Use a correction or corrective deed to clear up a title flaw in a deed recorded in Illinois. This form allows for correction of errors in one or multiple sections of the deed.
When correcting an error in a deed in Illinois, there are two basic options: 1) re-record the original deed with corrections made on the face of it by striking out the wrong item; or 2) record a correction or corrective deed. While some counties prefer re-recording the original deed, others recommend the cleaner recording of a new deed. So it is always a good idea to check with the local recorder's office. The gravity of the error and correction it requires also will determine which option to choose. Use the re-recording of the original deed primarily for smaller typographical mistakes.
When correcting a minor error and re-recording the prior deed, use the original deed only, strike through the wrong information, and write the correction down close to it and by hand. Usually, a cover page must be added, stating the important identifiers, as well as the reason for re-recording. For a more involved error, the correction deed might be a better option. Except for the corrected error, it restates and confirms all information of the prior deed, referencing it by date, recording number, and identifying the corrected error by type. In terms of recording fees, there may be a small difference between the two options in some counties.
A corrective deed is exempt from transfer tax according to 35 ILCS 200/35-41 (d). Add a sentence stating this exemption to the cover page when re-recording the original deed. On the corrective deed form, a tax statement, along with a line for the signature of the buyer, seller, or a representative, serves that purpose.
Deeds.com Illinois Correction Deed Forms Have Been Updated as Recently as Thursday December 7, 2017