Posted by SANDRA FREEMAN on 7/21/09 10:01am
Msg #296693

FOR COOK COUNTY IL NOTARIES

I need help with the new cook county notary law. The law states that the notarial record can be recorded with out the deed and can be recorded at Bridgeview. I went to recored the document in Bridgeview and was told by clerk that this docoument have to be recorded downtown and that it must be recoreded with the mortgage. Have anyone had any problem getting this recorded?

Reply by FAN_IL on 7/21/09 10:24am
Msg #296695

Last month I did a signing for people selling their home and moving out of town so they couldn't be at the closing. The deed, power of attorney for their lawyer, etc. all went to their attorney so the documents could be presented at the actual closing.

The Cook County Recorder's office told me to send in my notarial record to their downtown office separately w/ a $5 check to Certified Copy Dept.; Attn: Rachel Harris, 118 N. Clark St., Room 120, Chicago, IL 60602-1307. They said I could not submit the notarial record to the Recorder's Office at any other location. You can call their fraud hotline @ 312-603-5053 if you have any questions.

As far as I know, everything recorded w/o any problems.

Reply by Linda_H/FL on 7/21/09 10:27am
Msg #296698

Re: FOR COOK COUNTY IL NOTARIES...I have a question

and I'm not in IL (obviously) but I'm curious - who's assuming the cost of recording this notarial record you folks have to have recorded?? Have eyou bumped up your fees for this?

Reply by FAN_IL on 7/21/09 10:33am
Msg #296699

Re: FOR COOK COUNTY IL NOTARIES...I have a question

If you're closing for a title company, presumably they assume the recording fee. I was hired and paid directly by the sellers, and then I paid the recording fee when I filed the notarial record.

Reply by Kay/IL on 7/21/09 10:48am
Msg #296701

Re: FOR COOK COUNTY IL NOTARIES...I have a question

By law, notaries can charge an additional $25.00 for preparing a notarial record. And I have informed some of the signing and title companies that I contract with about this fee in the event a quitclaim deed conveying interest is "slipped" into a refi package I'm handling.

Reply by SANDRA FREEMAN on 7/21/09 11:03am
Msg #296705

Re: FOR COOK COUNTY IL NOTARIES...I have a question

Kay, When they slipped a quit claim deen in, what did you do/did you charge additional fee?

Reply by Kay/IL on 7/21/09 1:19pm
Msg #296730

Re: FOR COOK COUNTY IL NOTARIES...I have a question

First, I'll take a look at the deed and see whether it actually conveys interest to someone other than the borrower, or if it just corrects the current deed of record. If it is the former, I'll call the signing service or title company, explain the situation and let them know that a Cook County Notarial Record (which includes fingerprinting) is required and, by law, this would require an additional $25.00 to the tab and to send me something in writing confirming the additional fee. If it's the latter (name was misprinted on the current deed of record, a divorcee wants the deed to reflect her maiden name, the property is being transferred from a trust to the beneficiary of the trust, or simply, in instances where there is no conveyance to another party), then a notarial record is not necessary.

One of my client companies had begun including with their packages 2-3 notarial records for completion whether or not a deed was inside. I had to explain to them how it works in Cook County and the additional fee if they really needed me to provide this service. After discussion, we agreed to do the notarial records on an as needed basis to streamline work and keep fees reasonable (of course).

Reply by SANDRA FREEMAN on 7/21/09 10:51am
Msg #296702

Thanks Fan_IL. I will send my Notarial Record to Rachel Harris for recording

Reply by Bob_Chicago on 7/21/09 1:19pm
Msg #296729

Just to be clear, the QC Deed, that we, as NSAs, normally

see in a re-fi pkg (eg . Adding spouse to title, changing name of owner
to married name, etc. etc. ) does NOT rquire that the new form be
filled out,secure thumb print, signed OR recorded with anyone.
It generally is only applicable in the event of an actual sale to
someone other than the current owners.
Not legal advice, yada , yada.