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| | HB2269 Engrossed | | LRB098 10267 JDS 40446 b |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Notary Public Act is amended by |
5 | | changing Section 3-102 as follows:
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6 | | (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
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7 | | Sec. 3-102. Notarial Record; Residential Real Property |
8 | | Transactions. |
9 | | (a) This Section shall apply to every notarial act in |
10 | | Illinois involving a document of conveyance that transfers or |
11 | | purports to transfer title to residential real property located |
12 | | in Cook County. |
13 | | (b) As used in this Section, the following terms shall have |
14 | | the meanings ascribed to them: |
15 | | (1) "Document of Conveyance" shall mean a written |
16 | | instrument that transfers or purports to transfer title |
17 | | effecting a change in ownership to Residential Real |
18 | | Property, excluding: |
19 | | (i) court-ordered and court-authorized conveyances |
20 | | of Residential Real Property, including without |
21 | | limitation, quit-claim deeds executed pursuant to a |
22 | | marital settlement agreement incorporated into a |
23 | | judgment of dissolution of marriage, and transfers in |
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1 | | the administration of a probate estate; |
2 | | (ii) judicial sale deeds relating to Residential |
3 | | Real Property, including without limitation, sale |
4 | | deeds issued pursuant to proceedings to foreclose a |
5 | | mortgage or execute on a levy to enforce a judgment; |
6 | | (iii) deeds transferring ownership of Residential |
7 | | Real Property to a trust where the beneficiary is also |
8 | | the grantor; |
9 | | (iv) deeds from grantors to themselves that are |
10 | | intended to change the nature or type of tenancy by |
11 | | which they own Residential Real Property; |
12 | | (v) deeds from a grantor to the grantor and another |
13 | | natural person that are intended to establish a tenancy |
14 | | by which the grantor and the other natural person own |
15 | | Residential Real Property; |
16 | | (vi) deeds executed to the mortgagee in lieu of |
17 | | foreclosure of a mortgage; and |
18 | | (vii) deeds transferring ownership to a revocable |
19 | | or irrevocable grantor trust where the beneficiary |
20 | | includes the grantor. |
21 | | (2) "Financial Institution" shall mean a State or |
22 | | federally chartered bank, savings and loan association, |
23 | | savings bank, credit union, or trust company.
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24 | | (3) "Notarial Record" shall mean the written document |
25 | | created in conformity with this Section by a notary in |
26 | | connection with Documents of Conveyance. |
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1 | | (4) "Residential Real Property" shall mean a building |
2 | | or buildings located in Cook County, Illinois and |
3 | | containing one to 4 dwelling units or an individual |
4 | | residential condominium unit. |
5 | | (5) "Title Insurance Agent" shall have the meaning |
6 | | ascribed to it under the Title Insurance Act.
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7 | | (6) "Title Insurance Company" shall have the meaning |
8 | | ascribed to it under the Title Insurance Act.
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9 | | (c) A notary appointed and commissioned as a notary in |
10 | | Illinois shall, in addition to compliance with other provisions |
11 | | of this Act, create a Notarial Record of each notarial act |
12 | | performed in connection with a Document of Conveyance. The |
13 | | Notarial Record shall contain: |
14 | | (1) The date of the notarial act; |
15 | | (2) The type, title, or a description of the Document |
16 | | of Conveyance being notarized, and the property index |
17 | | number ("PIN") used to identify the Residential Real |
18 | | Property for assessment or taxation purposes and the common |
19 | | street address for the Residential Real Property that is |
20 | | the subject of the Document of Conveyance; |
21 | | (3) The signature, printed name, and residence street |
22 | | address of each person whose signature is the subject of |
23 | | the notarial act and a certification by the person that the |
24 | | property is Residential Real Property as defined in this |
25 | | Section, which states "The undersigned grantor hereby |
26 | | certifies that the real property identified in this |
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1 | | Notarial Record is Residential Real Property as defined in |
2 | | the Illinois Notary Public Act". |
3 | | (4) A description of the satisfactory evidence |
4 | | reviewed by the notary to determine the identity of the |
5 | | person whose signature is the subject of the notarial act; |
6 | | (5) The date of notarization, the fee charged for the |
7 | | notarial act, the Notary's home or business phone number, |
8 | | the Notary's residence street address, the Notary's |
9 | | commission expiration date, the correct legal name of the |
10 | | Notary's employer or principal, and the business street |
11 | | address of the Notary's employer or principal; and |
12 | | (6) The notary public shall require the person signing |
13 | | the Document of Conveyance (including an agent acting on |
14 | | behalf of a principal under a duly executed power of |
15 | | attorney), whose signature is the subject of the notarial |
16 | | act, to place his or her right thumbprint on the Notarial |
17 | | Record. If the right thumbprint is not available, then the |
18 | | notary shall have the party use his or her left thumb, or |
19 | | any available finger, and shall so indicate on the Notarial |
20 | | Record. If the party signing the document is physically |
21 | | unable to provide a thumbprint or fingerprint, the notary |
22 | | shall so indicate on the Notarial Record and shall also |
23 | | provide an explanation of that physical condition. The |
24 | | notary may obtain the thumbprint by any means that reliably |
25 | | captures the image of the finger in a physical or |
26 | | electronic medium. |
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1 | | (d) If a notarial act under this Section is performed by a |
2 | | notary who is a principal, employee, or agent of a Title |
3 | | Insurance Company, Title Insurance Agent, Financial |
4 | | Institution, or attorney at law, the notary shall deliver the |
5 | | original Notarial Record to the notary's employer or principal |
6 | | within 14 days after the performance of the notarial act for |
7 | | retention for a period of 7 years as part of the employer's or |
8 | | principal's business records. In the event of a sale or merger |
9 | | of any of the foregoing entities or persons, the successor or |
10 | | assignee of the entity or person shall assume the |
11 | | responsibility to maintain the Notarial Record for the balance |
12 | | of the 7-year business records retention period. Liquidation or |
13 | | other cessation of activities in the ordinary course of |
14 | | business by any of the foregoing entities or persons shall |
15 | | relieve the entity or person from the obligation to maintain |
16 | | Notarial Records after delivery of Notarial Records to the |
17 | | Recorder of Deeds of Cook County, Illinois. |
18 | | (e) If a notarial act is performed by a notary who is not a |
19 | | principal, employee, or agent of a Title Insurance Company, |
20 | | Title Insurance Agent, Financial Institution, or attorney at |
21 | | law, the notary shall deliver the original Notarial Record |
22 | | within 14 days after the performance of the notarial act to the |
23 | | Recorder of Deeds of Cook County, Illinois for retention for a |
24 | | period of 7 years, accompanied by a filing fee of $5. |
25 | | (f) The Notarial Record required under subsection (c) of |
26 | | this Section shall be created and maintained for each person |
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1 | | whose signature is the subject of a notarial act regarding a |
2 | | Document of Conveyance and shall be in substantially the |
3 | | following form: |
4 | | NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
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5 | | Date Notarized:
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6 | | Fee: $
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7 | | The undersigned grantor hereby certifies that the real property |
8 | | identified in this Notarial Record is Residential Real Property |
9 | | as defined in the Illinois Notary Public Act. |
10 | | Grantor's (Signer's) Printed Name:
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11 | | Grantor's (Signer's) Signature:
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12 | | Grantor's (Signer's) Residential Street Address, City, State, |
13 | | and Zip:
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14 | | Type or Name of Document of Conveyance:
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15 | | PIN No. of Residential Real Property:
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16 | | Common Street Address of Residential Real Property:
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17 | | Thumbprint or Fingerprint:
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1 | | Description of Means of Identification:
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2 | | Additional Comments:
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3 | | Name of Notary Printed:
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4 | | Notary Phone Number:
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5 | | Commission Expiration Date:
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6 | | Residential Street Address of Notary, City, State, and Zip:
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7 | | Name of Notary's Employer or Principal:
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8 | | Business Street Address of Notary's Employer or Principal, |
9 | | City, State, and Zip:
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10 | | (g) No copies of the original Notarial Record may be made |
11 | | or retained by the Notary. The Notary's employer or principal |
12 | | may retain copies of the Notarial Records as part of its |
13 | | business records, subject to applicable privacy and |
14 | | confidentiality standards. |
15 | | (h) The failure of a notary to comply with the procedure |
16 | | set forth in this Section shall not affect the validity of the |
17 | | Residential Real Property transaction in connection to which |
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1 | | the Document of Conveyance is executed, in the absence of |
2 | | fraud. |
3 | | (i) The Notarial Record or other medium containing the |
4 | | thumbprint or fingerprint required by subsection (c)(6) shall |
5 | | be made available or disclosed only upon receipt of a subpoena |
6 | | duly authorized by a court of competent jurisdiction. Such |
7 | | Notarial Record or other medium shall not be subject to |
8 | | disclosure under the Freedom of Information Act and shall not |
9 | | be made available to any other party, other than a party in |
10 | | succession of interest to the party maintaining the Notarial |
11 | | Record or other medium pursuant to subsection (d) or (e). |
12 | | (j) In the event there is a breach in the security of a |
13 | | Notarial Record maintained pursuant to subsections (d) and (e) |
14 | | by the Recorder of Deeds of Cook County, Illinois, the Recorder |
15 | | shall notify the person identified as the "signer" in the |
16 | | Notarial Record at the signer's residential street address set |
17 | | forth in the Notarial Record. "Breach" shall mean unauthorized |
18 | | acquisition of the fingerprint data contained in the Notarial |
19 | | Record that compromises the security, confidentiality, or |
20 | | integrity of the fingerprint data maintained by the Recorder. |
21 | | The notification shall be in writing and made in the most |
22 | | expedient time possible and without unreasonable delay, |
23 | | consistent with any measures necessary to determine the scope |
24 | | of the breach and restore the reasonable security, |
25 | | confidentiality, and integrity of the Recorder's data system.
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26 | | (k) Subsections (a) through (i) shall not apply on and |
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1 | | after July 1, 2018 2013 .
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2 | | (l) Beginning July 1, 2013, at
the time of notarization, a |
3 | | notary public shall officially sign every
notary certificate |
4 | | and affix the rubber stamp seal clearly and legibly
using black |
5 | | ink, so that it is capable of photographic reproduction. The
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6 | | illegibility of any of the information required by this Section |
7 | | does not
affect the validity of a transaction.
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8 | | (Source: P.A. 97-508, eff. 8-23-11.)
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9 | | Section 99. Effective date. This Act takes effect upon |
10 | | becoming law.
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