Real Estate Deeds

Illinois Warranty Deed Form

A deed in writing that has been signed by the grantor will sufficiently convey real estate to the grantee. The Illinois Compiled Statutes contain the language that may be used for a conveyance of real property. The statutory deed contains covenants on the part of the grantor that (1) at the time of the making and delivery of the deed, the grantor was the lawful owner of an indefeasible estate in fee simple of the premises described, and has good right and full power to convey the same; (2) that the premises were free from all encumbrances; and (3) that the grantor warrants to the grantee, his heirs, and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same (765 ILCS 5/9). These covenants of warranty apply to a warranty deed in this state.

The grantor to a warranty deed in Illinois must sign the document and have his or her signature acknowledged. Transfer declarations must also accompany all warranty deeds submitted for recording. If a warranty deed is acknowledged in Illinois, acknowledgements may be taken before a notary public, United States commissioner, county clerk, or any court, judge, clerk, or deputy clerk of such court. When acknowledgements are taken before a notary public or United States commissioner, they shall be attested by his or her official seal; and if taken before a judge or clerk of a court, the acknowledgements shall be attested by the seal of the court (765 ILCS 5/20). If acknowledgements are taken outside of the state of Illinois, they may be taken before any of the officers listed in section 765, 5/20 of the Illinois Compiled Statutes. A warranty deed acknowledged in a state outside of Illinois must still comply with the Illinois recording requirements.

Warranty deeds should be recorded in 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 Warranty Deed Forms Have Been Updated as Recently as Thursday January 18, 2018