a minimum of 2 public hearings. At the public hearings, the Task Force shall take testimony of public defenders, former criminal defendants represented by public defenders, and any other person the Task Force believes would aid the Task Force's examination and recommendations under subsection (a). The Task may meet as such other times as it deems appropriate.
(d) The Office of the State Appellate Defender shall provide administrative and other support to the Task Force.
(e) The Task Force shall prepare a report that summarizes its work and makes recommendations resulting from its study. The Task Force shall submit the report of its findings and recommendations to the Governor and the General Assembly no later than December 31, 2023.
(f) This Section is repealed on December 31, 2024.
(Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22.)
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(55 ILCS 5/3-5010.5) Sec. 3-5010.5. Fraud referral and review. (a) Legislative findings. The General Assembly finds that property fraud, including fraudulent filings intended to cloud or fraudulently transfer title to property by recording false or altered documents and deeds, is a rapidly growing problem throughout the State. In order to combat the increase in the number of these filings, a recorder may establish a process to review and refer documents suspected to be fraudulent. (b) Definitions. The terms "recording" and "filing" are used interchangeably in this Section. (c) Establishment and use of a fraud referral and review process. A recorder who establishes a fraud referral and review process under the provisions of this Section may use it to review deeds and instruments and refer any of them to an administrative law judge for review pursuant to subsection (g) of this Section that cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. The recorder may enter into an intergovernmental agreement with local law enforcement officials for the purposes of this referral and review. A recorder may request that the Secretary of the Department of Financial and Professional Regulation assist in reviewing possible fraudulent filings. Upon request, the Secretary, or his or her designee, shall assist in identifying the validity of filings. The recorder shall notify the Secretary when a document suspected to be fraudulent is discovered. In counties with a population of less than 3 million, a recorder shall provide public notice 90 days before the establishment of the fraud referral and review process. The notice shall include a statement of the recorder's intent to create a fraud referral and review process and shall be published in a newspaper of general circulation in the county and, if feasible, posted on the recorder's website and at the recorder's office or offices. In determining whether to refer a document to an administrative law judge for review, a recorder may take into consideration any of the following factors: (1) whether the owner of the property or his or her |
| designated representative has reported to the recorder that another individual is attempting or has attempted to record a fraudulent deed or other instrument upon the property;
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(2) whether a law enforcement official has contacted
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| the recorder indicating that he or she has probable cause to suspect title or recording fraud;
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(3) whether the filer's name has a copyright
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| attached to it or the property owner's name has nonstandard punctuation attached to it;
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(4) whether the documents assert fines that do not
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| exist or have no basis under current law or that require payment in gold or silver;
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(5) whether the documents are maritime liens, or
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| liens under the Federal Maritime Lien Act or the Preferred Ship Mortgage Act, or not authorized by the United States Coast Guard;
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(6) whether the documents are land patents not
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| authorized and certified by the United States Department of the Interior Bureau of Land Management;
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(7) whether the documents are representing that the
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| subject of the lien is releasing itself from a lien held by another entity, with no apparent cooperation or authorization provided by the lienholder;
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(8) whether the documents are protesting or
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| disputing a foreclosure proceeding that are not filed within the foreclosure suit and with the court presiding over the matter;
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(9) whether the documents are Uniform Commercial Code
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| filings referencing birth certificates or other private records that are not in compliance with Section 9-501 of the Uniform Commercial Code;
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(10) whether the documents are re-recording deeds to
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| re-notarize or attach notary certification if prior notarization already appears unaltered on the document of record;
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(11) whether the documents are asserting diplomatic
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| credentials or immunity, non-United States citizenship, or independence from the laws of the United States;
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(12) whether the documents are claims that a bank
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| cannot hold title after a foreclosure;
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(13) whether the documents are deeds not properly
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| signed by the last legal owner of record or his or her court appointed representative or attorney-in-fact under a power of attorney;
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(14) whether the documents are manipulated or
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| altered federal or State legal or court forms that release a lien;
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(15) whether a document is not related to a valid
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| existing or potential adverse transaction, existing lien, or judgment of a court of competent jurisdiction;
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(16) a document that is not related to a valid
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| existing or potential commercial or financial transaction, existing agricultural or other lien, or judgment of a court of competent jurisdiction;
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(17) whether the document is filed with the intent to
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| harass or defraud the person identified in the record or any other person;
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(18) whether the document is filed with the intent to
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| harass or defraud any member of a governmental office, including, but not limited to, the recorder's office, local government offices, the State of Illinois, or the Federal government; and
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(19) whether the documents are previous court
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| determinations, including a previous determination by a court of competent jurisdiction that a particular document is fraudulent, invalid, or forged.
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(d) Determinations. If a recorder determines, after review by legal staff and counsel, that a deed or instrument that is recorded in the grantor's index or the grantee's index may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property, he or she shall refer the deed or instrument to an administrative law judge for review pursuant to subsection (g) of this Section. The recorder shall record a Notice of Referral in the grantor's index or the grantee's index identifying the document, corresponding document number in question, and the date of referral. The recorder shall also notify the parties set forth in subsection (e) of this Section. The recorder may, at his or her discretion, notify law enforcement officials regarding a filing determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property.
(e) Notice. The recorder shall use county property tax records to identify and provide notice to the last owner of record by telephone, if available, and certified mail both when: (1) a deed or instrument has been referred for review and determination; and (2) a final determination has been made regarding the deed or instrument. Notice, by mail, shall also be sent to the physical address of the property associated with the deed or instrument.
(f) Administrative decision. The recorder's decision to add a Notice of Referral and refer a document for review is a final administrative decision that is subject to review by the circuit court of the county where the real property is located under the Administrative Review Law. The standard of review by the circuit court shall be de novo.
(g) Referral and review process. Prior to referral, the recorder shall notify the last owner of record of the document or documents suspected to be fraudulent. The person, entity, or legal representative thereof shall confirm in writing his or her belief that a document or documents are suspected to be fraudulent and may request that the recorder refer the case for review. Upon request, the recorder shall bring a case to its county department of administrative hearings and, within 10 business days after receipt, an administrative law judge shall schedule a hearing to occur no later than 30 days after receiving the referral. The referral and case shall clearly identify the person, persons, or entity believed to be the last true owner of record as the petitioner. Notice of the hearing shall be provided by the administrative law judge to the filer, or the party represented by the filer, of the suspected fraudulent document, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the referral.
If clear and convincing evidence shows the document in question to be fraudulent, the administrative law judge shall rule the document to be fraudulent and forward the judgment to all the parties identified in this subsection. Upon receiving notice of the judgment of fraud, the recorder shall, within 5 business days, record a new document that includes a copy of the judgment in front of the Notice of Referral that shall clearly state that the document in question has been found to be fraudulent and shall not be considered to affect the chain of title of the property in any way.
If the administrative law judge finds the document to be legitimate, the recorder shall, within 5 business days after receiving notice, record a copy of the judgment.
A decision by an administrative law judge shall not preclude a State's attorney or sheriff from proceeding with a criminal investigation or criminal charges. If a county does not have an administrative law judge that specializes in public records, one shall be appointed within 3 months after the effective date of this amendatory Act of the 98th General Assembly, or the original case shall be forwarded to the proper circuit court with jurisdiction.
Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the review and referral, or the filer of the document or documents suspected to be fraudulent. Nothing in this Section requires a person or entity who may have had a fraudulent document or encumbrance filed against his or her property to use the fraud review and referral process or administrative review created by this Section.
(h) Fees. The recorder shall retain any filing fees associated with filing a deed or instrument that is determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property under this Section.
(i) Liability. Neither a recorder nor any of his or her employees or agents shall be subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in case of willful or wanton conduct. Neither the recorder nor any of his or her employees shall incur liability for the referral or review, or failure to refer or review, a document or instrument under this Section.
(j) Applicability. This Section applies only to filings provided to the recorder on and after the effective date of this amendatory Act of the 98th General Assembly.
(k) (Blank).
(Source: P.A. 100-276, eff. 8-22-17.)
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(55 ILCS 5/3-5010.8) (Section scheduled to be repealed on January 1, 2024) Sec. 3-5010.8. Mechanics lien demand and referral pilot program. (a) Legislative findings. The General Assembly finds that expired mechanics liens on residential property, which cloud title to property, are a rapidly growing problem throughout the State. In order to address the increase in expired mechanics liens and, more specifically, those that have not been released by the lienholder, a recorder may establish a process to demand and refer mechanics liens that have been recorded but not litigated or released in accordance with the Mechanics Lien Act to an administrative law judge for resolution or demand that the lienholder commence suit or forfeit the lien. (b) Definitions. As used in this Section: "Demand to Commence Suit" means the written demand specified in Section 34 of the Mechanics Lien Act. "Mechanics lien" and "lien" are used interchangeably in this Section. "Notice of Expired Mechanics Lien" means the notice a recorder gives to a property owner under subsection (d) informing the property owner of an expired lien. "Notice of Referral" means the document referring a mechanics lien to a county's code hearing unit. "Recording" and "filing" are used interchangeably in this Section. "Referral" or "refer" means a recorder's referral of a mechanics lien to a county's code hearing unit to obtain a determination as to whether a recorded mechanics lien is valid. "Residential property" means real property improved with not less than one nor more than 4 residential dwelling units; a residential condominium unit, including, but not limited to, the common elements allocated to the exclusive use of the condominium unit that form an integral part of the condominium unit and any parking unit or units specified by the declaration to be allocated to a specific residential condominium unit; or a single tract of agriculture real estate consisting of 40 acres or less that is improved with a single-family residence. If a declaration of condominium ownership provides for individually owned and transferable parking units, "residential property" does not include the parking unit of a specified residential condominium unit unless the parking unit is included in the legal description of the property against which the mechanics lien is recorded. (c) Establishment of a mechanics lien demand and referral process. After a public hearing, a recorder in a county with a code hearing unit may adopt rules establishing a mechanics lien demand and referral process for residential property. A recorder shall provide public notice 90 days before the public hearing. The notice shall include a statement of the recorder's intent to create a mechanics lien demand and referral process and shall be published in a newspaper of general circulation in the county and, if feasible, be posted on the recorder's website and at the recorder's office or offices. (d) Notice of Expired Lien. If a recorder determines, after review by legal staff or counsel, that a mechanics lien recorded in the grantor's index or the grantee's index is an expired lien, the recorder shall serve a Notice of Expired Lien by certified mail to the last known address of the owner. The owner or legal representative of the owner of the residential property shall confirm in writing his or her belief that the lien is not involved in pending litigation and, if there is no pending litigation, as verified and confirmed by county court records, the owner may request that the recorder proceed with a referral or serve a Demand to Commence Suit. For the purposes of this Section, a recorder shall determine if a lien is an expired lien. A lien is expired if a suit to enforce the lien has not been commenced or a counterclaim has not been filed by the lienholder within 2 years after the completion date of the contract as specified in the recorded mechanics lien. The 2-year period shall be increased to the extent that an automatic stay under Section 362(a) of the United States Bankruptcy Code stays a suit or counterclaim to foreclose the lien. If a work completion date is not specified in the recorded lien, then the work completion date is the date of recording of the mechanics lien. (e) Demand to Commence Suit. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to serve a Demand to Commence Suit, the recorder shall serve a Demand to Commence Suit on the lienholder of the expired lien as provided in Section 34 of the Mechanics Lien Act. A recorder may request that the Secretary of State assist in providing registered agent information or obtain information from the Secretary of State's registered business database when the recorder seeks to serve a Demand to Commence suit on the lienholder. Upon request, the Secretary of State, or his or her designee, shall provide the last known address or registered agent information for a lienholder who is incorporated or doing business in the State. The recorder must record a copy of the Demand to Commence suit in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number and the date of demand. The recorder may, at his or her discretion, notify the Secretary of State regarding a Demand to Commence suit determined to involve a company, corporation, or business registered with that office. When the lienholder commences a suit or files an answer within 30 days or the lienholder records a release of lien with the county recorder as required by subsection (a) of Section 34 of the Mechanics Lien Act, then the demand and referral process is completed for the recorder for that property. If service under this Section is responded to consistent with Section 34 of the Mechanics Lien Act, the recorder may not proceed under subsection (f). If no response is received consistent with Section 34 of the Mechanics Lien Act, the recorder may proceed under subsection (f). (f) Referral. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to proceed with a referral, the recorder shall: (i) file the Notice of Referral with the county's code hearing unit; (ii) identify and notify the lienholder by telephone, if available, of the referral and send a copy of the Notice of Referral by certified mail to the lienholder using information included in the recorded mechanics lien or the last known address or registered agent received from the Secretary of State or obtained from the Secretary of State's registered business database; (iii) send a copy of the Notice of Referral by mail to the physical address of the property owner associated with the lien; and (iv) record a copy of the Notice of Referral in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number. The Notice of Referral shall clearly identify the person, persons, or entity believed to be the owner, assignee, successor, or beneficiary of the lien. The recorder may, at his or her discretion, notify the Secretary of State regarding a referral determined to involve a company, corporation, or business registered with that office. No earlier than 30 business days after the date the lienholder is required to respond to a Demand to Commence Suit under Section 34 of the Mechanics Lien Act, the code hearing unit shall schedule a hearing to occur at least 30 days after sending notice of the date of hearing. Notice of the hearing shall be provided by the county recorder, by and through his or her representative, to the filer, or the party represented by the filer, of the expired lien, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the Notice of Referral. If the recorder shows by clear and convincing evidence that the lien in question is an expired lien, the administrative law judge shall rule the lien is forfeited under Section 34.5 of the Mechanics Lien Act and that the lien no longer affects the chain of title of the property in any way. The judgment shall be forwarded to all parties identified in this subsection. Upon receiving judgment of a forfeited lien, the recorder shall, within 5 business days, record a copy of the judgment in the grantor's index or the grantee's index. If the administrative law judge finds the lien is not expired, the recorder shall, no later than 5 business days after receiving notice of the decision of the administrative law judge, record a copy of the judgment in the grantor's index or the grantee's index. A decision by an administrative law judge is reviewable under the Administrative Review Law, and nothing in this Section precludes a property owner or lienholder from proceeding with a civil action to resolve questions concerning a mechanics lien. A lienholder or property owner may remove the action from the code hearing unit to the circuit court as provided in subsection (i). (g) Final administrative decision. The recorder's decision to refer a mechanics lien or serve a Demand to Commence Suit is a final administrative decision that is subject to review under the Administrative Review Law by the circuit court of the county where the real property is located. The standard of review by the circuit court shall be consistent with the Administrative Review Law. (h) Liability. A recorder and his or her employees or agents are not subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in the case of willful or wanton conduct. The recorder and his or her employees or agents are not liable for the decision to refer a lien or serve a Demand to Commence Suit, or failure to refer or serve a Demand to Commence Suit, of a lien under this Section. (i) Private actions; use of demand and referral process. Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the mechanics lien or a decision by the code hearing unit. Nothing in this Section requires a person or entity who may have a mechanics lien recorded against his or her property to use the mechanics lien demand and referral process created by this Section. A lienholder or property owner may remove a matter in the referral process to the circuit court at any time prior to the final decision of the administrative law judge by delivering a certified notice of the suit filed in the circuit court to the administrative law judge. Upon receipt of the certified notice, the administrative law judge shall dismiss the matter without prejudice. If the matter is dismissed due to removal, then the demand and referral process is completed for the recorder for that property. If the circuit court dismisses the removed matter without deciding on whether the lien is expired and without prejudice, the recorder may reinstitute the demand and referral process under subsection (d). (j) Repeal. This Section is repealed on January 1, 2024.
(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.) |
(55 ILCS 5/3-5010.10) Sec. 3-5010.10. Property fraud alert system; registration by property owners and real estate professionals. (a) As used in this Section: "Property fraud alert system" means any electronic or automated alert system run by a county or by a third-party vendor, by whatever name, that informs a property owner by e-mail, telephone, or mail when a document is recorded with the county recorder that relates to a registered property. "Real estate professional" means a licensed real estate agent, attorney, closing agent, or agent of a title insurance company. (b) In a county that has a property fraud alert system, a recorder may create a registration form for a real estate professional to file with the recorder on behalf of a property owner to register the property owner in the county's property fraud alert system. The registration form must contain the following minimum information: (1) A notice on the top of the form that property |
| owners are not required to register with the county's property fraud alert system.
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(2) A description of the county's property fraud
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| alert system; the name of the third-party vendor, if any, who operates the property fraud alert system; and the cost, if any, to the property owner of the property fraud alert system;
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(3) A portion to be completed by a property owner and
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| real estate professional containing:
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(i) the property owner's name and mailing address;
(ii) the Property Index Number (PIN) or unique
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| parcel identification code of the property for which an alert will be created;
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(iii) the e-mail, telephone number, or mailing
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| address the property owner would like to receive the alert;
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(iv) any information a third-party vendor who
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| operates a county's property fraud alert system requires to register a property owner;
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(v) if required, payment method and billing
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(vi) a clear and conspicuous notice, immediately
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| before the signatures, stating that the property owner understands that neither the recorder, nor a third-party vendor operating a county's property fraud alert system, nor a real estate professional, nor any employees thereof shall be liable to the property owner should the property fraud alert system fail to alert the property owner of any document being recorded and that it is the property owner's responsibility to verify the information he or she has provided is correct and that he or she is registered with the property fraud alert system;
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(vii) a place for the property owner's signature;
(viii) a place for the real estate professional's
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| signature, if applicable, along with a statement indicating that the real estate professional is registered with the recorder and is allowed to file the registration form with the recorder; and
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(ix) a place to list up to 3 other persons to
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| receive a property fraud alert, including each person's e-mail, telephone number, or address where he or she will receive the alert.
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(c) A property owner or real estate professional may file a completed and signed registration form with the recorder. When a recorder receives such a completed and signed registration form, the recorder shall complete the registration process for the property owner listed on the registration form by entering the information from the registration form into the property fraud alert system.
(d) A real estate professional that wishes to file registration forms with the recorder on behalf of property owners must first register with the recorder by verifying they are a licensed real estate agent, attorney, closing agent, or agent of a title insurance company. The recorder shall keep a list of all registered real estate professionals.
(e) No county, recorder, third-party vendor operating a county's property fraud alert system, real estate professional, or any employees thereof shall be subject to liability, except for willful and wanton misconduct, for any error or omission in registering a property owner pursuant to this Section or for any damages caused by the failure of the property owner to be alerted of any document that was recorded that relates to a property registered under the owner's name.
(f) A home rule unit shall not use or create a registration form for use by a real estate professional to register a property owner on the county's property fraud alert system that conflicts with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. However, nothing in this Section shall prevent any person from signing up for a property fraud alert system by other means than those provided for in this Section, including, but not limited to, on a county's website or a third-party vendor's website that hosts a property fraud alert system.
(Source: P.A. 99-75, eff. 1-1-16 .)
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(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) Sec. 3-5018. Traditional fee schedule. Except as
provided for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder elected as provided for in this
Division shall receive such fees as are or may be provided for him or her by law,
in case of provision therefor: otherwise he or she shall receive the same fees as
are or may be provided in this Section, except when increased by county
ordinance or resolution pursuant to the provisions of this Section, to be paid to the
county clerk for his or her services in the office of recorder for like services. For recording deeds or other instruments, $12 for the first 4 pages
thereof, plus $1 for each additional page thereof, plus $1 for each
additional document number therein noted. The aggregate minimum fee
for recording any one instrument shall not be less than $12. For recording deeds or other instruments wherein the premises
affected thereby are referred to by document number and not by legal
description, a fee of $1 in addition to that hereinabove referred to for
each document number therein noted. For recording assignments of mortgages, leases or liens, $12 for the
first 4 pages thereof, plus $1 for each additional page thereof. However,
except for leases and liens pertaining to oil, gas and other minerals,
whenever a mortgage, lease or lien assignment assigns more than one
mortgage, lease or lien document, a $7 fee shall be charged for the recording
of each such mortgage, lease or lien document after the first one. For recording any document that affects an interest in real property other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone or other public service, the recorder shall charge a fee of $1 per document to all filers of documents not filed by any State agency, any unit of local government, or any school district. Fifty cents of the $1 fee hereby established shall be deposited into the County General Revenue Fund. The remaining $0.50 shall be deposited into the Recorder's Automation Fund and may not be appropriated or expended for any other purpose. The additional amounts available to the recorder for expenditure from the Recorder's Automation Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder. For recording maps or plats of additions or subdivisions approved by the
county or municipality (including the spreading of the same of record in
map case or other proper books) or plats of condominiums, $50 for the first
page, plus $1 for each additional page thereof except that in the case of
recording a single page, legal size 8 1/2 x 14, plat of survey in which
there are no more than two lots or parcels of land, the fee shall be $12.
In each county where such maps or plats are to be recorded, the recorder
may require the same to be accompanied by such number of exact, true and
legible copies thereof as the recorder deems necessary for the efficient
conduct and operation of his or her office. For non-certified copies of records, an amount not to exceed one-half of the amount provided in this Section for certified copies, according to a standard scale of fees, established by county ordinance or resolution and made public. The provisions of this paragraph shall not be applicable to any person or entity who obtains non-certified copies of records in the following manner: (i) in bulk for all documents recorded on any given day in an electronic or paper format for a negotiated amount less than the amount provided for in this paragraph for non-certified copies, (ii) under a contractual relationship with the recorder for a negotiated amount less than the amount provided for in this paragraph for non-certified copies, or (iii) by means of Internet access pursuant to Section 5-1106.1. For certified copies of records, the same fees as for recording, but
in no case shall the fee for a certified copy of a map or plat of an
addition, subdivision or otherwise exceed $10. Each certificate of such recorder of the recording of the deed or
other writing and of the date of recording the same signed by such
recorder, shall be sufficient evidence of the recording thereof, and
such certificate including the indexing of record, shall be furnished
upon the payment of the fee for recording the instrument, and no
additional fee shall be allowed for the certificate or indexing. A physical or electronic image of the recorder's stamp satisfies the signature requirement for recorded instruments prior to, on, and after the effective date of this amendatory Act of the 102nd General Assembly. The recorder shall charge an additional fee, in an amount equal to the
fee otherwise provided by law, for recording a document (other than a
document filed under the Plat Act or the Uniform Commercial Code) that does
not conform to the following standards: (1) The document shall consist of one or more |
| individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee.
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(2) The document shall be legibly printed in black
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| ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly.
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(3) The document shall be on white paper of not less
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| than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used for non-essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations.
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(4) The first page of the document shall contain a
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| blank space, measuring at least 3 inches by 5 inches, from the upper right corner.
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(5) The document shall not have any attachment
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| stapled or otherwise affixed to any page.
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A document that does not conform to these standards shall
not be recorded except upon payment of the additional fee required under
this paragraph. This paragraph, as amended by this amendatory Act of 1995,
applies only to documents dated after the effective date of this amendatory
Act of 1995.
The county board of any county may provide for an additional charge of $3
for filing every instrument, paper, or notice for record, (1)
in order to
defray the cost of converting the county recorder's document storage system
to computers or micrographics
and (2) in order to defray the cost of providing access to records through
the global
information system known as the Internet.
A special fund shall be set up by the treasurer of the county and such
funds collected pursuant to Public Act 83-1321 shall be used (1)
for
a document storage system to provide the equipment, materials and necessary
expenses incurred to help defray the costs of implementing and maintaining
such a document records system
and (2) for a system to provide electronic access to
those records.
The county board of any county that provides and maintains a countywide map
through a Geographic Information System (GIS) may provide for an additional
charge of $3 for filing every instrument, paper, or notice for record (1)
in order
to defray the cost of implementing or maintaining the county's Geographic
Information System
and (2) in order to defray the cost of providing electronic or automated access to the
county's
Geographic
Information System or property records.
Of that amount, $2 must be deposited into a special fund
set up by the treasurer of the county, and any moneys collected pursuant to
this amendatory Act of the 91st General Assembly and deposited into that fund
must be used solely for the equipment, materials, and necessary expenses
incurred in implementing and maintaining a Geographic Information System and
in order to defray the cost of providing electronic access to the county's
Geographic Information System records.
The remaining $1 must be deposited into the recorder's special funds created
under Section 3-5005.4. The recorder may, in his or her discretion, use moneys
in the funds created under Section 3-5005.4 to defray the cost of implementing
or maintaining the county's Geographic Information System
and to defray the cost of providing electronic access to the county's
Geographic
Information System records.
The recorder shall collect a $9 Rental Housing Support Program State
surcharge for the recordation of any real estate-related document. Payment of the
Rental Housing Support Program State surcharge shall be evidenced by a receipt
that shall be marked upon or otherwise affixed to the real estate-related document
by the recorder. The form of this receipt shall be prescribed by the Department
of Revenue and the receipts shall be issued by the Department of Revenue to
each county recorder.
The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, any unit of local government or any school district.
On the 15th day of each month, each county recorder shall report
to the Department of Revenue, on a form prescribed by the Department,
the number of real estate-related documents recorded for which
the Rental Housing Support Program
State surcharge was collected. Each recorder shall submit $9 of each surcharge collected in the
preceding month to the Department of Revenue and the Department
shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program.
For purposes of this Section, "real estate-related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act.
The foregoing fees allowed by this Section are the maximum fees that
may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by ordinance or resolution,
increase the fees allowed by this Section and collect such increased fees
from all persons and entities other than officers, agencies, departments
and other instrumentalities of the State if the increase is justified by an
acceptable cost study showing that the fees allowed by this Section are not
sufficient to cover the cost of providing the service.
Regardless of any other provision in this Section, the maximum fee that may
be collected from the Department of Revenue for filing or indexing a
lien, certificate of lien release or subordination, or any other type of notice
or other documentation affecting or concerning a lien is $5. Regardless of
any other provision in this Section, the maximum fee that may be collected from
the Department of Revenue for indexing each additional name in excess
of one for any lien, certificate of lien release or subordination, or any other
type of notice or other documentation affecting or concerning a lien is $1.
A statement of the costs of providing each service, program and activity
shall be prepared by the county board. All supporting documents shall be
public record and subject to public examination and audit. All direct and
indirect costs, as defined in the United States Office of Management and
Budget Circular A-87, may be included in the determination of the costs of
each service, program and activity.
(Source: P.A. 102-838, eff. 5-13-22.)
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(55 ILCS 5/3-5018.1) Sec. 3-5018.1. Predictable fee schedule. (a) As used in this Section: "Nonstandard document" means: (1) a document that creates a division of a then |
| active existing tax parcel identification number;
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(2) a document recorded pursuant to the Uniform
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(3) a document which is non-conforming, as described
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| in paragraphs (1) through (5) of Section 3-5018;
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(4) a State lien or a federal lien;
(5) a document making specific reference to more than
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| 5 tax parcel identification numbers in the county in which it is presented for recording; or
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(6) a document making specific reference to more than
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| 5 other document numbers recorded in the county in which it is presented for recording.
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"Standard document" means any document other than a nonstandard document.
(b) On or before January 1, 2019, a county shall adopt and implement, by ordinance or resolution, a predictable fee schedule that eliminates surcharges or fees based on the individual attributes of a standard document to be recorded. The initial predictable fee schedule approved by a county board shall be set only as allowed under subsections (c) and (d) and any subsequent predictable fee schedule approved by a county board shall be set only as allowed under subsection (e). Except as to the recording of standard documents, the fees imposed by Section 3-5018 shall remain in effect. Under a predictable fee schedule, no charge shall be based on: page count; number, length, or type of legal descriptions; number of tax identification or other parcel identifying code numbers; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document except as expressly provided in this Section. The fee charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State surcharge.
A predictable fee schedule ordinance or resolution adopted under this Section shall list standard document fees, including document class flat fees as required by subsection (c), and non-standard document fees.
Before approval of an ordinance or resolution under this Section, the recorder or county clerk shall post a notice in their office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class flat fees for each classification, and a reference to this Section or this amendatory Act of the 100th General Assembly.
A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted.
(c) Pursuant to an ordinance or resolution adopted under subsection (b), the recorder elected as provided for in this Division shall receive such fees as are or may be provided for him or her by law, in case of provision thereof: otherwise he or she shall receive the same fees as are or may be provided in this Section except when increased by county ordinance or resolution pursuant to the provisions of this Section, to be paid to the county clerk for his or her services in the office of recorder for like services. For the purposes of the fee charged, the ordinance or resolution shall divide standard documents into the following classifications and shall establish a single, all inclusive, county and State-imposed aggregate fee charged for each such classification of document at the time of recording for that document, which is called the document class flat fee. A standard document is not subject to more than one classification at the time of recording for the purposes of imposing any fee. Each standard document shall fall within one of the following document class flat fee classifications and fees for each document class shall be charged only as allowed by this subsection (c) and subsection (d):
(1) Deeds. The aggregate fee for recording deeds
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| shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge). Inclusion of language in the deed as to any restriction; covenant; lien; oil, gas, or other mineral interest; easement; lease; or a mortgage shall not alter the classification of a document as a deed.
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(2) Leases, lease amendments, and similar transfer of
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| interest documents. The aggregate fee for recording leases, lease amendments, and similar transfers of interest documents shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge).
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(3) Mortgages. The aggregate fee for recording
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| mortgages, including assignments, extensions, amendments, subordinations, and mortgage releases shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge).
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(4) Easements not otherwise part of another
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| classification. The aggregate fee for recording easements not otherwise part of another classification, including assignments, extensions, amendments, and easement releases not filed by a State agency, unit of local government, or school district shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge).
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(5) Miscellaneous. The aggregate fee for recording
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| documents not otherwise falling within classifications set forth in paragraphs (1) through (4) and are not nonstandard documents shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge). Nothing in this subsection shall preclude an alternate predictable fee schedule for electronic recording within each of the classifications set forth in this subsection (c). If the Rental Housing Support Program State surcharge is amended and the surcharge is increased or lowered, the aggregate amount of the document flat fee attributable to the surcharge in the document may be changed accordingly.
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(d) If an ordinance or resolution establishing a predictable fee schedule is adopted pursuant to subsection (b) and any document class flat fee exceeds $21,
the county board shall:
(1) obtain from the clerk or recorder an analysis of
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| the average fees collected for the recording of each of the classifications under subsection (c) based on the 3 previous years of recording data, and, if a cost study has not been performed, set respective document class flat fees for each of the 5 document classifications at the average for that class rounded upward to the next whole dollar amount; or
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(2) if a cost study has been completed within the
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| last 3 years that shows $21 is not sufficient to cover the costs of providing the services related to each document class, obtain from the clerk or recorder an analysis of the average fees collected for the recording of each of the document classifications under subsection (c) from the date of the cost study and set respective document class flat fees for each of the 5 document classifications at the average for that document class rounded upward to the next whole dollar amount.
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(e) After a document class flat fee is approved by a county board under subsection (b), the county board may, by ordinance or resolution, increase the document class flat fee and collect the increased fees only if the increase is justified by a cost study that shows that the fees allowed by subsections (c) and (d) are not sufficient to cover the cost of providing the service related to the document class for which the fee is to be increased. A statement of the costs of providing each service, program, and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program, and activity.
Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class flat fee as long as the document class flat fee is not increased.
(Source: P.A. 100-271, eff. 8-22-17.)
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(55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
Sec. 3-5020.
Information to accompany conveyance documents.
(a) In counties of the first and second class no recorder shall
record any conveyance of real estate unless the conveyance contains the
name and address of the grantee for tax billing purposes.
(b) In counties with 3,000,000 or more inhabitants, the county recorder
shall not accept for filing any deed or assignment of beneficial interest
in a land trust in a transaction which is exempt from filing a real estate
transfer declaration under the provisions of Section 4 of the Real Estate
Transfer Tax Act, unless the deed or assignment of a beneficial interest is
accompanied by,
(1) a sworn or affirmed statement executed by the |
| grantor or his agent stating that, to the best of his knowledge, the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois Corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois, and
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(2) a sworn or affirmed statement executed by the
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| grantee or his agent verifying that the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois. Any person who knowingly submits a false statement required under this Section concerning the identity of a grantee is guilty of a Class C misdemeanor. A second or subsequent conviction of such offense is a Class A misdemeanor.
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(c) In the event that the document of conveyance is a trustee's deed
issued under resignation by a land trustee, the statements pursuant
to paragraphs (1) and (2) of subsection (b) shall not be required, but the
trustee's deed shall instead be accompanied by a sworn or affirmed statement
executed by the grantor land trustee stating that the trustee's deed has been
issued pursuant to resignation by the trustee, and that the name of the grantee
shown on the trustee's deed is the name of the beneficiary of the trust as his
name appears in the trust files as of the date of resignation.
(Source: P.A. 86-962; 87-543; 87-1236.)
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(55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
Sec. 3-5025.
Books.
Every recorder shall keep the following books:
1. An entry book, in which he or she shall, immediately on the receipt
of any instrument to be recorded or filed, enter, in the order of its
reception, the names of the parties thereto, its date, the day of the
month, hour and year of receiving the same, and a brief description of
the premises, indorsing upon each instrument a number corresponding with
the number of such entry.
2. A grantor's index, in which shall be entered the name of each
grantor, in alphabetical order, the name of the grantee, date of the
instrument, time of receipt, kind of instrument, consideration, the book
and page in which it is recorded, or the number under which it is filed,
and a brief description of the premises.
3. A grantee's index, in which shall be entered the name of each
grantee, in alphabetical order, the name of the grantor, date of the
instrument, time of receipt, kind of instrument, consideration, the book
and page in which it is recorded, or the number under which it is filed,
and a brief description of the premises.
4. An index to each book of record, in which shall be entered,
in alphabetical order, the name of each grantor and grantee, and the
page in which the instrument is recorded.
5. When required by the county board, an abstract book, which
shall show by tracts every conveyance or incumbrance recorded, the date
of the instrument, time of filing the same, the book and page where the
same is recorded; which book shall be so kept as to show a true chain of
title to each tract and the incumbrances thereon, as shown by the
records of his office.
6. An index to recorded maps, plats and subdivisions, such index
to be made by description of land mapped, or subdivided by range,
township, Section, quarter-section, etc.
7. An index showing in alphabetical order the names of the
parties against whom judgments have been rendered or made and
transcripts or memoranda of such judgments have been
recorded, and the parties named in notices recorded pursuant to Section
1 of "An Act concerning constructive notice of condemnation proceedings,
proceedings to sell real property of decedents to pay
debts, or other suits seeking equitable relief involving real
property, and proceedings in bankruptcy" approved June 11, 1917, as amended.
8. An index of all ordinances, petitions, assessment rolls, orders,
judgments or other documents filed or recorded in respect of any drainage
or special assessment matter sufficient to enable the public to identify
all tracts involved therein and to locate all the documents which have been
filed or recorded. The recorder may solicit the assistance of the State
Records Commission in organizing and indexing these documents.
Any recorder may install or contract for the use of a computerized
system that will permit automated entry and indexing, alphabetically by
document, of instruments filed in his or her office and that will provide both
quick search and retrieval of such entries and hard copy print output,
whether on paper, optical disk media, or microfilm, of such entries as
indexed. If such a computerized system has been in use in his or her office
for at least 6 months and the recorder determines that it provides accurate and
reliable indices that may be stored as permanent records, more quickly and
efficiently than the system previously used, the recorder may thereafter
discontinue the use of the manual system and use only the computerized system
for such indices. In that event, references in this Division to books, records
or forms as relate to such indices are intended to encompass and refer to the
computer system and all materials and forms directly related to that system and
its proper use.
This Section is subject to the Local Records Act.
(Source: P.A. 88-661, eff. 9-16-94.)
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(55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
Sec. 3-5029.
Map, plat or subdivision of land;
penalty. No person shall offer or present for
recording or record any map, plat or subdivision of land situated in any
incorporated city, town or village, nor within 1 1/2 miles of the corporate
limits of any incorporated city, town or village which has adopted a city
plan and is exercising the special powers authorized by Division 12 of
Article 11 of the Illinois Municipal
Code, as now or hereafter amended, and not included in any municipality
unless the map, plat or subdivision is under the seal of a registered Illinois
land surveyor and unless it is entitled to record as provided in Sections
11-15-1 and 11-12-3 of the Illinois Municipal Code, as now or hereafter
amended. Any map, plat or subdivision of land presented for recording shall
have attached thereto or endorsed thereon the Certificate of an Illinois
Registered Land Surveyor that the land is or is not within any incorporated
city, town or village, nor within 1 1/2 miles of the corporate limits of
any incorporated city, town or village which has adopted a city plan and
is exercising the special powers authorized by Division 12 of Article 11 of
the Illinois Municipal Code, as now or hereafter amended, and not included
in any municipality. No person shall offer or present for recording or
record any subdivision plat of any lands bordering on or including any public
waters of the State in which the State of Illinois has any property rights
or property interests, unless such subdivision plat is under the seal of
a registered Illinois Land Surveyor and is approved by the Department of
Natural Resources, nor shall any person
offer or present for recording or record any map, plat or subdivision of
lands, without indicating whether any part of which as shown on the
map, plat or subdivision is located within a special flood hazard area as
identified by the Federal Emergency Management Agency nor shall any person
offer or present for recording or record any map, plat or subdivision of
land situated outside any incorporated city, town or village unless the
map, plat or subdivision is under the seal of a registered Illinois land
surveyor, and unless it is entitled to record as provided in Section
5-1045, however, the provisions of this Section shall not
apply to any street or highway survey map or plat. Any person who records,
or who offers or presents for recording, which offer or presentation results
in a recording of, any map, plat or subdivision of land which he knows to
be in violation of this Section shall pay to the county the sum of $200,
to be recovered in the circuit court, in the name of the state, for the
use of the county, with costs of suit.
(Source: P.A. 89-445, eff. 2-7-96.)
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