Residential Real Property Transactions
This lesson applies to every notarial act in Illinois involving a document of conveyance that transfers or purports to transfer title to residential real property located in Cook County.
A “Document of Conveyance” is a written instrument that transfers or purports to transfer title effecting a change in ownership to Residential Real Property, excluding:
“Residential Real Property” means a building or buildings located in Cook County, Illinois, and containing one to 4 dwelling units or an individual residential condominium unit.
A commissioned and appointed notary must create a Notarial Record of each notarial act performed in connection with a Document of Conveyance. The Notarial Record must contain:
If a notarial act is performed by a notary who is a principal, employee, or agent of a Title Insurance Company, Title Insurance Agent, Financial Institution, or attorney at law, the notary must deliver the original Notarial Record to the notary’s employer or principal within 14 days after the performance of the notarial act for retention for a period of 7 years as part of the employer’s or principal’s business records.
In the event of a sale or merger of any of the foregoing entities or persons, the successor or assignee of the entity or person will assume the responsibility to maintain the Notarial Record for the balance of the 7-year business records retention period.
Liquidation or other cessation of activities in the ordinary course of business by any of the foregoing entities or persons shall relieve the entity or person from the obligation to maintain Notarial Records after delivery of Notarial Records to the Recorder of Deeds of Cook County, Illinois.
If a notarial act is performed by a notary who is not a principal, employee, or agent of a Title Insurance Company, Title Insurance Agent, Financial Institution, or attorney at law, the notary must deliver the original Notarial Record within 14 days after the performance of the notarial act to the Recorder of Deeds of Cook County, Illinois for retention for a period of 7 years, accompanied by a filing fee of $5.
The Notarial Record must be created and maintained for each person whose signature is the subject of a notarial act regarding a Document of Conveyance and must be in substantially the following form:
NOTARIAL RECORD – RESIDENTIAL REAL PROPERTY TRANSACTIONS
The undersigned grantor hereby certifies that the real property identified in this Notarial Record is Residential Real Property as defined in the Illinois Notary Public Act.
Grantor’s (Signer’s) Printed Name:
Grantor’s (Signer’s) Signature:
Grantor’s (Signer’s) Residential Street Address, City, State, and Zip:
Type or Name of Document of Conveyance:
PIN No. of Residential Real Property:
Common Street Address of Residential Real Property:
Thumbprint or Fingerprint:
Description of Means of Identification:
Name of Notary Printed:
Notary Phone Number:
Commission Expiration Date:
Residential Street Address of Notary, City, State, and Zip:
Name of Notary’s Employer or Principal:
Business Street Address of Notary’s Employer or Principal, City, State, and Zip:
No copies of the original Notarial Record may be made or retained by the Notary. The Notary’s employer or principal may retain copies of the Notarial Records as part of its business records, subject to applicable privacy and confidentiality standards.
The failure of a notary to comply with these procedures will not affect the validity of the Residential Real Property transaction in connection to which the Document of Conveyance is executed, in the absence of fraud.
The Notarial Record containing the thumbprint or fingerprint shall be made available or disclosed only upon receipt of a subpoena duly authorized by a court of competent jurisdiction. Such Notarial Record or other medium shall not be subject to disclosure under the Freedom of Information Act, and shall not be made available to any other party, other than a party in succession of interest to the party maintaining the Notarial Record.
In the event there is a breach in the security of a Notarial Record maintained by the Recorder of Deeds of Cook County, Illinois, the Recorder shall notify the person identified as the “signer” in the Notarial Record at the signer’s residential street address set forth in the Notarial Record. The notification shall be in writing and made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable security, confidentiality, and integrity of the Recorder’s data system.