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IL HB3150

Bill

Status

Passed

8/22/2017

Primary Sponsor

Frances Hurley

Click for details

Origin

House of Representatives

100th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Local Government4/25/2017
Assignments4/20/2017
Counties & Townships2/22/2017
Rules2/9/2017

Full Bill Text

No bill text available