Monthly Archives: October 2015

E-recording in Cook County: Needs work

I love techno advances that save time and make life easier. I am not a fan of technology that complicates things. The Cook County Recorder’s office new e-recording system for deeds and mortgages is in the second category.

In the past, recording a deed meant driving to the recorder’s office standing in line and recording the document in person.

Many states now allow e-recording, which means you can record a document online from your computer. There is a great software program called Simplifile that helps to do this. It’s a wonder , super-easy to use and makes it really easy to record deeds online.

Cook County uses Simplifile, but Cook stacks a bunch of requirements on e-recording that make it really hard, almost impossible, to record a deed electronically. My office records a lot of deeds, mostly deeds to living trusts. These are called “exempt” deeds, meaning  that no transfer tax is paid because there is no sales price paid.

To record an exempt deed, first Cook requires you to fill out a complete MyDec form for an exempt deed. This is not required if you show up at the recorder’s office to record an exempt deed. It takes about 15-20 minutes to fill out a MyDec form online. Why would I do that when I can record the exempt deed in person without filling it out?

Second, Cook County requires that you be reqistered as a title company with MyDec, which requires filling out a bunch of forms that have to be approved by the county.

So, while I can e-record deeds very easily in most counties in the country I can’t record a deed in the county where I live.

New Living Trust certification form in IL

Would you want to hand out a copy of your living trust to complete strangers? No one wants to do that, but it the past, it was common to have to furnish a complete copy of your living trust if you were:

1. Opening a bank account.
2. Opening a brokerage account.
3. Selling or refinancing your home.
Now, furnishing a copy of your living trust to third parities is no longer necessary in Illinois.
A new law enacted in August 2015 allows those with living trusts to sign a trust certification instead of furnishing the entire trust to third parties like banks, brokerage houses and title companies. The trust certification form is here: Statutory_Certification_of_Trust