(765 ILCS 5/0.01) (from Ch. 30, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Conveyances Act.
(Source: P.A. 86-1324.)
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(765 ILCS 5/1) (from Ch. 30, par. 1)
Sec. 1.
Livery of seizin shall in no case be necessary for the
conveyance of real property; but every deed, mortgage or other
conveyance in writing, not procured by duress, and signed by the party
making the same, the maker or makers being of full age and sound mind, shall
be sufficient, without livery of seizin, for the
giving, granting, selling, mortgaging, leasing or otherwise conveying or
transferring any lands, tenements or hereditaments in this state, so as,
to all intents and purposes, absolutely and fully to vest in every
donee, grantee, bargainee, mortgagee, lessee or purchaser, all such
estate or estates as shall be specified in any such deed, mortgage,
lease or other conveyance. Nothing herein contained shall be so
construed as to divest or defeat the older or better estate or right of
any person or persons, not party to any such deed, mortgage, lease, or
other conveyance.
(Source: P.A. 80-660.)
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(765 ILCS 5/2) (from Ch. 30, par. 2)
Sec. 2.
Every estate, gift, grant, deed, mortgage, lease,
release, or confirmation of lands, tenements, rents, services or
hereditaments made or had, or hereafter to be made or had, by any person
or persons, being of full age and sound mind, and not procured
by duress, to any person or persons, and all recoveries, judgments and enforcements
had or made, or to be had or made, shall be good and
effectual to him, her or them to whom it is or shall be so made, had or
given, and to all others, to his, her or their use, against the judgment
debtor, seller, donor, grantor, mortgagor, lessor, releasor, or
confirmor, and against his, her or their heirs, claiming the same only
as heir or heirs, and each of them, and against all others having or
claiming any title or interest in the same, only to the use of the same
judgment debtor, seller, donor, grantor, mortgagor, lessor,
releasor or confirmor, or his, her or their heirs, at the time of
the judgment, enforcement, bargain, sale, mortgage, covenant, lease,
release, gift or grant made.
(Source: P.A. 84-546.)
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(765 ILCS 5/3) (from Ch. 30, par. 3)
Sec. 3.
Where any person or persons be the owner of, or at any time hereafter
shall be the owner of and in any premises, lands, tenements, rents, services,
reversions, remainders, or other
hereditaments, to the use, confidence or trust of any other person or
persons, or of any body politic, by reason of any bargain, sale,
fine, recovery, covenant, contract, agreement, will or
otherwise, by any manner of means whatsoever, in every such case all and
every such person or persons, and bodies politic, that have or hereafter
shall have any such use, confidence or trust, in fee simple, for term of
life, or for years or otherwise, or any use, confidence or trust in
remainder or reversion, shall from thenceforth be the owner of, deemed and
adjudged in lawful ownership, estate and possession of and in the same premises,
lands, tenements, rents, services, reversions,
remainders and hereditaments, with their appurtenances, to all intents,
constructions and purposes in law of and in such like estates, as they
had or shall have in use, confidence or trust of or in the same; and
that the estate, right, title and possession that was or shall be in
such person or persons that were or hereafter shall be the owner of any
lands, tenements or hereditaments, to the use, confidence or trust of
any such person or persons, or of any body politic, be from henceforth
clearly deemed and adjudged to be in him, her or them that have or
hereafter shall have such use, confidence or trust, after such quality,
manner, form and condition as they had before, in or to the use,
confidence or trust that was or shall be in them.
(Source: P.A. 80-660.)
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(765 ILCS 5/4) (from Ch. 30, par. 4)
Sec. 4.
Any person claiming right or title to lands, tenements or
hereditaments, although he, she or they may be out of possession, and
notwithstanding there may be an adverse possession thereof, may sell,
convey and transfer his or her interest in and to the same, in as full and
complete a manner as if he or she were in the actual possession of the
lands and premises intended to be conveyed; and the grantee or grantees
shall have the same right of action for the recovery thereof, and shall in
all respects derive the same benefit and advantage therefrom, as if the
grantor or grantors had been in the actual possession at the time of
executing the conveyance.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/4a) (from Ch. 30, par. 4a)
Sec. 4a.
Any person claiming any right, title, or interest in and to lands,
tenements or hereditaments, under and by virtue of a title derived solely
through a tax deed, whether he, she or they may be in or out of actual
possession, shall not sell, convey or transfer his, her or their right,
title and interest in and to the same by deed or conveyance, unless a legal
description, sufficient to identify said lands, tenements or hereditaments
by lot, when subdivided, and by tract or parcel when unsubdivided, is set
out in said deed or conveyance.
Any deed or conveyance hereinafter attempted to be made in which the
right, title or interest sought to be conveyed was or is derived solely
through a tax deed which does not conform to the provisions of this act
shall be void and of no effect in law.
(Source: Laws 1929, p. 278.)
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(765 ILCS 5/5.1) (from Ch. 30, par. 4a.1)
Sec. 5.1.
In the event it is necessary to record or file a deed with an
attached rider, such rider shall be permanently attached as an additional
page on the back of the deed so as to facilitate any photostating,
microfilming or other photographic process of reproduction of such deed and
rider. Failure to comply with this Section shall not invalidate such
instrument and the recordation thereof shall not be refused on such
account.
(Source: Laws 1961, p. 2433.)
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(765 ILCS 5/6) (from Ch. 30, par. 5)
Sec. 6.
In cases where, by the common law, any person or persons
might hereafter become the owner of, without applying the rule of property
known as the rule in Shelley's Case, in fee tail, of any lands,
tenements or hereditaments, by virtue of any legacy, gift, grant or
other conveyance, hereafter to be made, or by any other means
whatsoever, such person or persons, instead of being or becoming the owner
thereof in fee tail, shall be deemed and adjudged to be, and become
the owner thereof, for his or her natural life only, and the remainder
shall pass in fee simple absolute, to the person or persons to whom the
estate tail would, on the death of the first grantee, legatee or donee
in tail, first pass, according to the course of the common law, by
virtue of such legacy, gift, grant or conveyance.
(Source: P.A. 83-388.)
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(765 ILCS 5/7) (from Ch. 30, par. 6)
Sec. 7.
If any person shall sell and convey to another, by deed or
conveyance, purporting to convey an estate in fee simple absolute, in any
tract of land or real estate, lying and being in this state, not then being
possessed of the legal estate or interest therein at the time of the sale
and conveyance, but after such sale and conveyance the vendor shall become
possessed of and confirmed in the legal estate to the land or real estate
so sold and conveyed, it shall be taken and held to be in trust and for the
use of the grantee or vendee; and the conveyance aforesaid shall be held
and taken, and shall be as valid as if the grantor or vendor had the legal
estate or interest, at the time of said sale or conveyance.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/7a) (from Ch. 30, par. 6a)
Sec. 7a.
(a) Except as provided in subsection (b), any instrument,
including a will, which conveys, transfers,
encumbers, leases or releases, or by which an agreement is made to convey,
transfer, encumber, lease or release, or by virtue of which there is conveyed,
transferred, encumbered, leased or released, any real property, whether
described by a metes and bounds description or otherwise, which abuts upon
any road, street, highway or alley, or upon any abandoned or vacated road,
street, highway or alley shall be deemed and construed to include any
right, title or interest in that part of such road, street, highway or
alley which the abutting owner who makes any such instrument shall
presently have or, which such owner, his heirs, successors and assigns
subsequently acquires in such road, street, highway or alley unless such
instrument by its terms expressly excludes, in the description of the
property, such road, street, highway or alley. The right, title or interest
acquired under such instrument in such road, street, highway or alley, by
virtue of the provisions of this Act, shall be deemed and construed to be
for the same uses and purposes set forth in such instrument with respect to
the real property specifically described in the instrument. However, no
covenants or agreements made by the maker of any such instrument with
respect to any real property specifically described shall apply to or be
enforceable with respect to any right, title or interest which is acquired
solely by virtue of the provisions of this Act.
(b) With regard to any public utility, as defined in Section 3-105 of the
Public Utilities Act, engaged in public water or public sanitary sewer service
that comes under the jurisdiction of the Illinois Commerce Commission, any
instrument, including a will, which conveys, transfers,
encumbers, leases or releases, or by which an agreement is made to convey,
transfer, encumber, lease or release, or by virtue of which there is conveyed,
transferred, encumbered, leased or released, any real property, whether
described by a metes and bounds description or otherwise, which abuts upon
any road, street, highway or alley, or upon any abandoned or vacated road,
street, highway or alley shall be deemed and construed to include any
right, title or interest in that part of such road, street, highway or
alley which the abutting owner who makes any such instrument shall
presently have or, which such owner, his heirs, successors and assigns
subsequently acquires in such road, street, highway or alley unless such
instrument by its terms expressly excludes, in the description of the
property, such road, street, highway or alley. The right, title or interest
acquired under such instrument in such road, street, highway or alley, by
virtue of the provisions of this Act, shall be deemed and construed to be
for the same uses and purposes set forth in such instrument with respect to
the real property specifically described in the instrument. However, no
covenants or agreements made by the maker of any such instrument with
respect to any real property specifically described shall apply to or be
enforceable with respect to any right, title, or interest which is acquired
solely by virtue to the provisions of this Act.
"Conveyance" expressly excludes a road, street, highway, or alley if the
legal description of the property uses the boundary of the road, street,
highway, or alley closest to the property being conveyed as a boundary of the
property being conveyed
or expressly states that the road, street, highway, or alley is excepted
from the property being conveyed. A conveyance does not expressly exclude a
road, street, highway, or alley if the conveyance is described as being
"subject to" the road, street, highway, or alley. The rights accruing in the
abutting property owner under this Act shall be subject to all existing uses
and easements located within the right-of-way; the rights shall also be subject
to such future uses and easements as may be permitted to be located within the
right-of-way under the provisions of the Illinois Highway Code or any successor
statute thereto. This provision of this amendatory Act of the 93rd
General Assembly is intended to clarify, by codification, existing law and is
not intended to change the law.
(Source: P.A. 93-357, eff. 1-1-04.)
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(765 ILCS 5/8) (from Ch. 30, par. 7)
Sec. 8. Warranty deed; encumbrances done or suffered from the
grantor. (a) In all deeds whereby any estate of inheritance in fee simple
shall hereafter be limited to the grantee and his heirs, or other legal
representatives, the words "grant," "bargain" and "sell," shall be
adjudged an express covenant to the grantee, his heirs, and other legal
representatives, to-wit: that the grantor was the owner of an indefeasible
estate in fee simple, free from encumbrances done or suffered from the
grantor, except the rents and services that may be reserved, and also for
quiet enjoyment against the grantor, his heirs and assigns unless
limited by express words contained in such deed; and the grantee, his
heirs, executors, administrators and assigns, may in any action, assign
breaches, as if such covenants were expressly inserted: Provided,
always, that this law shall not extend to leases at rack-rent, or leases
not exceeding 21 years, where the actual possession goes
with the lease.
(b) Deeds made pursuant to this Section, sometimes referred to as special warranty deeds, may be substantially in the following form: The grantor (here insert the name or names and address of the grantor), for and in consideration of (here insert consideration), hereby grants, bargains, sells, and conveys to the grantee all of the following described land and the improvements thereon situated in the County of . . . ., State of Illinois, legally described and known as follows: (insert legal description, common address, and permanent index number) together with all and singular the hereditaments and appurtenances thereto; to have and to hold the same, with the appurtenances thereto, forever, subject to the following matters: . . . .(insert known encumbrances). 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 3 inches by 5 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 3 inches by 5 inches for use by the recorder shall
not affect the validity or effect of such a form. Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple, to the grantee, his or her heirs and assigns, with covenants on the part of the grantor (1) that at the time of making and delivery of such a deed, the grantor was the lawful owner of an indefeasible estate in fee simple in and to the premises therein described and that grantor had good right and full power to convey the same, (2) that the premises were free from encumbrances done or suffered by or through the grantor, except the rents and services that may be therein reserved, and (3) that the grantor will warrant and defend the premises against the lawful claims and demands of all persons claiming through the grantor but none other. (Source: P.A. 102-927, eff. 1-1-23.)
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(765 ILCS 5/9) (from Ch. 30, par. 8)
Sec. 9.
Deeds for the conveyance of land may be substantially in the
following form:
The grantor (here insert name or names and place of residence), for
and in consideration of (here insert consideration),
conveys and warrants to (here insert the grantee's name or names) 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.
Every deed in substance in the above form, when otherwise duly
executed, shall be deemed and held a conveyance in fee simple, to the
grantee, his heirs or assigns, with covenants on the part of the
grantor, (1) that at the time of the making and delivery of such deed he
was the lawful owner of an indefeasible estate in fee simple, in and to
the premises therein described, and had good right and full power to
convey the same; (2) that the same were then free from all incumbrances;
and (3) that he warrants to the grantee, his heirs and assigns, the
quiet and peaceable possession of such premises, and will defend the
title thereto against all persons who may lawfully claim the same.
Such covenants shall be obligatory upon any grantor, his heirs and
personal representatives, as fully and with like effect as if written at
length in such deed.
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 5/10) (from Ch. 30, par. 9)
Sec. 10.
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.
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.
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 5/11) (from Ch. 30, par. 10)
Sec. 11. (a) Mortgages of lands may be substantially in the following form:
The Mortgagor (here insert name or names), mortgages and warrants to
(here insert name or names of mortgagee or mortgagees), to secure the
payment of (here recite the nature and amount of indebtedness, showing
when due and the rate of interest, and whether secured by note or
otherwise), the following described real estate (here insert description
thereof), situated in the County of ...., in the State of Illinois.
Dated (insert date).
(signature of mortgagor or mortgagors)
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.
Such mortgage, when otherwise properly executed, shall be
deemed and held a good and sufficient mortgage in fee to secure the
payment of the moneys therein specified; and if the same contains the
words "and warrants," the same shall be construed the same as if full
covenants of ownership, good right to convey against incumbrances of
quiet enjoyment and general warranty, as expressed in Section 9 of this
Act were fully written therein; but if the words "and warrants" are
omitted, no such covenants shall be implied. When the grantor or
grantors in such deed or mortgage for the conveyance of any real
estate desires to release or waive his, her or their homestead rights
therein, they or either of them may release or waive the same by
inserting in the form of deed or mortgage (as the case may be), provided
in Sections 9, 10 and 11, after the words "State of Illinois," in
substance the following words, "hereby releasing and waiving all rights
under and by virtue of the homestead exemption laws of this State."
Mortgages securing "reverse mortgage" loans shall be subject to this Section
except where requirements concerning the definiteness of the term and amount of
indebtedness provisions of a mortgage would be inconsistent with the Acts
authorizing "reverse mortgage" loans, or rules and regulations promulgated
under those Acts.
Mortgages securing "revolving credit" loans shall be subject to this Section.
(b) The provisions of subsection (a) regarding the form of a mortgage are, and have always been, permissive and not mandatory. Accordingly, the failure of an otherwise lawfully executed and recorded mortgage to be in the form described in subsection (a) in one or more respects, including the failure to state the interest rate or the maturity date, or both, shall not affect the validity or priority of the mortgage, nor shall its recordation be ineffective for notice purposes regardless of when the mortgage was recorded. (Source: P.A. 97-1164, eff. 6-1-13.)
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(765 ILCS 5/12) (from Ch. 30, par. 11)
Sec. 12.
In deeds made by sheriffs, guardians,
administrators, executors, trustees, commissioners, or other persons, under
and by virtue of any judgment, order or proceeding of any court, it
shall be unnecessary to copy any such judgment, order or proceeding
in such deed; but it shall be sufficient to refer to the same by the title
of the cause, the name of the court, the date at which
such proceedings were had, or the judgment or order obtained.
(Source: P.A. 79-1360.)
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(765 ILCS 5/13) (from Ch. 30, par. 12)
Sec. 13.
Every estate in lands which is granted,
conveyed or bequeathed,
although other words heretofore necessary to transfer an estate of
inheritance is not added, shall be deemed a fee simple estate of
inheritance, if a less estate is not limited by express words, or do not
appear to have been granted, conveyed or bequeathed by construction or
operation of law.
(Source: P.A. 84-549.)
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(765 ILCS 5/14) (from Ch. 30, par. 13)
Sec. 14.
When an estate hath been, or shall be, by any conveyance limited
in remainder to the son or daughter, or to the use of the son or daughter
of any person to be begotten, such son or daughter, born after the decease
of his or her father, shall take the estate in the same manner as if he or
she had been born in the life time of the father, although no estate shall
have been conveyed to support the contingent remainder after his death.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/15) (from Ch. 30, par. 14)
Sec. 15.
Purchasers of school or canal lands or town lots may, by
indorsement in writing on their certificates of purchase, transfer and
assign all right and title to the lands or lots purchased, or transfers or
assignments of such certificates may be made upon a separate paper, and the
transferees or assignees may in like manner transfer and assign all such
certificates; and in all cases where certificates have been or shall
hereafter be transferred or assigned, patents shall issue in the name of
the last transferee or assignee.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/16) (from Ch. 30, par. 15)
Sec. 16.
The county board of any county may authorize any officer or member
of its board to execute and deliver all deeds, grants, conveyances and
other instruments in writing, which may become necessary in selling,
transferring or conveying any real estate belonging to its county and such
deeds, grants, conveyances and other instruments, if made without fraud or
collusion, shall be obligatory upon the county to all intents and purposes.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/19) (from Ch. 30, par. 18)
Sec. 19.
The acknowledgment or proof of any deed, mortgage, conveyance,
power of attorney, or other writing of or relating to the sale, conveyance,
or other disposition of lands or real estate, or any interest therein, by a
married woman, may be made and certified the same as if she were a feme
sole, and shall have the same effect.
(Source: P.A. 77-435.)
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(765 ILCS 5/20) (from Ch. 30, par. 19)
Sec. 20.
Deeds, mortgages, conveyances, releases, powers of attorney or
other writings of or relating to the sale, conveyance or other disposition
of real estate or any interest therein whereby the rights of any person may
be affected, may be acknowledged or proven before some
one of the following courts or officers, namely:
1. When acknowledged or proven within this State, before a notary
public, United States commissioner, county clerk, or any court or any
judge, clerk or deputy clerk of such court. When taken before a notary
public or United States commissioner, the same shall be attested by his
official seal; when taken before a court or the clerk thereof, or a deputy
clerk thereof, the same shall be attested by the seal of such court.
2. When acknowledged or proved outside of
this State and within the
United States or any of its territories or dependencies or the District of
Columbia, before a justice of the peace, notary public, master in chancery,
United States commissioner, commissioner to take acknowledgments of deeds,
mayor of city, clerk of a county, or before any judge, justice, clerk or
deputy clerk of the supreme, circuit or district court of the United
States, or before any judge, justice, clerk or deputy clerk, prothonotary,
surrogate, or registrar of the supreme, circuit, superior, district,
county, common pleas, probate, orphan's or surrogate's court of any of the
states, territories or dependencies of the United States. In any dependency
of the United States such acknowledgment or proof may also be taken or made
before any commissioned officer in the military service of the United
States. When such acknowledgment or proof is made before a notary public,
United States commissioner or commissioner of deeds, it shall be certified
under his seal of office. If taken before a mayor of a city it shall be
certified under the seal of the city; if before a clerk, deputy clerk,
prothonotary, registrar or surrogate, then under the seal of his court; if
before a justice of the peace or a master in chancery there shall be added
a certificate of the proper clerk under the seal of his office setting
forth that the person before whom such proof or acknowledgment was made was
a justice of the peace or master in chancery at the time of taking such
acknowledgment or proof. As acknowledgment or proof of execution of any
instrument above stated, may be made in conformity with the laws of the
State, territory, dependency or district where it is made. If any
clerk of any court of record within such state, territory, dependency or
district shall, under his signature and the seal of such court, certify that
such acknowledgment or proof was made in conformity with the laws of such
state, territory, dependency or district, or it shall so appear by the laws
of such state, territory, dependency or district such instrument or a duly
proved or certified copy of the record of such deed, mortgage or other
instrument relating to real estate heretofore or hereafter made and
recorded in the proper county may be admitted in evidence as
in other cases involving the admission of evidence of certified copies.
3. When acknowledged or proven outside of the United States
before any court of any republic, dominion, state, kingdom, empire, colony,
territory, or dependency having a seal, or before any judge, justice or
clerk thereof or before any mayor or chief officer of any city or town
having a seal, or before a notary public or commissioner of deeds, or any
ambassador, minister or secretary of legation or consul of the United
States or vice consul, deputy consul, commercial agent or consular agent of
the United States in any foreign republic, dominion, state, kingdom,
empire, colony, territory or dependency attested by his official seal or
before any officer authorized by the laws of the place where such
acknowledgment or proof is made to take acknowledgments of conveyances of
real estate or to administer oaths in proof of the execution of conveyances
of real estate. Such acknowledgments are to be attested by the official seal,
if any, of such court or officer, and in case such acknowledgment or proof
is taken or made before a court or officer having no official seal, a
certificate shall be added by an ambassador, minister, secretary of
legation, consul, vice consul, deputy consul, commercial agent or consular
agent of the United States residing in such republic, dominion, state,
kingdom, empire, colony, territory, or dependency under his official seal,
showing that such court or officer was duly elected, appointed or created
and acting at the time such acknowledgment or proof was made.
4. Any person serving in or with the armed forces of the United
States, within or outside of the United States, and the spouse or former
spouse of any such person, may acknowledge the instruments wherever located
before any commissioned officer in active service of the armed forces of
the United States with the rank of Second Lieutenant or higher in the Army,
Air Force or Marine Corps, or Ensign or higher in the Navy or United States
Coast Guard. The instrument shall not be rendered invalid by the failure to
state therein the place of execution or acknowledgment. No authentication
of the officer's certificate of acknowledgment shall be required and such
certificate need not be attested by any seal but the officer taking the
acknowledgment shall indorse thereon or attach thereto a certificate
substantially in the following form:
On (insert date), the undersigned officer, personally
appeared before me, known to me (or satisfactorily proven)
to be serving in or with the armed forces of the United States (and/or the
spouse or former spouse of a person so serving) and to be the person whose
name is subscribed to the instrument and acknowledged that .... he ....
executed the same as .... free and voluntary act for the purposes therein
contained, and the undersigned further certifies that he is at the date
of this certificate a commissioned officer of the rank stated below and is
in the active service of the armed forces of the United States.
............................... Signature of Officer ............................... Rank of Officer and Command to which attached.
5. All deeds or other instruments or copies of the record thereof
duly certified or proven which have been acknowledged or proven prior to
August 30, 1963, before either of the courts or officers mentioned in
this Act and in the manner herein provided, shall be deemed to be good and
effectual in law and the same may be introduced in evidence without further
proof of their execution, with the same effect as if this amendatory Act of
1963 had been in force at the date of such acknowledgment or proof.
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 5/22) (from Ch. 30, par. 21)
Sec. 22.
Where any deed, conveyance or power of attorney has been or may be
acknowledged or proved in any foreign state, kingdom, empire or country,
the certificate of any consul or minister of the United States in said
country, under his official seal, that the said deed, conveyance, or power
of attorney is executed in conformity with such foreign law shall be deemed
and taken as prima facie evidence thereof: Provided, that any other legal
mode of proving that the same is executed in conformity with such foreign
law may be resorted to in any court in which the question of such execution
or acknowledgment may arise.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/23) (from Ch. 30, par. 22)
Sec. 23.
All deeds, conveyances and powers of attorney, for the conveyance
of lands lying in this state, which have been or may be acknowledged or
proved and authenticated as aforesaid or in conformity with the laws of any
foreign state, kingdom, empire or country, shall be deemed as good and
valid in law as though acknowledged or proved in conformity with the
existing laws of this state.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/24) (from Ch. 30, par. 23)
Sec. 24.
No judge or other officer shall take the acknowledgment of any
person to any deed or instrument of writing, as aforesaid, unless the
person offering to make such acknowledgment shall be personally known to
him to be the real person who and in whose name such acknowledgment is
proposed to be made, or shall be proved to be such by a credible witness,
and the judge or officer taking such acknowledgment shall, in his
certificate thereof, state that such person was personally known to him to
be the person whose name is subscribed to such deed or writing, as having
executed the same, or that he was proved to be such by a credible witness
(naming him), and on taking proof of any deed or instrument of writing, by
the testimony of any subscribing witnesses, the judge or officer shall
ascertain that the person who offers to prove the same is a subscribing
witness, either from his own knowledge, or from the testimony of a credible
witness; and if it shall appear from the testimony of such subscribing
witness that the person whose name appears subscribed to such deed or
writing is the real person who executed the same, and that the witness
subscribed his name as such, in his presence and at his request, the judge
or officer shall grant a certificate, stating that the person testifying as
subscribing witness was personally known to him to be the person whose name
appears subscribed to such deed, as a witness of the execution thereof, or
that he was proved to be such by a credible witness (naming him), and
stating the proof made by him; and where any grantor or person executing
such deed or writing, and the subscribing witnesses, are deceased or cannot
be had, the judge or officer, as aforesaid, may take proof of the
handwriting of such deceased party and subscribing witness or witnesses (if
any); and the examination of a competent and credible witness, who shall
state on oath or affirmation that he personally knew the person whose
handwriting he is called to prove, and well knew his signature (stating his
means of knowledge), and that he believes the name of such person
subscribed to such deed or writing, as party or witness (as the case may
be), was thereto subscribed by such person; and when the handwriting of the
grantor or person executing such deed or writing, and of one subscribing
witness (if any there be), shall have been proved, as aforesaid, or by
proof of signature of grantor where there is no subscribing witness, the
judge or officer shall grant a certificate thereof stating the proof
aforesaid.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/25) (from Ch. 30, par. 24)
Sec. 25.
If any grantor shall not have duly acknowledged the execution of
any deed or instrument entitled to be recorded, and the subscribing witness
or witnesses be dead, or not to be had, it may be proved by evidence of the
handwriting of the grantor, and of at least one of the subscribing
witnesses, which evidence shall consist of the testimony of two or more
disinterested persons swearing to each signature.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/26) (from Ch. 30, par. 25)
Sec. 26.
A certificate of acknowledgment, substantially in the following
form, shall be sufficient:
State of (name of state), ) ) ss.County of (name of county).)
I (here give name of officer and his official title) certify that (name of
grantor, and if acknowledged by the spouse, his or her name, and add "his or
her spouse") personally known to me to be the same person whose name is (or
are) subscribed to the foregoing instrument, appeared before me this day in
person, and acknowledged that he (she or they) signed and delivered the
instrument as his (her or their) free and voluntary act, for the uses and
purposes therein set forth.
Dated (insert date).
(Signature of officer).
(Seal).
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 5/27) (from Ch. 30, par. 26)
Sec. 27.
No deed or other instrument shall be construed as releasing or
waiving the right of homestead, unless the same shall contain a clause
expressly releasing or waiving such right. And no release or waiver of the
right of homestead by the husband or wife shall bind the other spouse
unless
such other spouse joins in such release or waiver.
(Source: P.A. 80-346.)
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(765 ILCS 5/28) (from Ch. 30, par. 27)
Sec. 28.
Deeds, mortgages, powers of attorney, and other instruments
relating to or affecting the title to real estate in this state, shall be
recorded in the county in which such real estate is situated; but if such
county is not organized, then in the county to which such unorganized
county is
attached for judicial purposes. No deed, mortgage, assignment of
mortgage, or other instrument relating to or affecting the title to real
estate in this State may include a provision prohibiting the recording of
that instrument, and any such provision in an instrument signed after the
effective date of this amendatory Act shall be void and of no force and
effect.
(Source: P.A. 89-160, eff. 7-19-95.)
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(765 ILCS 5/28b) (from Ch. 30, par. 27b)
Sec. 28b.
Whenever a power of attorney relating to or affecting real estate in
this State, executed by a person who is in the service or employment of the
Federal Government and who is reported by the Federal Government or an
agency or department thereof as lost, missing, missing in action or being
held incommunicado or imprisoned in any foreign country, shall be recorded
in the county in which such real estate is situated, together with an
affidavit, executed by the attorney-in-fact or agent, setting forth that he
has not or had not, at the time of doing any act pursuant to the power of
attorney, received actual knowledge or actual notice of revocation or
termination of the power of attorney, by death or otherwise, or notice of
any facts, indicating the same, any person dealing in good faith with the
person named in such power of attorney, so recorded, as agent or attorney
in fact in any transaction within the powers expressed in such power of
attorney shall not be required to ascertain whether or not the person who
executed such power of attorney be then living, and any bona fide purchaser
for value who accepts a deed, mortgage, lease, or other instrument relating
to or affecting real estate in this State, executed by the person named as
agent or attorney in fact in the power of attorney so recorded, pursuant to
the powers expressed in such power of attorney and in the name of the
principal, shall be protected against any claim that such power of
attorney, so relied upon, had been terminated by the death of the principal
or had been otherwise revoked, unless prior to the execution and delivery
of such deed, mortgage, lease, or other instrument there shall have been
filed in the office of the recorder of the county where the power
of attorney is recorded, (1) an instrument duly executed and acknowledged,
revoking the powers contained in the power of attorney, or (2) an affidavit
in proof of the death of the person who executed such power of attorney.
For the purposes of this Section the term "bona fide purchaser" shall be
deemed to include "bona fide mortgagee".
No report or listing, either official or otherwise, of "missing" or
"missing in action", as such words are used in military parlance, shall
constitute or be interpreted as constituting actual knowledge or actual
notice of the death of such principal or notice of any facts indicating the
same, or shall operate to revoke the agency.
(Source: P.A. 83-358.)
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(765 ILCS 5/29) (from Ch. 30, par. 28)
Sec. 29.
Where an original deed, mortgage or other instrument relating to
or affecting the title to real estate, having tracts of land therein
described lying in different counties, has been or may hereafter be
recorded in any of such counties, it shall be lawful to record a certified
copy of such deed or other instrument in counties where the original has
not been recorded; and the recording of such certified copy heretofore or
hereafter shall be notice in the same manner that the filing and the
recording of the original would be, and copies from such records shall be
prima facie evidence to the same extent as if the original had been so
recorded.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/30) (from Ch. 30, par. 29)
Sec. 30.
All deeds, mortgages and other instruments of writing which are
authorized to be recorded, shall take effect and be in force from and after
the time of filing the same for record, and not before, as to all creditors
and subsequent purchasers, without notice; and all such deeds and title
papers shall be adjudged void as to all such creditors and subsequent
purchasers, without notice, until the same shall be filed for record.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/31) (from Ch. 30, par. 30)
Sec. 31.
Deeds, mortgages and other instruments of writing relating to real
estate shall be deemed, from the time of being filed for record, notice to
subsequent purchasers and creditors, though not acknowledged or proven
according to law; but the same shall not be read as evidence, unless their
execution be proved in manner required by the rules of evidence applicable
to such writings, so as to supply the defects of such acknowledgment or
proof.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/31.5)
Sec. 31.5.
Assignment of rents; perfection.
(a) In this Section:
"Assigning" includes granting, pledging, transferring, conveying, or
assigning an interest in rents.
"Assignment" includes grants, pledges, transfers, conveyances, or assignments
of an interest in rents.
"Assignor" or "assignee" includes, respectively: (i) grantor or grantee; (ii)
pledgor or pledgee; (iii) transferor or transferee; (iv) conveyor or conveyee;
(v) lender or borrower; and (vi) assignor or assignee. "Assignor" also means a
lessor or sublessor.
"Instrument" includes any written deed, grant, mortgage, deed or trust,
lease, assignment, release, or any other writing pertaining to land or real
property or any interest therein or appurtenant thereto, including an interest
in rents.
"Rents" means all items that constitute leases, rents, and profits arising
from real property under applicable State law.
(b) If an instrument assigning the interest of the assignor in rents arising
from the real property described in the instrument is recorded, pursuant to
this Act, in the county in which the real property is situated, then the
interest of the assignee in those rents is perfected upon that recordation
without the assignee taking any other affirmative action.
The recordation is constructive notice to subsequent purchasers, creditors,
and third parties of the content and effect of the assignment with the same
force and effect as any other duly recorded instrument or conveyance of an
interest in real property under Sections 30 and 31 of this Act.
From the time of the recordation, the assignee has a superior claim to the
rents that are subjected to the assignment, as against all parties whose claims
or interests arise or are perfected thereafter.
(c) This Section applies whether the assignment is absolute, conditional, or
intended as security.
(d) Unless otherwise agreed to by the parties, the mere recordation of an
assignment does not affect who is entitled, as between the assignor and the
assignee, to collect or receive rents until the assignee enforces the
assignment under applicable law.
(e) The fact that the assignee may permit the assignor to collect rents
under
the terms of an assignment does not affect the validity, enforceability, or
priority of an assignment perfected in the manner set forth in subsection
(b).
(Source: P.A. 89-39, eff. 1-1-96.)
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(765 ILCS 5/32) (from Ch. 30, par. 31)
Sec. 32.
All deeds which may be executed by any administrator, executor,
guardian, commissioner, sheriff, or other officer, of any real
estate sold in pursuance of any judgment upon being
acknowledged or proved before any officer authorized to take acknowledgment
or proof of deeds, and certified as other deeds, shall be admitted to
record in the county where the real estate sold is situated.
(Source: P.A. 83-706.)
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(765 ILCS 5/33) (from Ch. 30, par. 32)
Sec. 33.
All original wills duly proved, or copies thereof duly certified,
according to law, and exemplifications of the record of foreign wills made
in pursuance of the law of congress in relation to records in foreign
states, may be recorded in the same office where deeds and other
instruments concerning real estate may be required to be recorded; and the
same shall be notice from the date of filing the same for record as in
other cases, and certified copies of the record thereof shall be evidence
to the same extent as the certified copies of the record of deeds.
(Source: Laws 1871-2, p. 282.)
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(765 ILCS 5/35) (from Ch. 30, par. 34)
Sec. 35.
Every deed, mortgage, power of attorney, conveyance, or other
writing, of or concerning any lands, tenements or hereditaments, which, by
virtue of this act, shall be required or entitled to be recorded as
aforesaid, being acknowledged or proved according to the provisions of this
act, whether the same be recorded or not, may be read in evidence without
any further proof of the execution thereof; and if it shall appear to the
satisfaction of the court that the original deed, so acknowledged or proved
and recorded, is lost or not in the power of the party wishing to use it,
the record, or a transcript thereof, certified by the recorder in whose
office the same may be recorded, may be read in evidence, in any court of
this state, without further proof thereof; provided that if said deed,
mortgage, power of attorney, conveyance, or other writing, or the
acknowledgment thereto shall recite that the grantors therein sealed said
instrument but the record of such instrument in the recorder's office fails
to show the seal of said grantors, it will be presumed that said instrument
was properly sealed and that the omission of such seal arose in the
transcription thereof in the recorder's office.
(Source: Laws 1941, vol. 1, p. 416.)
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(765 ILCS 5/35a) (from Ch. 30, par. 34a)
Sec. 35a.
Whenever a deed shall recite, either in the body of the said deed
or in the acknowledgment thereto, that said deed was sealed by the grantors
therein, such recital shall be deemed to constitute an adoption by said
grantors of any seal appearing on said instrument, including the seal of
the notary public or other officer taking such acknowledgment, as their
private seal, and shall constitute such instrument a sealed instrument.
(Source: Laws 1941, vol. 1, p. 416.)
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(765 ILCS 5/35b) (from Ch. 30, par. 34b)
Sec. 35b.
All deeds or mortgages heretofore irregularly executed by the
omission of a seal are validated and made effective as though such omitted
seal had been affixed.
(Source: Laws 1941, vol. 1, p. 416.)
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(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 acknowledged by a notary public appointed and commissioned by the Secretary of State or by one of the courts or officers designated in Section 20 of this Act. Failure to comply with this provision 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 | ||
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b. The bearing of the described course relative to | ||
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c. The relationship of the described course to a | ||
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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. 94-821, eff. 1-1-07.)
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(765 ILCS 5/35d)
Sec. 35d.
Execution; permanent index number.
In a county with 3,000,000 or more inhabitants, whenever any deed or instrument
of conveyance is executed, the grantor of residential property shall provide
the grantee of the property with an individual permanent index number or
numbers that specifically represent the legal description provided for in the
deed or instrument of conveyance. If the individual permanent index number or
numbers do not specifically
represent the legal description in the deed or instrument of conveyance,
the grantor shall provide one of the following:
(1) proof that a proper application for division | ||
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(2) a recorded plat of subdivision that would result | ||
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(3) a recorded condominium declaration that would | ||
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If the grantor fails to provide the grantee with either a permanent index
number or numbers that represent the legal description found in the
deed or instrument of conveyance or one of the documents listed in subdivision
(1), (2), or (3), the grantor shall be personally liable to the grantee for
taxes pursuant to
Section 1-145 of the Property Tax Code and attorney's fees.
The grantor's liability shall continue to accrue until the permanent index
number or numbers that represent the legal description found in the
deed or instrument of conveyance or one of the documents listed in subdivision
(1), (2), or (3) is delivered to the grantee. The grantor's failure to provide
the permanent index number or numbers shall not invalidate the deed or
instrument of conveyance. A receipt from the county
assessor confirming that a proper application has been filed and that it meets
the requirements set by
the county assessor shall be deemed to be evidence of proper application for
division.
(Source: P.A. 92-450, eff. 8-21-01.)
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(765 ILCS 5/36) (from Ch. 30, par. 35)
Sec. 36.
Whenever upon the trial of any cause in this
state, any party to the cause, or his or her agent or attorney
in his or her behalf,
shall, orally in court, or by affidavit to be filed in the cause, state
under oath that the original of any deed, conveyance or other
writing, of or concerning lands, tenements and hereditaments, which shall
have been or may hereafter be acknowledged or proved according to
the laws of this State, and which by virtue of any of the laws of this
state, shall be required or be entitled to be recorded, is lost, or not in
the power of the party wishing to use it on the trial of any such cause,
and that to the best of his or her knowledge the original deed was not
intentionally destroyed or in any manner disposed of for the purpose of
introducing a copy thereof in place of the original, the record of such
deed, conveyance or other writing, or a transcript of the record thereof,
certified by the recorder in whose office the same may have been or may
hereafter be recorded, may be read in evidence in any court in this state,
with like effect as though the original of such deed, conveyance or other
writing was produced and read in evidence.
(Source: P.A. 83-345.)
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(765 ILCS 5/37) (from Ch. 30, par. 36)
Sec. 37.
All affidavits required to be made and produced under the
foregoing section, may be made in any county in this state, before any
officer authorized by the laws of this state to administer oaths and
affirmations, and may also be made out of this state, before any judge,
clerk of a court, notary public, or commissioner appointed under the laws
of the state of Illinois to take acknowledgments of deeds and administer
oaths and affirmations, and certified to by the said officer, under his
seal of office, if such officer have an official seal; but if taken and
certified by any officer who does not require or use an official seal, the
certificate of the proper clerk or other officer of the official character
of the person certifying to such oath or affirmation shall also be produced
with such affidavit and certificate.
(Source: Laws 1965, p. 3396.)
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(765 ILCS 5/38) (from Ch. 30, par. 37)
Sec. 38.
The term "real estate," as used in this Act, shall be construed as
co-extensive in meaning with "lands, tenements and hereditaments," and as
embracing all chattels real. "Real estate" and "real property" include a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. This Act shall not be construed so as to
embrace last wills, except as herein expressly provided.
(Source: P.A. 98-749, eff. 7-16-14.)
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(765 ILCS 5/38a) (from Ch. 30, par. 37 1/4)
Sec. 38a.
Whenever the owner of any real estate situated as hereinafter set
forth, shall have received by judgment, settlement, or compromise, payment
or satisfaction for permanent or continuing injuries or damages to said
real estate, because or on account of any nuisance of the kind hereinafter
described, then whoever shall hereafter acquire by any means, any interest,
either in fee simple, for life, for years, or for any lesser term, in any
real estate contiguous or in proximity to any nuisance, or which is
affected by the maintenance or operation of any instrumentality whereby the
nuisance is caused or is existing, shall be deemed to acquire such interest
in such real estate subject to such nuisance as it exists at the time of
the acquisition of such interest, and shall not maintain any civil action,
for or on account of any such injury or damages satisfied as above.
(Source: P.A. 79-1360.)
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(765 ILCS 5/38b) (from Ch. 30, par. 37 1/2)
Sec. 38b.
The invalidity of any portion of section 38a shall not
affect the validity of any other portion thereof which can be given
effect without such invalid part.
(Source: Laws 1933, p. 298.)
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(765 ILCS 5/38c)
Sec. 38c.
(Repealed).
(Source: P.A. 91-326, eff. 1-1-00. Repealed by P.A. 92-225, eff. 8-2-01.)
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(765 ILCS 5/39) (from Ch. 30, par. 37a)
Sec. 39.
Every mortgage or trust deed in the nature of a mortgage shall, as
to lands not registered under the provisions of an act entitled "An Act
Concerning Land Titles," approved and in force May 1, 1897, as subsequently
amended, from the time it is filed of record, and in the case of lands
registered under the provisions of said act entitled "An Act Concerning
Land Titles," approved and in force May 1, 1897, as subsequently amended,
from the time it is registered, or from the time of the filing of a caveat
as provided in said Act, be a lien upon the real estate thereby conveyed
situated in the county in which such instrument is recorded or registered,
for all monies advanced or applied or which may at any time thereafter be
advanced or applied thereunder on account of the principal indebtedness
which such mortgage or trust deed shall purport to secure and including
such other monies which may at any time be advanced or applied as are
authorized by the provisions of such mortgage or trust deed or as are
authorized by law; provided, that as to subsequent purchasers and judgment
creditors, every such mortgage or trust deed shall, as to the monies
advanced or applied thereunder on account of the principal indebtedness
evidenced by the notes, bonds or other instruments therein described and
thereby secured, be a lien only from the time such monies are advanced or
applied, unless such monies are advanced or applied within 18
months
after the date of such recording or registration, or filing of such caveat,
or unless the mortgagee is by contract obligated to make such advances or
applications, and provided further, that nothing in this Act contained
shall affect any lien arising or existing by virtue of the Mechanics Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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