November 2011 Vol. 4, No. 10
 

Underwriters' Bulletin

Procedural Updates

Recording Requirements Strictly Enforced

Please note that recorder's offices around the State of Illinois are more closely enforcing requirements to record a document. Be sure your recordable documents meet all requirements to avoid recording delays and extra charges.

Use the following checklist when reviewing your documents for recording:

Documents presented for recording in the State of Illinois must conform to these requirements:

  • Be on white 8.5 x 11 inch paper, not less than 20-pound weight.

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  • Have a clean margin of at least one half inch on the top, bottom, and each side.

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  • Contain a 3 x 5 inch blank area on the top right corner.

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  • Be printed, typed, or written in black ink.

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  • Be accompanied by correct payment by check or cash.

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  • No permanently bound or continuous forms.

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  • No attachments stapled or taped to any pages.

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  • 55 ILCS 55/3-5018

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In addition, documents presented for recording in the State of Illinois must include the following within the text of the document:

  • The complete name and address of the preparer. 55 ILCS 5/3-5022.

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  • The complete name and address of where to return the document. 55 ILCS 5/3-5020.5(1)

Additional requirements for deeds:

  • Must also have a complete name and address of where the tax bill is to be sent. 55 ILCS 5/3-5020(a).

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  • Must contain the name(s) and address(es) of grantee or grantees. 55 ILCS 5/3-5026.

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  • Must contain a signed and dated State of Illinois PTAX declaration form or letter of exemption. 35 ILCCS 200/31-20.

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  • In Cook County, deeds and assignments of beneficial interest in a land trust must be accompanied by sworn statements from the grantor and grantee. 55 ILCS 5/3-5020(b).

Additional requirements for Assignments and Releases:

  • Must contain an associated document number. 55 ILCS 5/3-5020.5 (2) and (3).

Copies:

  • Recorders may accept copies of original documents only if the recorder&€™s office labels the signature as a copy. 55 ILCS 5/3-5013.

Predatory Lending Certificates:

  • In Cook, Kane, Peoria, and Will Counties, mortgages on residential property sent for recording must be accompanied by a predatory lending certificate to be recorded. 765 ILCS 77/70(g).

If you have questions on any of these requirements, please contact the Underwriting Department atlegal@atgf.com, 217.403.0020, or 312.752.1990.

© ATG|Casenotes/Bulletin 1111_v4n10

[Last update: 11-22-11]

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