There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 55 ILCS 5/ Counties Code. Division 3-5 - Recorder
(55 ILCS 5/3‑5001) (from Ch. 34, par. 3‑5001)
Sec. 3‑5001.
County clerk as recorder; election of recorder.
The county clerk in counties having a population of less than
60,000 inhabitants shall be the recorder in his county.
In counties having a population of 60,000 or more inhabitants, there
shall be elected a recorder, as provided by law, who shall hold
his office until his successor is qualified.
If the population of any county in which a recorder has been elected
decreases to less than 60,000, the voters of that county shall continue to
elect a recorder if the county board adopts a resolution to continue the
office of an elected recorder.
(Source: P.A. 86‑962; 86‑1028.)
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(55 ILCS 5/3‑5002) (from Ch. 34, par. 3‑5002)
Sec. 3‑5002.
Bond.
Every recorder, whether elected as such or
holding the office of recorder in addition to the office of county clerk as
hereinbefore provided, shall, before entering upon the duties of his or her
office, give bonds (or, if the county is self‑insured, the county through its
self‑insurance program may provide bonding), with sufficient security to be
approved by the circuit court, payable to the People of the State of Illinois,
in the penal sum of $10,000 (except that in counties having a population of
60,000 or more inhabitants the penalty of the bond shall be $20,000),
conditioned for the faithful discharge of his or her duties, and to deliver up
all papers, books, records and other things appertaining to his or her office,
whole, safe and undefaced, when lawfully required so to do ‑ which bond shall
be filed in the office of the Secretary of State, and a copy thereof filed of
record in the court.
(Source: P.A. 88‑387.)
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(55 ILCS 5/3‑5003) (from Ch. 34, par. 3‑5003)
Sec. 3‑5003.
Oath.
Each recorder, before entering upon the duties of
his office, shall take and subscribe to the oath or affirmation prescribed
by Section 3, Article XIII of the Constitution, which shall be filed with
the county clerk.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5004) (from Ch. 34, par. 3‑5004)
Sec. 3‑5004.
Commencement of duties.
The recorder shall enter upon
the duties of his office on the first day in the month of December
following his election on which the office of the recorder is required, by
statute or by action of the county board, to be open. He shall be
commissioned by the Governor.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5005) (from Ch. 34, par. 3‑5005)
Sec. 3‑5005.
Functions, powers and duties of recorder.
The functions
and powers of the recorders shall be uniform in the various counties of
this State. The recorder has those functions, powers and duties as provided
in the Sections following this Section and preceding Section 3‑5006.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5005.1) (from Ch. 34, par. 3‑5005.1)
Sec. 3‑5005.1.
Appointment of deputies, assistants and personnel.
The recorder shall appoint his deputies, assistants and personnel to assist
him in the performance of his duties.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5005.2) (from Ch. 34, par. 3‑5005.2)
Sec. 3‑5005.2.
Internal operations of office.
The recorder
shall have the right to control the internal
operations of his office; to procure necessary equipment, materials and
services to perform the duties of his office. The Recorder shall have the
right to select the computer or micrographic system to be used for document
storage and retrieval. The Recorder may retain the services of management
or consulting firms to establish or maintain such a system.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5005.3) (from Ch. 34, par. 3‑5005.3)
Sec. 3‑5005.3.
Monthly report of financial status.
The recorder
shall file a monthly report with the county clerk summarizing the financial
status of his office in such form as shall be determined by the county board.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5005.4) (from Ch. 34, par. 3‑5005.4)
Sec. 3‑5005.4.
Deposit of fee income; special funds.
The recorder
shall deposit in the office of the county treasurer monthly by the 10th day
of the month following, all fee income. The recorder may maintain the
following special funds from which the county board shall authorize payment
by voucher between board meetings:
(a) Overpayments.
(b) Reasonable amount needed during the succeeding accounting period to
pay office expenses, postage, freight, express or similar charges.
(c) Excess earnings from the sale of revenue stamps to be maintained in
a fund to be used for the purchase of additional stamps from the Illinois
Department of Revenue.
(d) Fund to pay necessary travel, dues and other expenses incurred in
attending workshops, educational seminars and organizational meetings
established for the purpose of providing in‑service training.
(e) Trust funds and for such other purposes as may be provided for by
law.
(f) Such other funds as may be authorized by the county board.
The recorder shall make accounting monthly to the county board
through the county clerk of all special funds maintained by him in the
discharge of his duties.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5005.5) (from Ch. 34, par. 3‑5005.5)
Sec. 3‑5005.5.
Compensation of deputies and employees.
Compensation of deputies and employees shall be fixed by the recorder
subject to budgetary limitations established by the county board.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5006) (from Ch. 34, par. 3‑5006)
Sec. 3‑5006.
Appointment of deputies in writing.
Appointments of deputies shall be in writing, and entered upon the
records of his office.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5007) (from Ch. 34, par. 3‑5007)
Sec. 3‑5007.
Oath of deputies.
Each deputy shall, before entering
upon the duties of his office, take and subscribe an oath or affirmation,
in like form as is required of the recorder, which shall be filed in the
office of the recorder.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5008) (from Ch. 34, par. 3‑5008)
Sec. 3‑5008.
Powers of deputies.
Deputy recorders duly appointed
and qualified may perform any and all duties of the recorder in the name of
the recorder, and the acts of such deputies shall be held to be the acts of
the recorder, and in case of the death of the recorder or his deposition
from office, the chief deputy shall thereupon become the acting recorder
until such vacancy shall be filled according to The Election Code, and he
shall file a like bond and be vested with the same powers and subject to
the same responsibilities and entitled to the same compensation as in case
of recorder. Provided, that if the recorder is called into the active
military service of the United States, his office shall not be deemed to be
vacant during the time he is in the active military service of the United
States, but during the time he is in such active military service of the
United States the deputy recorder shall be the recorder, and shall perform
and discharge all of the duties of the recorder in such county, and shall
be paid the same compensation as provided by law for the recorder of the
county, apportioned as to the time of service, and such deputy recorder
shall cease to be the recorder upon the discharge of said recorder from the
active military service of the United States; and provided further, that
the deputy recorder, upon becoming the temporary recorder during the
absence of the recorder in the active military service of the United
States, shall give bond as required of a regularly elected recorder.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5009) (from Ch. 34, par. 3‑5009)
Sec. 3‑5009.
Recorder liable for deputies.
The recorder shall be
liable for any neglect or omission of the duties of his office, when
occasioned by a deputy, in the same manner as for his own personal neglect
or omission.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5010) (from Ch. 34, par. 3‑5010)
Sec. 3‑5010.
Duties of recorder.
Every recorder shall, as soon
as practicable after the receipt of any instrument in writing in his
office, entitled to be recorded, record the same at length in the order of
time of its reception, in well bound books to be provided for that purpose.
In counties of 500,000 or more inhabitants, the recorder may
microphotograph or otherwise reproduce on film any of such instruments in
the manner provided by law. In counties of less than 500,000 inhabitants,
the recorder may cause to be microphotographed or otherwise reproduced on
film any of such instruments only if authorized to do so by the county
board. When any such instrument is reproduced on film, the film shall
comply with the minimum standards of quality approved for permanent
photographic records of the State Records Commission and the device used to
reproduce the records on the film shall be one which accurately reproduces
the contents of the original.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5011) (from Ch. 34, par. 3‑5011)
Sec. 3‑5011.
Office to remain open during bank holiday.
Whenever an emergency exists which involves the banking or credit
structure within the State of Illinois, and which is recognized by a
proclamation by the Governor or by an act or resolution of the General
Assembly, and by such proclamation of the Governor a public holiday has
been or shall be declared, the proclamation of such public holiday shall
not require the recorder or registrar of titles in any county in
this State to close his office, but every such recorder or
registrar of titles shall continue to keep his office open and to operate
in the same manner as though no such public holiday had been declared,
unless in and by such proclamation the Governor of this State shall make
specific reference to the closing of recorders' or registrars' offices in
this State. The actions of any recorder or registrar of titles
performed prior to May 26, 1933 and during the continuance of any such
holiday, are validated.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5012) (from Ch. 34, par. 3‑5012)
Sec. 3‑5012.
Recording and indexing books.
Separate books may be
kept for the recording and indexing of different classes of instruments.
Three distinct series of document numbers may be used for recording
documents received for recordation, one series of numbers to be preceded by
the letter "b" in each case, which series shall be used only for bills of
sale of personal property, chattel mortgages and releases, extensions and
assignments, thereof, one series of numbers to be preceded by the letter
"c" in each case, which series shall be used only for certificates of
discharge of discharged members of the military, aviation and naval forces
of the United States, and the other series of document numbers shall be
used for all other instruments received for recordation. When three series
of document numbers are thus used, a separate place may be provided in the
Recorder's office for the receipt of each kind of documents to which such
serial numbers apply.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5013) (from Ch. 34, par. 3‑5013)
Sec. 3‑5013.
Transcription or reproduction of written instruments.
The recorder, when recording at length instruments in writing in his or her
office, may transcribe the instruments in handwriting or typewriting, make
photographic or photostatic reproductions of the instruments, or transcribe
the instruments partly in handwriting or typewriting and make photographic
or photostatic reproductions of the remaining portions of the instruments.
Every document, however, shall be filed in a complete and intelligible
manner. The recorder may not accept facsimile or other photographic or
photostatic copies of the signatures of parties executing documents without
labeling those signatures as copies. When photographic or photostatic
reproductions are used, the recorder shall first be satisfied that the
reproductions are as lasting and durable as handwritten or typewritten
copies. The reproductions shall be upon sheets bound together in well bound
books or placed in books that are permanently locked so that the sheets
cannot be tampered with or removed. When instruments are reproduced by
microphotography or otherwise reproduced on film as provided in this
Section the reproduction thus made shall be deemed the record for
all purposes.
(Source: P.A. 86‑962; 87‑376.)
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(55 ILCS 5/3‑5014) (from Ch. 34, par. 3‑5014)
Sec. 3‑5014.
Mortgages or liens filed but not recorded.
Upon
receipt of any mortgage, trust deed or conveyance of personal property
having the effect of a mortgage or lien upon such property, upon which is
indorsed the words, "this instrument to be filed, but not recorded" or
words of a similar import, signed by the mortgagee, his agent or attorney,
the recorder shall mark the instrument "filed", endorse the time (including
the hour of the day) of the receipt thereof and file the same in his office.
Each instrument filed as above shall be numbered and indexed by the
Recorder in the book wherein he alphabetically indexes chattel mortgages
and shall refer to the number appearing on the filed instrument.
The recorder may destroy any instrument filed but not recorded in the
manner hereinabove provided, one year after the maturity thereof as stated
therein; except, no such instrument may be destroyed until one year after
the maturity of the last extension thereof filed in the recorder's office.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5015) (from Ch. 34, par. 3‑5015)
Sec. 3‑5015.
Certificates of discharge or release from active duty.
Certificates of discharge or MEMBER‑4 copy of certificate of release or
discharge from active duty of honorably discharged or separated members of
the military, aviation and naval forces of the United States shall be
recorded by each recorder, free of charge, in a separate book which shall
be kept for the purpose. The recorder in counties of over 500,000
population shall as soon as practicable after the recording of the original
discharge certificate or MEMBER‑4 copy of certificate of release or
discharge from active duty, deliver to each of the persons named in the
discharge certificate or MEMBER‑4 copy of certificate of release or
discharge from active duty, or his agent, one certified copy of his discharge
certificate or MEMBER‑4 copy of certificate of release or discharge from
active duty without charge. Additional certified copies shall be furnished
by the recorder upon the payment to the recorder of a fee
of $1.25, payable in advance, for each such additional certified copy.
Upon the delivery of the certificate of discharge or MEMBER‑4 copy of
certificate of release or discharge from active duty after the recordation
thereof is completed, and the delivery of one certified copy thereof to the
person named in the discharge certificate or MEMBER‑4 copy of certificate
of release or discharge from active duty or his agent, the receipt
theretofore issued by the recorder, or a copy thereof shall be
surrendered to the recorder, with a signed statement acknowledging
the receipt of the discharge certificate or MEMBER‑4 copy of certificate
of release or discharge from active duty and the certified copy thereof.
Certified copies of the certificates of discharge or MEMBER‑4 copy of
certificate of release or discharge from active duty furnished by the
recorder may vary from the size of the original, if in the
judgment of the recorder, such certified copies are complete and
legible.
A military discharge form (DD‑214) or any other certificate of discharge or
release from active duty document that was issued by the United States
government or any state government in reference to those who served with an
active or inactive military reserve unit or National Guard force and that was
recorded by a County Clerk or Recorder of Deeds is not subject to public
inspection, enjoying all the protection covered by the federal Privacy Act of
1974 or any other
privacy law. These documents shall be accessible only to the person named in
the document, the named person's dependents, the county veterans' service
officer, representatives of the Department of Veterans' Affairs, or any person
with
written authorization from the named person or the named person's dependents.
(Source: P.A. 93‑468, eff. 1‑1‑04.)
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(55 ILCS 5/3‑5016) (from Ch. 34, par. 3‑5016)
Sec. 3‑5016.
Quarters; office hours.
Every Recorder shall keep his
office at the courthouse of the county for which he is recorder, or in
counties of the second or third class in some other suitable building
provided at the county seat by the county for which he is recorder and
shall keep his office open except as hereinafter provided and attend to the
duties thereof in counties of the first and second classes from 8 o'clock
A.M. to 5 o'clock P.M. of each working day, except Saturday, and in
counties of the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
working day, except Saturday, and except in each county of all classes such
days as under any law are or may be legal holidays in any part of the
county, as regards the presenting for payment, acceptance, maturity,
protesting, or giving notice of the dishonor of bills of exchange, bank
checks, promissory notes, or other negotiable or commercial paper or
instruments: Provided, however, that the hours of opening and closing of
the office of the Recorder may be changed and otherwise fixed and
determined by the county board of any county. Any such action taken by the
county board shall be by an appropriate resolution passed at a regular
meeting. The office of the recorder shall accept instruments for
recordation at all times during which the office is open.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5017) (from Ch. 34, par. 3‑5017)
Sec. 3‑5017.
Time for opening and closing of office.
When "An
Act to provide for the standardization of time and providing penalties for
violations thereof", approved April 29, 1959 is in effect at the county
seat in which the recorder's office is situated, the time for opening and
closing of the office, and the receiving instruments for recordation, shall
conform with that Act.
(Source: P.A. 86‑962.)
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(2) The document shall be legibly printed in black | ||
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(3) The document shall be on white paper of not less | ||
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(4) The first page of the document shall contain a | ||
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(5) The document shall not have any attachment | ||
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A document that does not conform to these standards shall
not be recorded except upon payment of the additional fee required under
this paragraph. This paragraph, as amended by this amendatory Act of 1995,
applies only to documents dated after the effective date of this amendatory
Act of 1995.
The county board of any county may provide for an additional charge of $3
for filing every instrument, paper, or notice for record, (1)
in order to
defray the cost of converting the county recorder's document storage system
to computers or micrographics
and (2) in order to defray the cost of providing access to records through
the global
information system known as the Internet.
A special fund shall be set up by the treasurer of the county and such
funds collected pursuant to Public Act 83‑1321 shall be used (1)
for
a document storage system to provide the equipment, materials and necessary
expenses incurred to help defray the costs of implementing and maintaining
such a document records system
and (2) for a system to provide electronic access to
those records.
The county board of any county that provides and maintains a countywide map
through a Geographic Information System (GIS) may provide for an additional
charge of $3 for filing every instrument, paper, or notice for record (1)
in order
to defray the cost of implementing or maintaining the county's Geographic
Information System
and (2) in order to defray the cost of providing electronic access to the
county's
Geographic
Information System records.
Of that amount, $2 must be deposited into a special fund
set up by the treasurer of the county, and any moneys collected pursuant to
this amendatory Act of the 91st General Assembly and deposited into that fund
must be used solely for the equipment, materials, and necessary expenses
incurred in implementing and maintaining a Geographic Information System and
in order to defray the cost of providing electronic access to the county's
Geographic Information System records.
The remaining $1 must be deposited into the recorder's special funds created
under Section 3‑5005.4. The recorder may, in his or her discretion, use moneys
in the funds created under Section 3‑5005.4 to defray the cost of implementing
or maintaining the county's Geographic Information System
and to defray the cost of providing electronic access to the county's
Geographic
Information System records.
The recorder shall collect a $10 Rental Housing Support Program State
surcharge for the recordation of any real estate‑related document. Payment of the
Rental Housing Support Program State surcharge shall be evidenced by a receipt
that shall be marked upon or otherwise affixed to the real estate‑related document
by the recorder. The form of this receipt shall be prescribed by the Department
of Revenue and the receipts shall be issued by the Department of Revenue to
each county recorder.
The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, any unit of local government or any school district. One dollar of each surcharge shall be retained by the county in which it was collected. This dollar shall be deposited into the county's general revenue fund. Fifty cents of that amount shall be used for the costs of administering the Rental Housing Support Program State surcharge and any other lawful expenditures for the operation of the office of the recorder and may not be appropriated or expended for any other purpose. The amounts available to the recorder for expenditure from the surcharge shall not offset or reduce any other county appropriations or funding for the office of the recorder.
On the 15th day of each month, each county recorder shall | ||
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For purposes of this Section, "real estate‑related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act.
The foregoing fees allowed by this Section are the maximum fees that
may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by ordinance,
increase the fees allowed by this Section and collect such increased fees
from all persons and entities other than officers, agencies, departments
and other instrumentalities of the State if the increase is justified by an
acceptable cost study showing that the fees allowed by this Section are not
sufficient to cover the cost of providing the service.
Regardless of any other provision in this Section, the maximum fee that may
be collected from the Department of Revenue for filing or indexing a
lien, certificate of lien release or subordination, or any other type of notice
or other documentation affecting or concerning a lien is $5. Regardless of
any other provision in this Section, the maximum fee that may be collected from
the Department of Revenue for indexing each additional name in excess
of one for any lien, certificate of lien release or subordination, or any other
type of notice or other documentation affecting or concerning a lien is $1.
A statement of the costs of providing each service, program and activity
shall be prepared by the county board. All supporting documents shall be
public record and subject to public examination and audit. All direct and
indirect costs, as defined in the United States Office of Management and
Budget Circular A‑87, may be included in the determination of the costs of
each service, program and activity.
(Source: P.A. 93‑256, eff. 7‑22‑03; 94‑118, eff. 7‑5‑05.)
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(55 ILCS 5/3‑5019) (from Ch. 34, par. 3‑5019)
Sec. 3‑5019.
Monthly list of conveyances.
Immediately following each
calendar month, the recorder, in counties with less than 1,000,000
inhabitants shall, upon their request, transmit copies of all documents,
plats and deeds conveying real property to the county clerk, the county
treasurer, the tax map department, the supervisor of assessments and the
township assessor for which he shall be paid by the county the usual and
customary fee charged by the recorder for furnishing such documents.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5020) (from Ch. 34, par. 3‑5020)
Sec. 3‑5020.
Information to accompany conveyance documents.
(a) In counties of the first and second class no recorder shall
record any conveyance of real estate unless the conveyance contains the
name and address of the grantee for tax billing purposes.
(b) In counties with 3,000,000 or more inhabitants, the county recorder
shall not accept for filing any deed or assignment of beneficial interest
in a land trust in a transaction which is exempt from filing a real estate
transfer declaration under the provisions of Section 4 of the Real Estate
Transfer Tax Act, unless the deed or assignment of a beneficial interest is
accompanied by,
(1) a sworn or affirmed statement executed by the | ||
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(2) a sworn or affirmed statement executed by the | ||
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(c) In the event that the document of conveyance is a trustee's deed
issued under resignation by a land trustee, the statements pursuant
to paragraphs (1) and (2) of subsection (b) shall not be required, but the
trustee's deed shall instead be accompanied by a sworn or affirmed statement
executed by the grantor land trustee stating that the trustee's deed has been
issued pursuant to resignation by the trustee, and that the name of the grantee
shown on the trustee's deed is the name of the beneficiary of the trust as his
name appears in the trust files as of the date of resignation.
(Source: P.A. 86‑962; 87‑543; 87‑1236.)
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(55 ILCS 5/3‑5020.5)
Sec. 3‑5020.5.
Information concerning recorded or filed instruments.
Each instrument recorded or filed with the county recorder must contain the
following:
(1) The name and address of the person to whom the instrument is to be
returned.
(2) The recorder's document number of any instrument (i) referred to in the
instrument being recorded or filed or (ii) relating to the instrument being
recorded or filed, such as, without limitation, the recorder's document number
of a mortgage when the instrument being recorded or filed is a release of that
mortgage.
(3) The book and page number, if applicable, of any instrument (i) referred
to in the instrument being recorded or filed or (ii) relating to the instrument
being recorded or filed.
(Source: P.A. 88‑691, eff. 1‑24‑95.)
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(55 ILCS 5/3‑5021) (from Ch. 34, par. 3‑5021)
Sec. 3‑5021.
Recording or registering instruments transferring
title to real estate or a beneficial interest in real estate subject to a
land trust. If any home rule municipality has levied a real estate transfer
tax and a certified copy of the ordinance or resolution levying the tax,
specifying the rates and the design and denomination of stamps evidencing
payment thereof, has been on file with the county recorder for at least
30 days, the recorder of that county may not accept for recording or for
registration under "An Act concerning land titles", approved May 1, 1897,
as amended, any instrument transferring title to real estate in that
municipality, or the beneficial interest in real estate in that
municipality which is the subject of a land trust, for which revenue stamps
are required to be purchased under the "Real Estate Transfer Tax Act",
approved July 17, 1967, as amended, without proof of payment of the
municipal real estate transfer tax.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5022) (from Ch. 34, par. 3‑5022)
Sec. 3‑5022.
Identification of person preparing instrument affecting
title to real estate. No recorder shall record any instrument affecting
title to real estate unless the name and address of the person who prepared
and drafted such instruments is printed, typewritten or stamped on the face
thereof in a legible manner, but the validity and effect of the record of
any such instrument shall not be lessened or impaired by the fact that it
does not comply with the provisions of this Section. An instrument
complies with this Section if it contains a statement in substantially
the following form:
"This instrument was prepared by
(Name) .................., (Address) ......................."
This Section does not apply to any instrument executed before the effective
date of this Section, nor to the following: (a) an order or judgment
or process of any court; (b) a will; (c) a death certificate; or (d) an
instrument executed or acknowledged outside of this State.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5023) (from Ch. 34, par. 3‑5023)
Sec. 3‑5023.
Receipt.
On the receipt of any instrument in
writing for recording or filing in a recorder's office, the recorder shall,
when requested, give to the person leaving the same to be recorded or
filed, a receipt therefor.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5024) (from Ch. 34, par. 3‑5024)
Sec. 3‑5024.
Certificate of time of filing.
When any instrument
in writing is recorded in the recorder's office, the recorder shall indorse
upon such instrument a certificate of the time (including the hour of the
day) when the same was received for recordation (which shall be considered
the time of recording the same), and the book and page in which the same is
recorded. The recorder shall sign the certificate or shall affix his
facsimile signature thereto.
The certificate, when signed by the recorder, or to which he has affixed
his facsimile signature, shall be evidence of the facts therein stated.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5025) (from Ch. 34, par. 3‑5025)
Sec. 3‑5025.
Books.
Every recorder shall keep the following books:
1. An entry book, in which he or she shall, immediately on the receipt
of any instrument to be recorded or filed, enter, in the order of its
reception, the names of the parties thereto, its date, the day of the
month, hour and year of receiving the same, and a brief description of
the premises, indorsing upon each instrument a number corresponding with
the number of such entry.
2. A grantor's index, in which shall be entered the name of each
grantor, in alphabetical order, the name of the grantee, date of the
instrument, time of receipt, kind of instrument, consideration, the book
and page in which it is recorded, or the number under which it is filed,
and a brief description of the premises.
3. A grantee's index, in which shall be entered the name of each
grantee, in alphabetical order, the name of the grantor, date of the
instrument, time of receipt, kind of instrument, consideration, the book
and page in which it is recorded, or the number under which it is filed,
and a brief description of the premises.
4. An index to each book of record, in which shall be entered,
in alphabetical order, the name of each grantor and grantee, and the
page in which the instrument is recorded.
5. When required by the county board, an abstract book, which
shall show by tracts every conveyance or incumbrance recorded, the date
of the instrument, time of filing the same, the book and page where the
same is recorded; which book shall be so kept as to show a true chain of
title to each tract and the incumbrances thereon, as shown by the
records of his office.
6. An index to recorded maps, plats and subdivisions, such index
to be made by description of land mapped, or subdivided by range,
township, Section, quarter‑section, etc.
7. An index showing in alphabetical order the names of the
parties against whom judgments have been rendered or made and
transcripts or memoranda of such judgments have been
recorded, and the parties named in notices recorded pursuant to Section
1 of "An Act concerning constructive notice of condemnation proceedings,
proceedings to sell real property of decedents to pay
debts, or other suits seeking equitable relief involving real
property, and proceedings in bankruptcy" approved June 11, 1917, as amended.
8. An index of all ordinances, petitions, assessment rolls, orders,
judgments or other documents filed or recorded in respect of any drainage
or special assessment matter sufficient to enable the public to identify
all tracts involved therein and to locate all the documents which have been
filed or recorded. The recorder may solicit the assistance of the State
Records Commission in organizing and indexing these documents.
Any recorder may install or contract for the use of a computerized
system that will permit automated entry and indexing, alphabetically by
document, of instruments filed in his or her office and that will provide both
quick search and retrieval of such entries and hard copy print output,
whether on paper, optical disk media, or microfilm, of such entries as
indexed. If such a computerized system has been in use in his or her office
for at least 6 months and the recorder determines that it provides accurate and
reliable indices that may be stored as permanent records, more quickly and
efficiently than the system previously used, the recorder may thereafter
discontinue the use of the manual system and use only the computerized system
for such indices. In that event, references in this Division to books, records
or forms as relate to such indices are intended to encompass and refer to the
computer system and all materials and forms directly related to that system and
its proper use.
This Section is subject to the Local Records Act.
(Source: P.A. 88‑661, eff. 9‑16‑94.)
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(55 ILCS 5/3‑5026) (from Ch. 34, par. 3‑5026)
Sec. 3‑5026.
Name and address of grantee or grantees.
No deed or other instrument which transfers the title to real property
may be recorded unless and until the name and address of the grantee or
grantees appear on its face.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5027) (from Ch. 34, par. 3‑5027)
Sec. 3‑5027.
Real estate index number system; counties of less
than 1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a permanent real estate index number system which shall describe
all real estate in the county by township, Section, block, and parcel or
lot, the street or post office address, if any, and street code number, if
any, of such real estate. The recorder having established such index number
system shall be the sole authority in the county to designate
and assign index numbers and may establish and maintain cross indexes of
numbers assigned with the complete legal description of the real estate
to which such numbers relate. Such index number system may be used by the
supervisor of assessments or board of assessors, as the case may be, in
counties of less than 1,000,000 population for the purposes of assessment
and collection of taxes. If a real estate index number system is being
maintained by an authority other than the recorder on September 8, 1980,
the county board may approve the adoption, modification or expansion of
such system by the recorder and the recorder shall thereafter designate and
assign all index numbers under said system. All indexes established
hereunder shall be open to public inspection and shall be made available to
the public during regular business hours.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5028) (from Ch. 34, par. 3‑5028)
Sec. 3‑5028.
Map making department; counties of less than
1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a map making department which shall have sole authority over the
preparation, maintenance and designation of maps and up‑to‑date lists of
property owners names and addresses required for use by the county,
including but not limited to, those maps and lists used for assessment
purposes.
If the recorder establishes a map making department pursuant
to such ordinance or resolution, then such department shall supersede the
authority of any other person or agency previously charged with the
responsibility for map making.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5029) (from Ch. 34, par. 3‑5029)
Sec. 3‑5029.
Map, plat or subdivision of land;
penalty. No person shall offer or present for
recording or record any map, plat or subdivision of land situated in any
incorporated city, town or village, nor within 1 1/2 miles of the corporate
limits of any incorporated city, town or village which has adopted a city
plan and is exercising the special powers authorized by Division 12 of
Article 11 of the Illinois Municipal
Code, as now or hereafter amended, and not included in any municipality
unless the map, plat or subdivision is under the seal of a registered Illinois
land surveyor and unless it is entitled to record as provided in Sections
11‑15‑1 and 11‑12‑3 of the Illinois Municipal Code, as now or hereafter
amended. Any map, plat or subdivision of land presented for recording shall
have attached thereto or endorsed thereon the Certificate of an Illinois
Registered Land Surveyor that the land is or is not within any incorporated
city, town or village, nor within 1 1/2 miles of the corporate limits of
any incorporated city, town or village which has adopted a city plan and
is exercising the special powers authorized by Division 12 of Article 11 of
the Illinois Municipal Code, as now or hereafter amended, and not included
in any municipality. No person shall offer or present for recording or
record any subdivision plat of any lands bordering on or including any public
waters of the State in which the State of Illinois has any property rights
or property interests, unless such subdivision plat is under the seal of
a registered Illinois Land Surveyor and is approved by the Department of
Natural Resources, nor shall any person
offer or present for recording or record any map, plat or subdivision of
lands, without indicating whether any part of which as shown on the
map, plat or subdivision is located within a special flood hazard area as
identified by the Federal Emergency Management Agency nor shall any person
offer or present for recording or record any map, plat or subdivision of
land situated outside any incorporated city, town or village unless the
map, plat or subdivision is under the seal of a registered Illinois land
surveyor, and unless it is entitled to record as provided in Section
5‑1045, however, the provisions of this Section shall not
apply to any street or highway survey map or plat. Any person who records,
or who offers or presents for recording, which offer or presentation results
in a recording of, any map, plat or subdivision of land which he knows to
be in violation of this Section shall pay to the county the sum of $200,
to be recovered in the circuit court, in the name of the state, for the
use of the county, with costs of suit.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(55 ILCS 5/3‑5030) (from Ch. 34, par. 3‑5030)
Sec. 3‑5030.
Deeds of sheriffs.
Deeds and other instruments affecting
real estate, made by a sheriff, executor, administrator, guardian, trustee
or other person acting on behalf of another, shall be indexed in the name
of the person whose land is sold or affected as grantor, and a note shall
be made in the index indicating in what capacity the deed was made.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5031) (from Ch. 34, par. 3‑5031)
Sec. 3‑5031.
Penalty.
If any recorder shall fail to perform
any duty imposed upon him by this Division, he shall be guilty
of malfeasance in office, and shall be punished accordingly, and shall be
liable to the party injured for all damages occasioned thereby.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5032) (from Ch. 34, par. 3‑5032)
Sec. 3‑5032.
Ancient records.
All copies and transcripts of the
ancient books, records and papers, bearing date prior to the 13th of July
in the year of our Lord 1787, now in the office of the recorder of the
county of Randolph, which may be made by said recorder, from the said
papers or records, and attested by him, shall be as authentic in any court
in this State as if given by the Secretary of State; and the said recorder
shall be entitled to the same fees for such copies, transcripts and
attestations, as he is now entitled to by law for the performance of similar
services.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5033) (from Ch. 34, par. 3‑5033)
Sec. 3‑5033.
County to furnish books, equipment and supplies.
The county board of each county shall from time to time, as may be
necessary, provide the recorder of such county with well‑bound and properly
ruled books, and where photostating, optical disk storage, or
microfilming is used, the recorder
shall likewise be furnished all such equipment and supplies necessary to
the execution of the duties of his office. They may procure books of
printed forms to be filled up in the recording of any instrument, when the
same may be done without interlineation or erasure, and shall in all cases,
when practicable, procure the necessary index and abstract books with
printed headings. The cost of such books, equipment and supplies shall be
chargeable against the surplus fees of the office, or paid by the county.
(Source: P.A. 88‑661, eff. 9‑16‑94.)
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(55 ILCS 5/3‑5034) (from Ch. 34, par. 3‑5034)
Sec. 3‑5034.
Transcription of records.
When it shall appear to the
county board that any books of record, entry books, indexes or abstract
books, are likely to become useless from age or much use, or are illegibly
written, defaced, or imperfectly kept, they shall cause the same to be
transcribed at the cost of the county. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5035) (from Ch. 34, par. 3‑5035)
Sec. 3‑5035.
Failure to comply.
The receiving for record, or filing,
of any instrument by a recorder of deeds or a registrar of titles which
does not comply with the provisions of this Division shall not affect the
validity and effect of any such instrument or the constructive notice
afforded by its recordation.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5036) (from Ch. 34, par. 3‑5036)
Sec. 3‑5036.
Records open to inspection.
All records, indices,
abstract and other books kept in the office of any recorder, and all
instruments filed therein and all instruments deposited or left for
recordation therein shall, during the office hours, be open for public
inspection and examination; and all persons shall have free access for
inspection and examination to such records, indices, books and instruments,
which the recorders shall be bound to exhibit to those who wish to inspect
or examine the same; and all persons shall have the right to take memoranda
and abstracts thereof without fee or reward. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5036.5)
Sec. 3‑5036.5.
Exchange of information for child support enforcement.
(a) The Recorder shall exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement
of child support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non‑Support of Spouse
and
Children Act, the Non‑Support Punishment Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary, the
Recorder shall not be liable
to any person for any disclosure of information to the
Illinois Department of Public Aid under subsection (a)
or for any other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 90‑18, eff. 7‑1‑97; 91‑613, eff. 10‑1‑99.)
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(55 ILCS 5/3‑5037) (from Ch. 34, par. 3‑5037)
Sec. 3‑5037.
Instruments to be re‑recorded; fee; penalty.
In all
cases where the records of any county have been or shall hereafter be
destroyed by fire or other casualty, it shall be the duty of the recorder
of such county to re‑record all deeds, mortgages or other instruments in
writing which may have been recorded or filed for record prior to the
destruction of such records, together with the certificates of such
original recording, that may be filed in his office for re‑recording; and
the recorder may charge and receive, as a fee for re‑recording such deeds,
mortgages and other instruments aforesaid, and the certificate of such
recording, 5� for each 100 words or fractions thereof, and no more; and any
recorder who shall charge a greater fee than the foregoing, or who shall
refuse to re‑record such instruments in writing, for the fee aforesaid,
shall be deemed guilty of malfeasance in office, and subject to all the
penalties prescribed by law for such offense.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5038) (from Ch. 34, par. 3‑5038)
Sec. 3‑5038.
Judgment dockets.
In all counties where a recorder
is elected in which the recorder has heretofore been, or shall hereafter be
required by the county board to keep abstract books showing by tract every
conveyance or incumbrance recorded, the date of the instrument, the time of
filing same, the book and page where the same is recorded, and showing a
true chain of title to each tract and the incumbrances thereon, as shown by
the records of his office, such recorder shall and he is hereby authorized
to keep judgment dockets and indexes thereto, showing all judicial
proceedings affecting title to real estate in such county, tax sale books
with indexes thereto, showing sales or forfeitures of all lands in the
county for unpaid taxes and assessments, and such other books as are usual
or necessary to be kept for the purpose of making complete abstracts of
title to real estate; and the county board shall furnish such recorder with
the necessary rooms, books, stationery, fuel and lights for the purposes
herein set forth: Provided, that nothing in this Division shall be
construed to empower the recorder to prevent the public from examining and
taking memoranda from all records and instruments filed for record, indexes
and other books in his official custody, but it shall be his duty at all
times, when his office is or is required by law to be open, to allow all
persons without fee or reward to examine and take memoranda from the same.
This Section is subject to the provisions of "The Local Records Act".
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5039) (from Ch. 34, par. 3‑5039)
Sec. 3‑5039.
Certificate of transcript of abstract books; fees.
Every recorder keeping such books is hereby authorized,
and it shall be his or her duty, to make and certify under the seal of
his or her office, for all persons desiring the same, abstracts of
title to real estate in his or her county and to charge therefor, in
counties of the third class, not to exceed the following fees:
For each certificate, certifying to the condition of the title as shown
by such abstract, judgment and tax books, the sum of $3,
that sum of $3 to include the showing of one instrument of
conveyance, incumbrance or release thereof, judgment or tax sale.
For each additional instrument of conveyance, incumbrance or release
thereof, the sum of $1.
For each additional judgment or tax sale, the sum of 75�.
For actions seeking equitable relief and probate proceedings necessary
to be shown, $1 per page, which fees shall be accounted for by such
recorder in like manner with fees received by him or her from recording.
The recorder shall, for his or her services in keeping such books and
making such abstracts of title in counties of the third class, receive a
salary of $1,000 per annum, which compensation shall be in addition to the
salary allowed him or her for his or her duties as recorder; in counties of
the second class he or she shall receive such salary and be authorized to
charge such fees as may be filed by the county board.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5040) (from Ch. 34, par. 3‑5040)
Sec. 3‑5040.
Recorder's bond for abstracts of title.
Every such recorder shall, before making and certifying such
abstracts of title, give a bond with sufficient security, to be approved by
the county board payable to the county of which he is such recorder in the
penal sum of ten thousand dollars, conditioned to secure the accuracy and
correctness of any and all such abstracts of title, and to indemnify the
county for all actual losses or damages which the county may be required to
pay by reason of any errors, mistakes or omissions in any such abstracts of
title, to any and all persons purchasing such abstract from such recorder.
And such county shall reimburse any and all persons purchasing any such
abstract of title from such recorder, for any and all losses or damages
sustained by such purchaser or purchasers on account of the error, mistake
or omission aforesaid.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5041) (from Ch. 34, par. 3‑5041)
Sec. 3‑5041.
Indemnity fund.
Five percent of all fees collected by
such recorder under the provisions of Section 3‑5039, shall be paid by such
recorder to the county treasurer of his county, for the purpose of an
indemnity fund, until the fund shall reach the sum of $100,000 when the
payments thereto shall be reduced to 2 1/2%, and so continue while the sum
of $100,000 or more remains in such fund; and whenever, at any time, it
shall fall below such sum the payments of 5% as above provided, shall be
made. It shall be the duty of the treasurer to invest all of such funds,
principal and income, in his hands from time to time, if not immediately
required for payment of indemnities, and report annually to the circuit
court the condition and income thereof. All investments of the fund or any
part thereof shall be made with the approval of the court by order entered
of record. The fund shall be invested only in the bonds or securities of
the United States, or of this State, or counties or other municipalities of
this State. Such fund shall be held to satisfy judgments obtained against
the county for losses or damages as aforesaid and payment therefrom shall
be made only upon order of the county board.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5042) (from Ch. 34, par. 3‑5042)
Sec. 3‑5042.
Tax and judgment searches.
In all counties having a
population of 500,000 or more in which recorders are authorized
to make abstracts of title, such recorders may make tax and
judgment searches for persons ordering the same for hire.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5043) (from Ch. 34, par. 3‑5043)
Sec. 3‑5043.
Fees for tax or judgment search.
For each tax or
judgment search so made the recorder shall charge a fee of $1, of which 50�
shall be paid into the general corporate fund of the county and 50� shall
be added to and be held by the county treasurer as a part of the indemnity
fund created by Section 3‑5044 of this Act.
(Source: P.A. 86‑962.)
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(55 ILCS 5/3‑5044) (from Ch. 34, par. 3‑5044)
Sec. 3‑5044.
Recorder's tax and judgment search indemnity fund.
Out
of the payments provided by Section 3‑5043 the county treasurer shall set
aside an indemnity fund to be known as the "Recorder's Tax and
Judgment Search Indemnity Fund". Any loss or damage sustained by any
person ordering and relying upon any tax or judgment search furnished
hereunder by the recorder through any errors or omissions in the tax
or judgment search shall be paid out of the recorder's tax and
judgment search indemnity fund upon petition to the county board, approved
by the acting recorder of deeds, and by a majority vote of the county
board. It shall be the duty of the county treasurer to invest all of the
fund, principal and income, in his possession from time to time, if not
immediately required for payment of indemnities, and report annually to the
county board the condition and income thereof. All investments of the fund
or any part thereof shall be made with the approval of the county board by
order entered of record. The fund shall be invested only in the bonds or
securities of the United States, or of this State, or counties or other
municipalities of this State.
(Source: P.A. 86‑962; 87‑895.)
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(55 ILCS 5/3‑5045) (from Ch. 34, par. 3‑5045)
Sec. 3‑5045.
Scope of liability in connection with Uniform
Commercial Code. No recorder nor any of his employees or
agents shall be subject to personal liability by reason of any error or
omission in the performance of any duty under Article 9 of the Uniform
Commercial Code except in case of wilful negligence.
(Source: P.A. 86‑962.)
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