HB4760 94TH GENERAL ASSEMBLY

LRB094 16177 AJO 51420 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4760

Introduced 01/18/06, by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

765 ILCS 5/35c

from Ch. 30, par. 34c

Amends the Conveyances Act. Provides that the signatures of all persons conveying an interest in real property shall be notarized on the instrument of conveyance.

A BILL FOR

AN ACT concerning property.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Conveyances Act is amended by changing Section 35c as follows:

(765 ILCS 5/35c) (from Ch. 30, par. 34c)

Sec. 35c. Whenever any deed or instrument of conveyance or other instrument to be made a matter of record is executed there shall be typed or printed to the side or below all signatures the names of the parties signing such instruments including the witnesses thereto, if any, and the names of the parties or officers taking the acknowledgments. The absence or neglect to print or type the names of the parties under the signatures shall not invalidate the instrument.

Whenever any deed or instrument of conveyance or other instrument to be made a matter of record is executed, the signatures of the parties making the conveyance shall be notarized by a notary public appointed and commissioned by the Secretary of State, or an equivalent officer in another state. The absence or neglect to notarize the signatures of the parties making the conveyance shall not invalidate the instrument.

Whenever any deed or instrument of conveyance is executed the name and address of the owner or owners to whom subsequent tax bills are to be sent shall be endorsed on the instrument. The absence or neglect of any one to comply with this provision shall not invalidate the instrument.

Whenever any deed or instrument of conveyance is executed and is to be made a matter of record wherein a metes and bounds description is incorporated, the metes and bounds description shall contain the section, township and range with an identifiable point of beginning. Subsequent courses shall contain approximate linear distance and direction values, direction being defined as any one or more of the following:

a. The angular relationship of the described course to a described course.

b. The bearing of the described course relative to the bearing of a described course.

c. The relationship of the described course to a known line, or a point thereon, such as a previously described course in the same description or a line of a section or fraction thereof or a line in a platted lot or block.

If references are made to existing monuments or points or lines of previously recorded conveyances, the instant description shall contain sufficient information so that it may be located without reference to matters outside the instant description.

The neglect to comply with the provisions of this Section shall not invalidate the instrument.

(Source: P.A. 85-1232.)