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IL HB3150
Bill
Status
8/22/2017
Primary Sponsor
Frances Hurley
Click for details
AI Summary
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Amends the Counties Code to establish a fraud referral and review process allowing county recorders to identify and refer suspected fraudulent property documents to administrative law judges for determination.
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Recorders in counties with populations under 3 million must provide 90 days public notice before establishing the fraud review process, published in newspapers and posted on the recorder's website and office.
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Identifies 19 factors recorders may consider when determining whether to refer documents as potentially fraudulent, including forged signatures, manipulated legal forms, maritime liens lacking Coast Guard authorization, and documents asserting nonexistent fines.
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Requires administrative law judges to schedule hearings within 30 days of referral and use a "clear and convincing evidence" standard; if fraud is found, the recorder must record a judgment within 5 business days stating the document does not affect the property's chain of title.
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Protects recorders from personal liability except for willful or wanton conduct, allows recorders to retain filing fees for fraudulent documents, and does not require property owners to use this process or preclude criminal investigations by law enforcement.
Legislative Description
COUNTIES-FRAUD REFERRAL REVIEW
Last Action
Public Act . . . . . . . . . 100-0276
8/22/2017