Requirements for a Valid Quitclaim Deed in Illinois

To ensure your Illinois quitclaim deed is valid, it must include the following information:

Grantor's Information: Name and address of the person transferring the property (765 ILCS 5/10).

Grantee's Information: Name and address of the person receiving the property (55 ILCS 5/3-5020, 5026).

Consideration: Usually money, this is the amount paid for the property.
Legal Description: Complete description of the property, including the county where it's located (765 ILCS 5/10).

Execution Date: The date the deed is signed by the grantor.

Notarized Signature: The grantor's signature must be notarized (765 ILCS 5/10).

Return Address: Address for sending the deed after it's recorded (55 ILCS 5/3-5020.5).

Previous Deeds Information: Document and book/page numbers from prior deeds (55 ILCS 5/3-5020.5).

Prepared By Statement: Name and address of the person who prepared the deed (55 ILCS 5/3-5022).

Property Identifiers: Include the assessor's section or lot and block identifiers, and real estate index ID if available (55 ILCS 5/3-5027).

If the property is a homestead, both the grantor and their spouse must sign the deed, even if the spouse does not hold title to the property. If the property is not a homestead, include a statement indicating this (765 ILCS 5/27).

Recording the Quitclaim Deed

To record your quitclaim deed, follow these guidelines:

Signature Formatting: Type or print the signor's name below each signature (55 ILCS 5/3-5018).

Margins: Leave a 3" x 5" blank space in the top right corner of the first page for the recorder's use. All other margins should be 1/2" all around (765 ILCS 5/10).

Paper and Ink: Use permanent black ink on white paper (minimum 20 lb. weight) (765 ILCS 5/28).

Paper Size: Print the deed on individual 8" x 11" sheets of paper. Do not staple, clip, tape, or attach anything to the pages (765 ILCS 5/10).

Submission: Submit the deed to the recorder in the county where the property is located (765 ILCS 5/10).

Importance of Recording

Illinois follows a "notice" recording statute (765 ILCS 5/30-31). This means a deed is effective from the time it is filed for recording. If a grantor transfers the same property to two different grantees, the first grantee to record the deed will have legal ownership. To protect your ownership rights, record the deed as soon as possible after it is signed.

Conclusion

Following these requirements ensures your Illinois quitclaim deed is properly executed and recorded, protecting the interests of all parties involved in the transaction.

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