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Illinois Deed Forms – Quit Claim, Warranty, and Special Warranty

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The Illinois deed forms are the legal method for one person to convey real estate or real property to another. The person transferring the property is typically called the grantor and the person receiving the property is typically called a grantee. Transfers are usually completed after the buyer has made sure to research the property to know what interest he or she is buying. This is called a title search or property search. In addition, after the document is signed, it is important to make sure the original is filed by the grantee at the local county recorder.

Laws – 765 ILCS 5 (Conveyances Act)

Recording – All deeds must be filed within the County Recorder’s Office where the property is located. Find your Recorder’s Office by selecting the County you are Located.

Transfer Tax (Form PTAX-203) – The form can be filed physically with the PDF Form or can be Filled-in Online (Applicable Counties have the option to process the form online).

Signing (765 ILCS 5/20) – All deeds must be signed and acknowledged with a notary present.

Deed Types

General Warranty – This type of deed conveys title to a property to another and includes a guarantee from the seller to the buyer that he or she is selling the property free and clear of any claims from others, that he or she has the legal authority to sell the property and that he or she will defend buyer against any claims against the property.

Quit Claim – A quit claim is the opposite of the warranty deed in that it provides no guarantee that the seller may sell the property or that seller owns the property.

Special Warranty – Is a type of deed used to convey property with a limited warranty. The buyer guarantees that he or she has not transferred any interest in the parcel while he or she has owned it, but does not guarantee the title prior to the time they purchased the property.

Illinois Property Search

A property search is necessary whenever you are buying a parcel of land. This gives you a chance to make sure there weren’t interests transferred to others in the past that may be an issue in the future. Many title companies recommend that you search the transfers on the property back 50 years. In Illinois, the property records are located at the county recorder. You can go there in person to conduct a search or you can check the county recorder’s website to see if they offer online searching. Make sure to determine how far back you can go and if they have all the records before you rely solely on online searching. Cook County provides instructions as to how to check the deed.

Step 1 – Go to this site and click on the county in which the property is located.

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Step 2 – We will be using “Cook” county for purposes of this demonstration. Once you click on the correct county, you will be brought to this page, where you click on County Recorder:

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Step 3 – You will be brought to this page listing the name and address of the recorder as well as a website address. Click on the website address.

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Step 4 –  Once you are at the recorders site, look for the link to searching documents.

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Step 5 – Click on “Search Public Records” and you will be brought to this page.

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Step 6 – Make sure you have the name of the grantor and or the property ID which can be found on the property tax bill. Enter that information when prompted.

 


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