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Legislative Update
New
Provisions Effective June 1, 2009
Public Act 95-988 takes effect on June 1, 2009. The law defines what
is consider proper identification when performing a notarization and imposes
special record requirement for notarizations that involve the transfer of
residential property located in Cook County, Illinois.
See
the full text of Public Act 95-988
Identification
Requirements
Public Act 95-988 defines identification documents as documents issued by a
state or federal government agency which bear the individual's photograph
and signature. The identification must be valid at the time of the
notarization. The identification requirements apply to all
notarizations in Illinois. These identification requirements remain in
effect until July 1, 2013.
Previously, the law did not provide any guidance as to what could be
considered proper identification.
Cook County Residential Property Transfers
Public Act 95-988 requires notaries to create a Notarial Record Form for
each document transferring residential real estate located within Cook
County, Illinois. This requirement remain in effect until July 1,
2013.
Illinois notaries public who notarize documents of conveyance of qualifying
residential real estate in Cook County will be required to create a Notarial
Record Form for the residential property transfer, take a thumbprint of the
seller(s), and deliver the Notarial Record to the responsible party.
Notaries may assess a fee of up to $25 for the notarization of document
transferring residential property in Cook County.
Residential Real Estate:
"Residential Real Property" is a building or buildings located in Cook
County, Illinois and containing one to 4 dwelling units or an individual
residential condominium unit.
Documents of Conveyance and exceptions:
Shall mean a written instrument that transfers or purports to transfer title
effecting a change in ownership to Residential Real Property. Types of
common deeds include a warranty deed or a quitclaim deed.
Excluding:
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Court ordered and court authorized conveyances of Residential Real Property,
including without limitation, quit claim deeds executed pursuant to a
marital settlement agreement incorporated into a judgment of dissolution of
marriage, and transfers in the administration of a probate estate;
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Judicial sale deeds relating to Residential Real Property, including without
limitation, sale deeds issued pursuant to proceedings to foreclose a
mortgage or execute on a levy to enforce a judgment;
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Deeds transferring ownership of Residential Real Property to a trust where
the beneficiary is also the grantor;
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Deeds from grantors to themselves that are intended to change the nature or
type of tenancy by which they own Residential Real Property;
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Deeds from a grantor to the grantor and another natural person that are
intended to establish a tenancy by which the grantor and the other natural
person own Residential Real Property;
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Deeds executed to the mortgagee in lieu of foreclosure of a mortgage; and
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Deeds transferring ownership to a revocable or irrevocable grantor trust
where the beneficiary includes the grantor.
Notarial Record Form
Notarial Record Form - Cook County
Residential Real Property Transactions .PDF
The form must be completed with all the required information for each
qualifying transfer of Cook County residential property.
Thumbprint
The notary public shall require the person signing the Document of
Conveyance (including an agent acting on behalf of a principal under a duly
executed power of attorney) to place his or her right thumbprint on the
Notarial Record. If the right thumbprint is not available, then the notary
shall have the party use his or her left thumb, or any available finger, and
shall so indicate on the Notarial Record. If the party signing the document
is physically unable to provide a thumbprint or fingerprint, the notary
shall so indicate on the Notarial Record and shall also provide an
explanation of that physical condition. The notary may obtain the thumbprint
by any means that reliably captures the image of the finger in a physical or
electronic medium.
Maintenance of the Notarial Record
If a notary is a principal, employee, or agent of a Title Insurance Company,
Title Insurance Agent, Financial Institution, or attorney , the notary shall
deliver the original Notarial Record to the notary's employer or principal
within 14 days after the performance of the notarial act for retention for a
period of 7 years as part of the employer's or principal's business records.
In the event of a sale or merger of any of the foregoing entities or
persons, the successor or assignee of the entity or person shall assume the
responsibility to maintain the Notarial Record for the balance of the 7-year
business records retention period. Liquidation or other cessation of
activities in the ordinary course of business by any of the foregoing
entities or persons shall relieve the entity or person from the obligation
to maintain Notarial Records after delivery of Notarial Records to the Cook
County Recorder of Deeds.
If a notarial act is performed by a notary who is not a principal, employee,
or agent of a Title Insurance Company, Title Insurance Agent, Financial
Institution, or attorney , the notary shall deliver the original Notarial
Record within 14 days after the performance of the notarial act to the
Recorder of Deeds of Cook County, Illinois for retention for a period of 7
years, accompanied by a filing fee of $5
Cook County Recorder of Deeds
The Cook County Recorder of Deeds is required to receive Notarial Records
from notaries who are not an employee, a principal or agent of a title
insurance company, title insurance agent, financial institution or attorney.
The Notarial Record must be delivered to the Recorder of Deeds within 14
days of the notarization accompanied by a $5 filing fee.
The notary may not allow the seller or buyer to deliver the Notarial Record
to the Recorder of Deeds.
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