Illinois General Assembly - Full Text of Public Act 099-0075
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Public Act 099-0075





Public Act 099-0075
HB3672 EnrolledLRB099 11124 AWJ 31568 b

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

Effective Date: 1/1/2016