UPDATE APRIL 2016: In an effort to provide more clarity to who can e-record deeds and who cannot, the text that follows is what is sent to those entities who turn in their Acknowledgement Form – Please subscribe to our Blog on our Homepage to be notified when law firms are eligible to begin e-recording EXEMPT deeds –
Please be aware that there are currently two eligibility standards for e-recording, based on whether you plan to e-record deeds/conveyances or not. At this time, only title companies may e-record deeds/conveyances; e-recording of non-conveyance documents like Mortgages, Assignments, and Releases, is open to any entity that complies with basic recording requirements, and e-recording requirements. More info here: http://cookrecorder.com/faqs/#basics.
Before you electronically submit any deeds directly, you must obtain contractual approval as a stamp authorizer – and a corresponding Settlement Agency MyDec Account – from the State of Illinois – Department of Revenue. This is a requirement to electronically record deeds and conveyances, even if they are exempt from real estate transfer tax. Once you are approved and able to transmit daily the transfer taxes owed by ACH to CCRD, you will be eligible to e-record deeds.
Put simply, a “stamp authorizer” has been given permission to record deeds in lieu of immediate payment of real estate transfer taxes so long as the total daily amount of tax owed is paid to CCRD in a reasonable time.
More info on the various Account types here:
The above Account restrictions are not in place for e-recording non-conveyance documents like mortgages, liens and releases.
If you are not currently e-recording with Cook County, you will need to create an account with an approved submitter company, which include: Simplifile; E-recording Partners Network (ePN), or CSC. More info here: http://cookrecorder.com/faqs/#basics
Lastly, we are currently exploring technological options to further expand e-recording of deeds beyond title companies to more filers; please subscribe to our blog at CookRecorder.com (email signup at bottom of page) to be notified of new e-recording options or policies.
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Starting Tuesday, August 25, Cook County will officially open its “e-recording” options to include deeds and conveyance documents. Passage of a state law to allow for electronic issuance of state and county revenue stamps was a necessary precursor, as was a great deal of software re-programming. All of this effort was put forth in support of our Mission – Accuracy-Efficiency-Advocacy – and we hope that routine users of our office will recognize and appreciate that these changes will make our industry as a whole more accurate and efficient, and move us to the next generation of public recording.
Before your company can e-record deeds, you must read our guidelines, and return this signed acknowledgement form.
As we open this new service to more companies, we thank you in advance for your understanding that this will be a learning process for end-users, submitters and CCRD. We will make every effort to provide the best customer service and case management when documents must be rejected, and more importantly, education on how these documents should be submitted.
If your company has been waiting to try out e-recording until all document types can be recorded this way, we hope that you will see that it’s now time to explore this avenue to increase accuracy and efficiency on both sides of the counter.
As soon as you are able, have an authorized person from your company complete and return the acknowledgement form. At that time, we will add you to the approved list.
Below are the guidelines, and at this link you can download the necessary agreement form to sign and return.
PROCESS to E-RECORD DEEDS
In summary, the process works like this:
- The Title Company/Attorney/User creates their PTAX/Declarations in MyDec, ensuring all information is accurate. (NOTE: See the E-Recording Checklist below for information needing confirmation).
For My Dec support: Call 1-844-445-1114.
- The Title Company/Attorney/User then transmits the unique Declaration ID number with their submission through their submitter; please make sure your submitter/vendor is configured with eRX to transmit this information. (IMPORTANT: attaching a scanned copy of the MyDec or PTAX and sending it with the document image is no longer needed. Going forward, any exhibits that are received with a document image will be recorded and you will be charged as a page. Refunds or re-recordings will not be processed for mistakes such as this.)
For e-recording support, please work with your vendor/submitter
- CCRD staff uses that Declaration ID to access the PTAX forms for that document; verifies the PTAX is correct; verifies that all basic and usual recording requirements are met for the document (NOTE: See the E-Recording Checklist below for information needing confirmation); and then accepts both the deed and the declarations.
- Upon acceptance, CCRD will electronically affix the transfer stamp information in the blank space reserved for our use, as shown in the image below, making stickers or adhesive stamps unnecessary. (NOTE: This is a relatively new statutory change: State of Illinois 35 ILCS 200/31-15 – Collection of Tax Cook County Sec. 74-101.)
For support on individual documents or rejections, contact Deputy Recorder John Mirkovic at (312) 603-5065 or the office referenced in the Reason for Rejection.
- The system will then return the recordings to you as usual.
THIS IS AN EXAMPLE OF HOW THE NEW INDICIA WITH DIGITAL REVENUE STAMPS WILL LOOK:
Before we can accept deeds electronically from your company, we need you to understand and agree to the following guidelines:
- To e-record deeds with Cook County, your company must be a user of MyDec and have an agreement with a County-approved e-recording “submitter.”
- Additionally, you must be pre-cleared by the City of Chicago and Cook County so that you can authorize stamps before they are purchased. ACH transfers are required by the end of the day for all stamps used in that recording day. For more information on this process, visit http://tax.illinois.gov/LocalGovernment/PropertyTax – If you have further questions about this item, call: 1-844-445-1114 or Rev.MyDecAdmin@illinois.gov
- You understand that delayed or non-payment of stamp revenue to CCRD may result in suspension of e-recording access. This is generally handled by your submitter.
- You understand that because legal descriptions are required in PTAX forms, and that because the MyDec configuration does not allow image attachments, you may not simply put SEE ATTACHED in the legal description box in MyDec. The full legal must be entered as text (or copy/pasted from an existing legal description file) in that MyDec field so it can be sent to CCRD. If we don’t see the legal in text form, the declaration, deed, and the entire payload will be rejected. Please also note that scanning a MyDec confirmation printout and sending with your document will result in that page being recorded and charged as a page.
- You must fulfill all municipal requirements such as municipal stamps and obtaining water certifications prior to submission. Our e-recording system is not configured for you to send copies of non-recorded certifications, so it is important that you affix any local stamps to your deed before scanning, as we will treat the presence of these stamps as evidence that municipal requirements were met. If a municipality only provides non-recordable certification pages (no stamp or sticker), then it is your responsibility to ensure local requirements were met before submitting. Anything sent as part of the image file of the document will be publicly recorded and charged as a page.
- Your e-recording submitter must have their software configured to allow you to send us the Declaration ID with each document.
- You agree to fix any issue that caused the rejection before resubmitting documents that were rejected. If the document is not fit for e-recording, you must record the original over the counter.
- You also agree that if a document is erroneously accepted when it should have been rejected, that this should not be considered a policy change.
- You understand that these guidelines may change or be modified, and if so, CCRD will notify you in writing.
CCRD E- Recording Checklist
Please confirm that all the following tasks have been completed prior to each submission. For a more detailed list of recording requirements and e-recording requirements in Cook County, visit CookRecorder.com/faqs
Disclaimer: In addition to the tasks listed below, submitters are also obligated to follow any additional recording requirements that are not explicitly listed here.
- The name and address of the person who prepared the instrument should be listed on the document.
- Purchase My Dec revenue stamps prior to submitting document to the E-recording system (State, County) ( City of Chicago & other municipalities if applicable)
- Does the conveyance meet municipalities’ requirements for recording transfer tax or transfer tax exemptions?
- Exempt transfer language (if applicable) on conveyance. Example: “Exempt under Real Estate Transfer Law Tax 35 ILCS 200/31-45 sub par ___ and Cook County Ord. 93-O-27 par __ Signature_____________ Date__________________”.
- Complete Legal Description typed (or copy/pasted) in the legal field on the MyDec as it appears on the instrument.
- Information from the MyDec (Name, Property Address, PIN Number, Legal Description) must match the information on the instrument.
- Property Related to “Cook County” only.
- Notary Seal and Signature should be visible on the instrument.
- Grantor Signatures on deed.
- Statement of Grantor / Grantee Affidavit (if applicable).
- No unnecessary pages sent with document image.
- Instrument states “tax bill mailing info” & grantees name and address according to “765 ILCS 5/9 & 10”.
- Document is clearly scanned as TIFF only, is legible, and all text at least 10-point font.