Illinois Quitclaim Deed

Quitclaim Deed Form Requirements for Illinois

765 ILCS 5/10 contains the basic statutory form and requirements for a quitclaim deed. In order to be valid, the quitclaim deed must contain the grantor's name and address, the grantee's name and address (55 ILCS 5/3-5020, 5026), the consideration (usually money), a complete legal description of the property, the county where the property is located, the date the deed was executed, and the grantor's notarized signature. 55 ILCS 5/3-5020.5 adds a few more essential details: a return address for use after recordation, and the document and book/page numbers from prior deeds relating to the specific parcel of real estate. 55 ILCS 5/3-5022 expands the necessary information to include a "prepared by" statement containing the name and address of the individual who prepared the quit claim deed. 55 ILCS 5/3-5027 states that in addition to the complete property description, the instrument must also contain the assessor's section or lot and block identifiers, and real estate index ID if available. Further, 765 ILCS 5/27 provides that if the quit claim deed is conveying a property identified as a homestead, both the grantor and his/her spouse must sign, regardless of whether or not the spouse holds title to the land. If the grantor is married and the real estate is not a homestead, include a comment to that effect.

Recording:
55 ILCS 5/3-5018, 765 ILCS 5/10, 5/28 outline the recording requirements for a quit claim deed.
* For each signature, the signor's name must be typed or printed below the signatures.
* The top right of the first page should have a blank space measuring 3" x 5" for the recorder's use. All other margins, including other pages, should be " all around.
* All documents conveying an interest in real property must be in writing, in permanent black ink, and on white paper (minimum 20lb. weight.)
* Print the quit claim deed on individual sheets of business-sized (8" x 11") paper that is not stapled or otherwise permanently bound.
* Do not staple, clip, tape, or attach any information to the pages.
* To record the deed properly, submit it to the recorder for the county where the land is situated.

Illinois follows a "notice" recording statute, as defined in 765 ILCS 5/30-31. All correctly executed deeds are in force from and after the time of filing for recordation. Until the documents are entered into the public record, there is no formal notice of the change in ownership. This means that if the grantor conveys the land to one grantee and the quit claim deed is not recorded, and the grantor later conveys the same land to a different grantee and that deed is recorded, the earlier grantee loses rights to the property. In short, recording the deed as soon as possible after executing it is the best way to protect the interests of all involved parties.

(Illinois Quitclaim Deed Package includes form, guidelines, and completed example)