Deeds, Mortgages, Releases and Other Instruments

Deeds, mortgages and releases are among the most commonly recorded documents and account for over 80 percent of all recordings.

Information for the proper recording of a deed or trust document may be found in, but not limited to, the Illinois Compiled Statutes, Chapter 765 ILCS, Property, Chapter 55 ILCS, Article 3, Division 3-5 Recorder, and Chapter 35 ILCS, Revenue.

All deeds or trust documents must be accompanied by an Illinois Department of Revenue Real Estate Transfer Declaration or a Statement of Exemption.

The Real Estate Transfer Declaration is created by the Illinois Department of Revenue. If you have questions in regard to this form, you may contact the Illinois Department of Revenue.

Illinois Department of Revenue
101 West Jefferson Street, P. O. Box 19033
Springfield, Illinois 62794-9033
(217) 785-6619 or (217) 782-4568

For further, specific information regarding Transfer Declarations, lease refer to Illinois Compiled Statutes, Chapter 35, Revenue, Act 200 Property Tax Code, Article 31. Real Estate Transfer Law.

The Statement of Exemption permits you to claim an exemption from the transfer tax for your particular transaction. For the exact list of exemptions, please refer to Chapter 35 ILCS, Section 200/31-45 exemptions, or refer to pages 44 and 45 in the appendix.

Corporations

The Illinois Secretary of State’s Office has a Corporation Department that initially handles the filing of corporate documents. Their address is:

Secretary of State
Corporation Department
Centennial Building, Room 328
Springfield, Illinois 62756
Phone Numbers:
Chicago Office: (312) 793-3380
Springfield Office: (217) 782-7880

Further information can be found in the Illinois Compiled Statutes, Chapter 805, Corporations.

Judgment and Lis Pendens

Information on judgments can be found in the Illinois Compiled Statutes, Chapter 735, Act 5, Article XII, Judgments-Enforcement.

Information on Lis Pendens can be found in the same chapter under Act 5, Article II, Part 19, Lis Pendens.

In filing a memorandum of judgment (forms for which are provided by my office), Illinois Compiled Statutes requires the following; "The term ‘memorandum’ as used in this section means a memorandum or copy of the judgment signed by a judge or a copy attested by the clerk of the court entering it and showing the court in which entered, date, amount, number of the case in which it was entered, name of the party in whose favor and name and last known address of the party against whom entered. If the address of the party against whom the judgment was entered is not known, the memorandum or copy of judgment shall so state."

Monument Record

Information for this type of document can be located in the Illinois Compiled Statutes, Chapter 765, Act 220. Land Survey Monuments Act.

The monument records shall be recorded with the Recorder or Registrar of Titles and be securely fastened into the entry book as provided for that purpose. The monument records shall be indexed by Section, Township and Range so as to be easily retrievable.

Uniform Commercial Code

"An act relating to certain commercial transactions and contracts and other documents concerning them, including sales, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities and secured transactions, including certain sales of accounts, chattel paper and contract rights; providing for public notice to third parties in certain circumstances; regulating procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; and providing penalties."

Pertinent information regarding fees and recording requirements can be found in the Illinois Compiled Statutes, Chapter 810, Commercial Code, Act 5, Article 9, Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper, Part 4, Filing.