Bill > SB1523

This bill amends the Illinois Counties Code to strengthen protections against property deed fraud by establishing comprehensive measures to detect, review, and prevent fraudulent property document filings. Every county is now required to establish a property fraud alert system that allows property owners to register and receive notifications when documents are recorded related to their property. Recorders must create a fraud referral and review process to examine potentially fraudulent deeds or instruments, with specific criteria for identifying suspicious documents, such as unusual notarization, non-standard punctuation, or documents that appear to dispute legitimate transactions. If a recorder identifies a potentially fraudulent document, they must notify the property owner and can refer the document to an administrative law judge for review. The bill also introduces a new private right of action, meaning that individuals who file fraudulent documents can be sued by the rightful property owner in a court of competent jurisdiction. To protect property owners, the bill requires detailed notice procedures, allows for administrative review, and provides a mechanism to flag and potentially invalidate fraudulent documents. Importantly, the bill includes provisions that limit the liability of recorders, county officials, and third-party vendors operating fraud alert systems, except in cases of willful misconduct.

Justice

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1523&GAID=18&DocTypeID=SB&SessionID=114&GA=104