Bulletin: IL2009002

Date:
February 19, 2009
To:
All Illinois Issuing Offices
RE:
2008 Amendment to Illinois Notary Act, Public Act 95-988

The expiration date of the legislation was July 1, 2018. To date, there has been no legislation to extend the date. The requirements are no longer in effect. If legislation is passed in the future reinstating the requirements, this bulletin will be updated to reflect the reinstatement.

 

Dear Associates:

On September 23, 2008 the legislature approved an amendatory veto which made Public Act 95-988 effective as of June 1, 2009. The express purpose of this act is to eliminate conveyancing fraud in Cook County, Illinois by changing the procedures for notarizing deeds.

The act applies to documents that transfer or purport to transfer title to residential real property located in Cook County, Illinois only. It applies to deeds of conveyance to and from all types of entities: individuals, partnerships, corporations, LLC's, etc.

A Notary is required to create a Notarial Record (a sample form is attached) of each notarial act performed in connection with a document of conveyance. The Notarial Record shall contain the following information:

(1) The date of the notarial act.

(2) The type, title or description of the document of conveyance being notarized, and the property index number (PIN) used to identify the Residential Real Property for assessment or taxation purposes and the common street address for the Residential Real Property that is the subject of the Document of Conveyance.

(3) The signature, printed name, and residence street address of each person whose signature is the subject of the notarial act and a certification by the person which states: "The undersigned grantor hereby certifies that the real property identified in this Notarial Record is Residential Real Property as defined in the Illinois Notary Public Act."

(4) A description of the satisfactory evidence reviewed by the Notary to determine the identity of the person whose signature is the subject of the notarial act. Identifying documents must be a document issued by a state or federal agency bearing the photographic image of the individual's face and the signature of the individual.

(5) The date of notarization, the fee charged for the notarial act, the Notary's home or business phone number, the Notary's residence street address, the Notary's commission expiration date, the correct legal name of the Notary's employer or principal, and the business street address of the Notary's employer or principal.

(6) The right thumbprint of the persons signing the Document of Conveyance (including an agent acting on behalf of a principal under a duly executed power of attorney). If the right thumbprint is not available, then the left thumb, or any available finger (which must be indicated on the Notarial Record). If a party signing the Document of Conveyance is physically unable to provide a thumbprint or fingerprint, the Notary must indicate that on the Notarial Record and provide an explanation of the physical condition.

If the Notary is a principal, employee, or agent of a title insurance company, title insurance agent, financial institution, or attorney, the Notarial Record is to be delivered to the employer within 14 days after the notarization for retention by the employer for seven (7) years.

The actual form to be used for the Notarial Record is set forth in the law in Section 3-102(f).

If the Notary is not employed by or as an agent for any of the above, then the Notary must deliver the original Notarial Record to the Cook County Recorder of Deeds, accompanied by a $5 filing fee. Notaries are prohibited from retaining copies of the original Notarial Record.

The Notarial Record:

(1) The Notarial Record may not be disclosed by a person except in response to a subpoena, and it is not subject to disclosure under the Freedom of Information Act.

(2) No copies of the Notarial Record may be made or retained by the Notary and such Notarial Record is to be retained by the Notary's employer.

(3) The Notary must describe the documents used to identify the signer. These identification documents must be, at the time of signing, current and valid state or federal IDs, bearing a photo and signature.

(4) The Notarial Record provisions apply only to Cook County, IL property and only for a period beginning on June 1, 2009 through July 1, 2013.

(5) The new law authorizes a maximum fee of up to $25 for a notarial action performed pursuant to these new requirements (otherwise the Illinois Notary Public Act limits notarial fees to $1 for any notarial act).

The following are exceptions to the law that will not require a fingerprint:

(1) 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;

(2) 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;

(3) deeds transferring ownership of Residential Real Property to a trust where the beneficiary is also the grantor;

(4) deeds from grantors to themselves that are intended to change the nature or type of tenancy by which they own Residential Real Property;

(5) 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;

(6) deeds executed to the mortgagee in lieu of foreclosure of a mortgage; and

(7) deeds transferring ownership to a revocable or irrevocable grantor trust where the beneficiary includes the grantor.

Please note that the original document must be maintained and cannot be scanned. If your office practice is to scan documents and retain files in this manner, a separate master file which maintains the original Notarial Record must be created or the form sent to the Cook County Recorder of Deeds.

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THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
IL Notarial Record - Residential Real Property Transactions