HB0060 98TH GENERAL ASSEMBLY

LRB098 04064 HEP 34085 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0060

Introduced 1/9/2013, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

765 ILCS 5/10

from Ch. 30, par. 9

Amends the Conveyances Act. Provides that no quitclaim deed may be recorded in a county with a population of 3,000,000 or more unless each grantor conveying real estate by the quitclaim deed signs or acknowledges his or her signature in the recorder's office before a notary public who is an employee of the recorder's office and who is satisfied that there appears no reason not to notarize the grantor's signature. Provides that a grantor of a quitclaim deed shall acknowledge that he or she read and signed the quitclaim deed and understands that the quitclaim deed conveys any and all interest of the grantor in the real estate conveyed to the grantee. Provides that a quitclaim deed executed by a financial institution conveying an interest that it has in real estate is exempt from the notarization requirement. Provides that a quitclaim deed is exempt from the requirement to have the quitclaim deed notarized in the recorder's office if the quitclaim deed was executed by a grantor and notarized before a notary public other than an employee of the recorder's office for health reasons or because of a disability and if the deed has attached a licensed physician's report attesting to the health reasons or disability based on the physician's personal examination of the grantor within 10 days prior to the execution of the quitclaim deed. Provides that an additional fee of $50 may be collected by the recorder to record a quitclaim deed under the new provisions. Provides that a quitclaim deed that is exempt from any of the new provisions is still subject to the additional fee. Provides that all fees collected under the new provisions shall be deposited into the Recorder's Operation and Administrative Fund created by the recorder, and shall be used to offset the costs incurred by the recorder in performing the additional duties required provided by the new provisions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

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 10 as follows:

(765 ILCS 5/10) (from Ch. 30, par. 9)

Sec. 10. Quitclaim deeds.

(a) Quitclaim deeds may be, in substance, in the following form:

The grantor (here insert grantor's name or names and place of residence), for the consideration of (here insert consideration), convey and quit claim to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the County of ...., in the State of Illinois.

Dated (insert date).

(signature of grantor or grantors)

The names of the parties shall be typed or printed below the signatures. Such form shall have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder. However, the failure to comply with the requirement that the names of the parties be typed or printed below the signatures and that the form have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder shall not affect the validity and effect of such form.

(b) Every deed in substance in the form described in this Section, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quit claim to the grantee, his heirs and assigns, in fee of all the then existing legal or equitable rights of the grantor, in the premises therein described, but shall not extend to after acquired title unless words are added expressing such intention.

(c) No quitclaim deed, except as provided in this subsection (c), may be recorded in a county with a population of 3,000,000 or more, unless each grantor conveying real estate by the quitclaim deed signs or acknowledges his or her signature in the recorder's office before a notary public who is an employee of the recorder's office and who, when satisfied that there appears no reason not to notarize the grantor's signature, requires the grantor to complete and sign the following attestation, which shall be attached to or made a part of the quitclaim deed:

Attestation State of Illinois ) ) SS. County of ........)

I, ......................... (name of grantor), being first duly sworn on oath, depose and state that I am the grantor named in this quitclaim deed, read this quitclaim deed, signed this quitclaim deed, and understand that by signing this quitclaim deed I am conveying any and all interest that I may have in the real estate described in this quitclaim deed to ............................. (name of grantee).

.................................

(signature of grantor)

Subscribed and sworn to, or affirmed, before me this ............... day of ....................., 20.....

.................... My commission expires:....... Notary Public

The application of this subsection (c) is limited under the following circumstances:

(i) A quitclaim deed is exempt from the requirements of attaching an attestation and of having the quitclaim deed notarized in the recorder's office if the quitclaim deed was executed by a financial institution and the quitclaim deed conveys the financial institution's interest in the real estate described in the quitclaim deed.

(ii) A quitclaim deed is exempt from the requirement to have the quitclaim deed notarized in the recorder's office if the quitclaim deed was, for health reasons or because of a disability, executed by a grantor before a notary public other than an employee of the recorder's office and the quitclaim deed has attached to it a report from a licensed physician which contains: (1) a description of the nature of the grantor's health status or disability and an assessment of how the health status or disability prevents the grantor from appearing in the recorder's office before a notary employed by the recorder; (2) the results of an evaluation of the grantor's health status or disability which has been performed personally by the licensed physician no less than 10 days before the date that the grantor signed the quitclaim deed; and (3) the signature of the licensed physician who personally evaluated the grantor, along with the licensed physician's license number or designation.

A recorder in a county with a population of 3,000,000 or more may collect, in addition to any other fees collected for the filing of a quitclaim deed, an additional fee of $50 to record a quitclaim deed under this subsection (c). The fact that a quitclaim deed is exempt from any requirement of this subsection (c) does not exempt the quitclaim deed from the additional fee. All fees collected under this subsection (c) shall be deposited into the Recorder's Operation and Administrative Fund created by the recorder, and shall be used to offset the costs incurred by the recorder in performing the additional duties required by this subsection (c).

(Source: P.A. 91-357, eff. 7-29-99.)