Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you verify every individual with an interest in Illinois real property, you perform a thorough title search and gather supporting documentation. Under the Illinois Recording Act (765 ILCS 5/1), all deeds, mortgages, easements and related instruments affecting title must be indexed and available at the county recorder’s office (https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2518&ChapterID=68). Start by identifying the current owner(s) and tracing the chain of title through recorded deeds. Each deed must include the grantor’s and grantee’s legal names and a precise legal description of the property.
Next, check for outstanding liens, mortgages or judgments. Visit the county clerk’s office to review mortgage records and judgment dockets. Obtain certified copies of any encumbrance documents and releases.
If an owner is deceased, secure either Letters of Administration or Letters Testamentary under the Illinois Probate Act (755 ILCS 5/) (https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1984&ChapterID=62), or an Affidavit of Heirship. This confirms the lawful successor’s interest.
For property owned by an entity, collect articles of incorporation or organization and a current certificate of good standing from the Illinois Secretary of State. Refer to the Illinois Limited Liability Company Act (805 ILCS 180/) (https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3510&ChapterID=59) for LLCs and the General Not For Profit Corporation Act (805 ILCS 105/) for nonprofits.
Finally, gather trust instruments if the property sits in a trust. Confirm trustees’ signatures are notarized in compliance with the Notary Public Act (5 ILCS 312/) (https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1895&ChapterID=51). Verify any name changes, marriage certificates or court orders to ensure names match recorded instruments. Collate all documentation into a title binder for review by your attorney or title company.
Helpful Hints
- Order a preliminary title report from a licensed title company before your search.
- Obtain certified copies of all recorded instruments to ensure authenticity.
- Search county clerk and recorder databases for liens, judgments and mortgages.
- Request court-issued Letters of Administration or an Affidavit of Heirship for any deceased owners.
- Gather entity records: articles, operating agreements and certificates of good standing.
- Ensure all signatures are notarized per the Notary Public Act (5 ILCS 312).
- Collect trust agreements and amendments if trustees hold title.
- Verify name changes with certified marriage certificates or court orders.