The Illinois General Assembly is considering a bill that would amend the state’s Conveyancing Act by clarifying how deeds, mortgages and other title-related instruments are to be recorded.
The law currently states that deeds, mortgages, powers of attorney and other instruments relating to real estate shall be recorded in the county in which the real estate is situated. The bill, SB 2953, sponsored by Sen. Pamela Althoff, R-Crystal Lake, would clarify that these instruments must be recorded in the county recorder’s office.
It also clarifies that the new provision extends to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens and memoranda of judgment.
The law would state, “All deeds, mortgages, assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, memoranda of judgment and other instruments in writing that affect interests in real property and that 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; and all these deeds and title papers shall be adjudged void until the same shall be filed for record with the recorder’s office in the county in which the property is located.”