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| Public Act 099-0075 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by adding Section | ||||
3-5010.10 as follows: | ||||
(55 ILCS 5/3-5010.10 new) | ||||
Sec. 3-5010.10. Property fraud alert system; registration | ||||
by property owners and real estate professionals. | ||||
(a) As used in this Section: | ||||
"Property fraud alert system" means any electronic or | ||||
automated alert system run by a county or by a third-party | ||||
vendor, by whatever name, that informs a property owner by | ||||
e-mail, telephone, or mail when a document is recorded with the | ||||
county recorder that relates to a registered property. | ||||
"Real estate professional" means a licensed real estate | ||||
agent, attorney, closing agent, or agent of a title insurance | ||||
company. | ||||
(b) In a county that has a property fraud alert system, a | ||||
recorder may create a registration form for a real estate | ||||
professional to file with the recorder on behalf of a property | ||||
owner to register the property owner in the county's property | ||||
fraud alert system. The registration form must contain the | ||||
following minimum information: | ||||
(1) A notice on the top of the form that property | ||
owners are not required to register with the county's | ||
property fraud alert system. | ||
(2) A description of the county's property fraud alert | ||
system; the name of the third-party vendor, if any, who | ||
operates the property fraud alert system; and the cost, if | ||
any, to the property owner of the property fraud alert | ||
system; | ||
(3) A portion to be completed by a property owner and | ||
real estate professional containing: | ||
(i) the property owner's name and mailing address; | ||
(ii) the Property Index Number (PIN) or unique | ||
parcel identification code of the property for which an | ||
alert will be created; | ||
(iii) the e-mail, telephone number, or mailing | ||
address the property owner would like to receive the | ||
alert; | ||
(iv) any information a third-party vendor who | ||
operates a county's property fraud alert system | ||
requires to register a property owner; | ||
(v) if required, payment method and billing | ||
information; | ||
(vi) a clear and conspicuous notice, immediately | ||
before the signatures, stating that the property owner | ||
understands that neither the recorder, nor a | ||
third-party vendor operating a county's property fraud | ||
alert system, nor a real estate professional, nor any | ||
employees thereof shall be liable to the property owner | ||
should the property fraud alert system fail to alert | ||
the property owner of any document being recorded and | ||
that it is the property owner's responsibility to | ||
verify the information he or she has provided is | ||
correct and that he or she is registered with the | ||
property fraud alert system; | ||
(vii) a place for the property owner's signature; | ||
(viii) a place for the real estate professional's | ||
signature, if applicable, along with a statement | ||
indicating that the real estate professional is | ||
registered with the recorder and is allowed to file the | ||
registration form with the recorder; and | ||
(ix) a place to list up to 3 other persons to | ||
receive a property fraud alert, including each | ||
person's e-mail, telephone number, or address where he | ||
or she will receive the alert. | ||
(c) A property owner or real estate professional may file a | ||
completed and signed registration form with the recorder. When | ||
a recorder receives such a completed and signed registration | ||
form, the recorder shall complete the registration process for | ||
the property owner listed on the registration form by entering | ||
the information from the registration form into the property | ||
fraud alert system. | ||
(d) A real estate professional that wishes to file | ||
registration forms with the recorder on behalf of property | ||
owners must first register with the recorder by verifying they | ||
are a licensed real estate agent, attorney, closing agent, or | ||
agent of a title insurance company. The recorder shall keep a | ||
list of all registered real estate professionals. | ||
(e) No county, recorder, third-party vendor operating a | ||
county's property fraud alert system, real estate | ||
professional, or any employees thereof shall be subject to | ||
liability, except for willful and wanton misconduct, for any | ||
error or omission in registering a property owner pursuant to | ||
this Section or for any damages caused by the failure of the | ||
property owner to be alerted of any document that was recorded | ||
that relates to a property registered under the owner's name. | ||
(f) A home rule unit shall not use or create a registration | ||
form for use by a real estate professional to register a | ||
property owner on the county's property fraud alert system that | ||
conflicts with this Section. This Section is a limitation under | ||
subsection (i) of Section 6 of Article VII of the Illinois | ||
Constitution on the concurrent exercise by home rule units of | ||
powers and functions exercised by the State. However, nothing | ||
in this Section shall prevent any person from signing up for a | ||
property fraud alert system by other means than those provided | ||
for in this Section, including, but not limited to, on a | ||
county's website or a third-party vendor's website that hosts a | ||
property fraud alert system.
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