What is a Notarial Record?
The Notarial Record (5 ILCS 312/3-102) is the document created when a notary public notarizes a document of conveyance for qualifying residential real property in Cook County. The Notarial Record is completed by the seller and notary and contains information mandated by the new law. View a copy of a Notarial Record.
Does the notary keep the Notarial Record?
No. If the notary is a principal, an employee or an agent of a title insurance company, title insurance agent, financial institution or attorney, he or she must deliver the Notarial Record to his or her employer within 14 days. The employer is required to maintain the record for a period of 7 years.
A notary public who is not an employee or agent of a title insurance company, title insurance agent, financial institution or attorney, must deliver the Notarial Record to the Cook County Recorder of Deeds office within 14 days after the deed is notarized and pay a $5 filing fee. The notary is not allowed to have either the seller or the buyer deliver the Notarial Record to the Recorder of Deeds.
Notaries are not allowed to copy Notarial Records.
What is residential real property?
Residential real property (5 ILCS 312/3-102-b-4) is a building or buildings located in Cook County, Illinois that contains 1 to 4 units, or is an individual residential condominium unit.
How do I obtain a thumbprint from the seller?
The law (5 ILCS 312/3-102-c-6) states that the thumbprint may be obtained by “any means that reliably captures the image of the finger in a physical or electronic medium.” The notary may use an inked or inkless pad to transfer the thumbprint on to a paper Notarial Record, or use an electronic bio-print pad to capture the print electronically.
Do I have to participate in the pilot project and notarize conveyances of real property located in Cook County.
No. The law does not require that. You may want to discuss company policy with your employer, however.
As a notary outside Cook County, am I affected by the new law?
The law affects all notaries in Illinois who notarize a document of conveyance of residential property located in Cook County.
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