The County of DuPage
Wheaton, Illinois
 

Document Recording

The following is a brief outline as to the basic requirements of a document in order to be suitable for recordation. Due to the diverse number of documents that are submitted, the following information will not be all inclusive but will highlight information relevant to the most commonly recorded documents.

The following three items of information are essential in the recordation process and apply to any instrument which affects real property

First, pursuant to DuPage County Board ordinance, any document which purports to affect real property and which is hereafter filed with the Recorder’s Office must have affixed the proper Permanent Parcel Number which is a ten-digit tax identification number.

Second, pursuant to DuPage County Board ordinance, the document shall also have affixed the common street address of the property described in the instrument.

Third, any instrument submitted for filing or recordation wherein a property description is an essential part of the instrument must contain the legal description.

Topics

A. 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 supplied by my office and will allow you to calculate the net taxable consideration subject to transfer tax.

At the present time the State of Illinois collects $ .50 per $ 500 or part thereof of taxable consideration.

The County of DuPage collects $ .25 per $ 500 or part thereof of taxable consideration.

The Real Estate Transfer Declaration is created by the Illinois Department of Revenue. All information must be completed on the form or it cannot be accepted by my office. If you have questions in regard to this form, you may contact my office or the Illinois Department of Revenue, at the address and phone number listed below.

Illinois Department of Revenue
101 West Jefferson Street
Springfield, Illinois 62702
800. 732.8866 or 217.782.3336 or TDD: 800.544.5304

For further, specific information regarding Transfer Declarations, please 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.

The following information is important to the proper recordation of a document and is taken from the Illinois Compiled Statutes, Chapter 55 ILCS, Division 3-5, Recorder Sections 5/3-5020, 5020.5, 5021 and 5022.

5/3-5020 Name and address of grantee for tax purposes.
In counties of the first and second class, no recorder shall record any conveyance of real estate unless the conveyance contains the name and address of the grantee for tax billing purposes.

NOTE:
 

  • Counties containing a population not exceeding 25,000 inhabitants shall be known as counties of the first class.
  • Counties containing a population over 25,000 and not exceeding 1,000,000 shall be known as counties of the second class.
  • Counties containing a population exceeding 1,000,000 shall be known as counties of the third class.
  • At the present time DuPage County is a county of the second class, with a population over 800,000.

5/3-5020.5 Information concerning recorded or filed instruments.
Each instrument recorded with the county recorder must contain the following:

  1. The name and address of the person to whom the instrument is to be returned.
  2. The recorder’s document number of any instrument (i) referred to in the instrument being recorded or filed or (ii) relating to the instrument being recorded or filed, such as, without limitation, the recorder’s document number of a mortgage when the instrument being recorded or filed is a release of that mortgage.
  3. The book and page number, if applicable, of any instrument (i) referred to in the instrument being recorded or filed or (ii) relating to the instrument being recorded or filed.

5/3-5021 Recording or registering instruments transferring title to real estate or a beneficial interest in real estate subject to a land trust.
If any home rule municipality has levied a real estate transfer tax and a certified copy of the ordinance of resolution levying the tax, specifying the rates and the design and denomination of stamps evidencing payment thereof, has been on file with the county recorder for at least 30 days, the recorder of that county may not accept for recording or for registration under "An Act concerning land titles," approved May 1, 1897, as amended, any instrument transferring title to real estate in that municipality, or the beneficial interest in real estate in that municipality which is the subject of a land trust, for which revenue stamps are required to be purchased under the "Real Estate Transfer Act," approved July 17, 1967, as amended, without proof of payment of the municipal real estate transfer tax.

The following municipalities currently have levied a real estate transfer tax in DuPage County:
Addison, Aurora, Bartlett, Bolingbrook, Carol Stream, Elk Grove Village, Elmhurst, Glendale Heights, Glen Ellyn, Hanover Park, Naperville, Wheaton, Woodridge.

Please note that each municipality may charge different rates and they are subject to change. Currently they range from a low of $1.50 per $ 1,000 to a high of $ 7.50 per $ 1,000.

5/3-5022 Identification of person preparing instrument affecting title to real estate.
No recorder shall record any instrument affecting title to real estate unless the name and address of the person who prepared and drafted such instrument is printed, typewritten or stamped on the face thereof in a legible manner, but the validity and effect of the record of any such instrument shall not be lessened or impaired by the fact that this does not comply with the provisions of this section. An instrument complies with this section if it contains a statement in substantially the following form:

This instrument was prepared by

___________________________ Name

___________________________ Address

This section does not apply to any instrument executed before the effective date of this section, 1/1/90, nor to the following:

  1. An order or judgment or process of any court;
  2. A will;
  3. A death certificate; or
  4. An instrument executed or acknowledged outside of this State.

For information on Mortgages, please refer to Illinois Compiled Statutes, Chapter 765, Conveyances, Chapter 765, Mortgages, and Chapter 735, Practice. In most instances, your lending institution will be more than happy to assure that your mortgage papers are properly completed.

For information on Releases, please refer to Illinois Compiled Statutes, Chapter 765, Mortgages, Paragraph 905/2. In most instances, it will be necessary for the property owner to assure that their release papers are properly completed.

I have been asked in my capacity as Recorder to act as Successor Trustee in the execution of a Release Deed. Inasmuch as the Recorder has not accepted the trust created in a Deed of Trust or Trust Deed, the DuPage County State’s Attorney has advised me not to act in this capacity.

For information on the transfer of beneficial interest, please refer to Illinois Compiled Statutes, Chapter 765, Conveyances, under the heading of, " Land Trust Recordation and Transfer Tax Act." Specifically in regard to transfers of beneficial interest of a land trust, please be advised of the following information is contained in that chapter.

ACT 420/3 Recordation of trust instruments/Identity of parties/Transfer Tax

Every trustee of a land trust who accepts any instrument which transfers the beneficial interest under such trust after January 1, 1986, other than trust documents relating to land situated in counties with a population of 2,000,000 or less which secure debt or other obligation or when the actual consideration is less than $100, shall record the instrument or a facsimile thereof with the Recorder of Deeds or Registrar of Titles of the county in which the real estate that is the subject of this trust is located. Such document shall be recorded or registered within 60 days after the trustee accepts the instrument which transfers such beneficial interest. Any document which is to be recorded pursuant to this section may be altered so as to delete or omit the name of any or all parties named in the instrument and may be modified in any other reasonable manner to prevent the disclosure of the identity of such parties. If the county board of a county adopts an ordinance imposing a tax upon the privilege of transferring a beneficial interest in a land trust, no transfer of a beneficial interest in any land trust shall be operative until such time as there is compliance with the county ordinance imposing the transfer tax.

A change occurred in the statute on Probate, Chapter 755. This change directly involved the Recorder’s Office. Please refer to the following information in paragraph 5/20-24.

  1. If a decedent’s estate in supervised or independent administration includes an interest in real estate that is not sold or conveyed by the representative during administration, the representative shall sign and record a notice of probate. The notice shall include the decedent’s name, address and date of death, the legal description and street address (if any) of the real estate, the court name and case number to identify the estate, the date the representative was appointed, and the representative’s name and address. The notice shall be recorded in the county where the real estate is located before the representative is discharged.
  2. Any heir or legatee who claims title to an interest in real estate from a decedent for whose estate no notice has been recorded under subsection (a) of this Section (or any successor in interest to such an heir or legatee) may record a notice of probate in substantially the same form as that required in subsection (a).
  3. A representative acting under independent administration may combine in one instrument the notice of probate and release as provided in Section 28-10.

For further information, please refer to paragraph 5/28-8 (i) and paragraph 5/28-10 (a).

Finally, under the recent enactment of the Illinois Responsible Property Transfer Act, certain real property transfers will require release of environmental information.

Detailed information concerning this act may be found in the Illinois Compiled Statutes, Chapter 765, Paragraph 90/2. Its purpose, as stated in the act, "is to ensure that parties involved in certain real estate transactions are made aware of the existing environmental liabilities associated with ownership of such properties, as well as the past use and environmental status of such properties. It is also the purpose of this act to ensure that the interest of the People of the State is protected by providing a mechanism whereby parties to a real estate transaction re advised of the environmental condition of such property and thus are encouraged to act in a responsible manner so as to fulfill the purpose and intent of existing environmental laws".

If you need further information in regard to this act, you may wish to contact the Illinois Chamber at either of the following:

20 N. Wacker Drive OR 215 East Adams Street
Suite 1960 Springfield, Illinois 62701
Chicago, Illinois 60606 217.522.5512
312.372.7373

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B. Plats and Delineations

At the time of recordation, the Recorder’s Office requires you to present the original plat. If at the time of recording it can be determined that the plat presented for recordation will not lend itself adequately for micrographic reproduction, I will retain the original plat as a permanent record of the office.

Please refer to Illinois Compiled Statutes, Chapter 765, Property, Act 205, and Chapter 55 ILCS, Counties, for further information.

The following is from Division 3-5, Recorder, Chapter 55, Paragraph 5/3-5029.

No person shall offer or present for recording or record any map, plat or subdivision of land situated in any incorporated city, town or village, nor within one and one half miles of the corporate limits of any incorporated city, town or village which has adopted a city plan and is exercising the special powers authorized by Division 12 of Article 11 of the Illinois Municipal Code, as now or hereafter amended, and not included in any municipality unless the map, plat or subdivision is under the seal of a registered Illinois land surveyor and unless it is entitled to record as provided in Sections 11-15-1 and 11-12-3 of the Illinois Municipal Code, as now or hereafter amended. Any map, plat or subdivision of land presented for recording shall have attached thereto or endorsed thereon the Certificate of an Illinois Registered Land Surveyor that the land is or is not within any incorporated city, town or village, nor within one and one half miles of the corporate limits of any incorporated city, town or village which has adopted a city plan and is exercising the special powers authorized by Division 12 of Article 11 of the Illinois Municipal Code, as now or hereafter amended, and not included in any municipality. No person shall offer or present for recording or record any subdivision plat of any lands bordering on or including any public waters of the State in which the State of Illinois has any property rights or property interests, unless such subdivision plat is under the seal of a registered Illinois Land Surveyor and is approved by the Department of Transportation, nor shall any person offer or present for recording or record any map, plat or subdivision of lands, without indicating whether any part of which as shown on the map, plat or subdivision is located within a special flood hazard area as identified by the Federal Emergency Management Agency nor shall any person offer or present for recording or record any map, plat or subdivision of land situated outside any incorporated city, town or village unless the map, plat or subdivision is under the seal of a registered Illinois Land Surveyor, and unless it is entitled to record as provided in Section 25.09 of "An Act to revise the law in relation to counties, "approved March 31, 1874, as amended, however, the provision of this section shall not apply to any street or highway survey map or plat. Any person who records, or offers or represents for recording, which offer or presentation results in a recording of, any map, plat or subdivision of land which he knows to be in violation of this section shall pay to the county the sum of $ 200, to be recovered in the circuit court, in the name of the state, for the use of the county, with costs of suit.

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C. Mechanic Liens

For information, please refer to Illinois Compiled Statutes, Chapter 770, Liens. Further information on mechanic liens can be found in the chapter on Searching for a document.

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D. 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.

Information concerning the Revised Uniform Limited Partnership Act of 1986, also administered by the Illinois Secretary of State, can be obtained from the following offices:

Secretary of State
188 West Randolph Street
Room 426
Chicago, Illinois 60601
Phone Number: 312.793.2872

Secretary of State Corporation Department
Limited Partnership Division
Centennial Building, Room 328
Springfield, Illinois 62756
Phone Number: 217.785.8960

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E. State and Federal Government Liens

Information concerning state tax liens can be found in the Illinois Compiled Statutes, Chapter 35 ILCS, Act 5, Article 11, Liens and Jeopardy Assessments.

If you have any questions, you may contact the Illinois Department of Revenue at either of the following locations:

Illinois Department of Revenue
Willard Ice Building
Attn: Lien Unit
101 W. Jefferson, P O Box 19035
Springfield, Illinois 62794-9035
Phone: 217.782.3336

OR
Illinois Department of Revenue
Chicago
Phone: 312.814.3500

Information on federal tax liens can be obtained from the Internal Revenue Service at either of the following offices:

Internal Revenue Service
Manager Review & Lien Unit
230 S. Dearborn, 17th Floor
Chicago, Illinois 60690
Attn: Lien Unit
Phone: 312.292.4912

OR
Internal Revenue Service
2001 Butterfield Road
12th Floor
Downers Grove, Illinois 60515
Phone: 630.743.0533
Toll Free Number: 800.829.3676

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F. 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, 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."

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G. 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.

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H. 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.

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I. Military Discharge

Information on Military Discharge is located in the Illinois Compiled Statutes, Chapter 55, ILCS, 5/3-5015, Certificates of Discharge or Release from Active Duty.

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