Public Act 99-0439 (IL)

Cook County Recorder: Pilot Program on Foreclosure Recordings

Effective date: 01/01/2016

 

Any county with a population over 3,000,000 must establish a pilot program that allows documents to be recorded against any property in foreclosure by judicial order only.

Judges can now issue an order barring any nonrecord claimant from recording. The order can also prohibit the owner of the property from recording any document without judicial approval with some exceptions.

The recorder will record the court’s order as a separate document in the chain of title, after the notice of foreclosure. The recorder needs a court order to record any documents that deal with any foreclosure actions. The Act goes on in more detail about the process in which recorders deal with any court orders.

Once a foreclosure is complete and a new deed is issued, a court order confirming the sale is presented for inspection during recordation. If a document is recorded contrary to a court’s order, the recorder has to notify in writing the person recording the document. If 30 days pass with no response, the recorder can record a new document clearly referencing the document number of the erroneous recording. The recorder should write “voided” on it.

 

Bill Number: 
SB 1487
By: ATG Underwriting Department | Posted on: Thu, 12/03/2015 - 2:47pm