Posted by John Schenk on 6/3/09 4:05pm
Msg #291024
New Notary Rules for Cook County Illinois
Get ready, folks. This is probably coming to a venue near YOU!
JJ
Notary Public Act Amendments Effective June 1, 2009
• Public Act 95-0988 - (SB 546), amends the Illinois Notary Public Act. The
Act is effective June 1, 2009, and its provisions are repealed July 1, 2013.
The Amendments apply to any person appointed and commissioned as an
Illinois notary public.
• The Act has two parts. First, it requires an Illinois notary to create a
Notarial Record (see below) including thumbprint for every grantor whose
signature is to be notarized on transfers of Cook County Residential Real
Property, subject to the exceptions specified below. Second, the Act
defines satisfactory evidence of identification to be examined by all Illinois
notaries when notarizing any document.
THE NOTARIAL RECORD
• The Act requires an Illinois notary public to create a Notarial Record when
notarizing any Document of Conveyance of Cook County Residential Real
Property, subject to the exempted transactions listed below. “Residential
Real Property” is defined as a building or buildings located in Cook
County, Illinois and containing one to four dwelling units or an individual
residential condominium unit. A separate Notarial Record must be
created for each person whose signature is the subject of a notarial act on
a Document of Conveyance for Cook County Residential Real Property.
• The Notarial Record must include the thumbprint or fingerprint of the
grantor (including grantors acting as agents under a power of attorney), as
well as a description of the identification documentation presented as
evidence of the grantor’s identity.
• 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 shall deliver the original Notarial
Record to the notary’s employer within 14 days after the performance of
the notarial act for retention for a period of 7 years as part of the
employer’s business records
• Independent notaries, those not a principal, employee, or agent of a Title
Insurance Company, Title Insurance Agent, Financial Institution, or
attorney at law, are required to deliver the original Notarial Record to the
Recorder of Deeds of Cook County within 14 days after the performance
of the notarial act accompanied by a $5 filing fee. In that instance, the
Created by Patrick Quist for Chicago Title Insurance Company
Notarial Record will be retained by the Recorder of Deeds of Cook County
for 7 years.
• Notaries are permitted to charge a fee, up to $25, for any notarial act
which requires a Notarial Record.
• The Notary shall not make copies of or retain an original Notarial Record.
• The Act includes a statutory Notarial Record form. A sample Notarial
Record is attached.
• The failure of a notary to comply with the Notarial Record procedure set
forth in the Act will not affect the validity of the Document of Conveyance,
in the absence of fraud.
• The Notarial Record cannot be disclosed except upon receipt of a
subpoena duly authorized by a court of competent jurisdiction. The
Notarial Record is not subject to disclosure under the Freedom of
Information Act and shall not be made available to any other party.
• There are seven types of transactions that are exempted:
(i) court-ordered and court-authorized conveyances of
Residential Real Property;
(ii) judicial sale deeds relating to Residential Real Property;
(iii) deeds transferring ownership of Residential Real Property to
a trust where the beneficiary is also the grantor;
(iv) deeds from grantors to themselves that are intended to
change the nature or type of tenancy by which they own
Residential Real Property;
(v) deeds from a grantor to the grantor and another natural
person that are intended to establish a tenancy by which the
grantor and the other natural person own Residential Real
Property;
(vi) deeds executed to the mortgagee in lieu of foreclosure of a
mortgage; and
(vii) deeds transferring ownership to a revocable or irrevocable
grantor trust where the beneficiary includes the grantor.
Created by Patrick Quist for Chicago Title Insurance Company
SATISFACTORY EVIDENCE OF IDENTIFICATION
• The Act now defines satisfactory evidence of identification to be examined
by all Illinois notaries when notarizing any document, (including any deed,
mortgage, power of attorney, mechanics lien waiver, etc.).
• The Statute (5 ILCS 312/6-102(d)) provides: A notary public has
satisfactory evidence that a person is the person whose true signature is
on a document if that person: …
(3) is identified on the basis of identification documents. Until July
1, 2013, identification documents are documents that are valid at
the time of the notarial act, issued by a state or federal government
agency, and bearing the photographic image of the individual’s face
and signature of the individual.
• The statutory requirement of satisfactory evidence of identification applies
to the notarization of any and all documents by an Illinois notary public –
not just Documents of Conveyance for Cook County Residential Real
Property requiring a Notarial Record. The definition of satisfactory
evidence remains in effect until July 1, 2013.
Should you have questions regarding these amendments, please contact your
local Chicago Title office.
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Reply by Lee/AR on 6/3/09 4:17pm
Msg #291029
Ya' know--I can't see this working out very well. The more I see of other states (county, in this case) stips, the better I like Arkansas. We have a handbook, fees aren't the greatest, but $5/pop is not WI 50 cents, I have a wallet card and my SOS answers questions and they hold 1 1/2 hours 'training seminars' all around the state every Spring...for free, renew every 10 (yep, TEN) years. Before y'all decide to move here---there is no big population and not much business because of that...less people in Arkansas than city of Chicago (my reference point & where I'm gratefully from.)
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