Real Estate Deeds

Illinois Grant Deed

A grant deed in Illinois must be in writing and is required to be signed by the grantor in order to sufficiently convey real estate from a grantor to a grantee. A grant deed, like a warranty deed, also contains covenants of title, but the grantor warrants only against defects that arose through the grantor's own acts or omissions. A grant deed does not warrant against defects or claims against the property that arose prior to the grantor's ownership.

In order to be considered for recording, a grant deed must be signed by the grantor, and acknowledged before an authorized official. In addition, all grant deeds submitted for recording must be accompanied by an Illinois Transfer Declaration. Grant deeds acknowledged in Illinois can be done so before a notary public, United States commissioner, county clerk, or any court, judge, clerk, or deputy clerk of such court. When acknowledged before a notary public or United States commissioner, the acknowledgement should be attested by his or her official seal; and if acknowledgements are taken before a judge or clerk of court, the acknowledgment should be attested by the seal of the court (765 ILCS 5/20). A grant deed acknowledged in a state outside of Illinois must still comply with the Illinois recording requirements. Acknowledgments taken in other states may be taken before any of the officers listed in 765, 5/20 of the Illinois Compiled Statutes.

When submitting a grant deed for recordation, it should be submitted to the county clerk of the county where the property is located (765 ILCS 5/28). All deeds that are authorized to be recorded will take effect and be in force from and after the time the deed is filed for record with the county recorder, and not before, as to all creditors and subsequent purchasers without notice. All such deeds will be void as to all such creditors and subsequent purchasers without notice until they are filed for record (765 ILCS 5/30). Illinois Grant Deed Forms Have Been Updated as Recently as Monday April 23, 2018