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Illinois Grant Deed

A grant deed, also referred to as a bargain and sale deed, is a legal document used to transfer, or convey, rights in real property from a grantor (seller) to a grantee (buyer). It contains covenants that the grantor has not previously sold the real property interest being conveyed to the grantee, and warrants that the property is conveyed to the grantee without any liens or encumbrances except for those specifically disclosed in the deed. Therefore, if the grantee later discovers that the grantor has sold the property to a third party, or if there are undisclosed encumbrances, the grantee may be able to sue the grantor for damages.

Lawful deeds include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Illinois residential property, the primary methods for holding title in co-ownership are tenancy in common, joint tenancy and tenancy by entirety. A grant of ownership of real estate to two or more persons creates a tenancy in common, unless a joint tenancy or tenancy by the entirety is specified. (765 ILCS 1005/1, 1005/1c.).

As with any conveyance of real estate, a grant deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. The deed must meet all state and local standards for recorded documents. Finally, the grantor signs the completed document in front of a notary. Once acknowledged, record the deed in the recorder's office in the county where such lands are located. Make sure to include all relevant documents, affidavits, forms, and fees.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with questions about grant deeds or for any other issues related to the transfer of real property in Illinois.

Deeds.com Illinois Grant Deed Forms Have Been Updated as Recently as Friday October 8, 2021

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Rebecca H. said: I thought the forms were reasonably priced, the instructions included in the packet were thorough, and the examples helpful. Thank you for the additional CDR forms too. I contacted the Recorder's office via email with a question and Jennifer Bowser answered promptly. Job well done! However, when I delivered the deed and Real Property Transfer Declaration to the Clerk's office in Lafayette, the clerk was unfamiliar with the Declaration document being submitted and it took some time to convince her to submit the form without charging the recording fee. She even tried to phone the recorder's office for clarification, but no one answered. There then was an additional form at that office that I had to complete called Recording Request/Transmittal Form. I would suggest including that form with instructions in your on-line packet to speed up the process when a Deed is delivered to the County Clerk's satellite office. I do not expect every clerk to know all the particulars of recording requirements but a little knowledge wouldn't hurt.

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Illinois Grant Deed Form