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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3703

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

20 ILCS 1205/6
55 ILCS 5/3-5018.2
55 ILCS 5/4-12002.3
735 ILCS 5/15-1301

from Ch. 110, par. 15-1301
765 ILCS 5/11

from Ch. 30, par. 10

Specifies that the amendatory Act may be referred to as the
Affordability Crisis in Housing Act. Amends the Financial Institutions
Act. Requires that the Department of Financial and Professional Regulation
establish, maintain, and publish on its website a registry of nominees of
mortgagees. Amends the Counties Code. Requires each county board to adopt
revisions to its predictable fee schedule to include an additional $150
fee for a nominee of a mortgagee to record a mortgage, including an
assignment, extension, amendment, or subordination, beginning no later
than one year after the effective date of the amendatory Act. Creates an
exception for the recording of a release of mortgage by the nominee of the
mortgagee. Provides that of the additional $150, $120 is to be collected by
the county as an additional Rental Housing Support Program State surcharge
and deposited into the Rental Housing Support Program Fund, and $30 is to
be collected by the county as a county fee with $25 to be used by the
county for development and maintenance of its affordable housing capacity
and $5 to be deposited into the recorder's special funds created to defray
the cost of providing electronic or automated access to the county's
property records. Amends the Code of Civil Procedure. Provides that a lien
is not created if a nominee of a mortgagee fails to provide the recorder
with the cover sheet required to accompany a mortgage under the
Conveyances Act. Amends the Conveyances Act. Requires that all mortgages
or assignments of mortgage recorded by or for a nominee must be recorded
with a cover sheet explaining any fees that are charged, the identity of
the nominee of the mortgagee, and the process that may be used by the
mortgagor to track the mortgage.
LRB104 20602 JRC 34093 b

A BILL FOR

SB3703
LRB104 20602 JRC 34093 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be referred to as the
5
Affordability Crisis in Housing Act.

6

Section 3.
Legislative intent.
7

(a) In 2005, the General Assembly found that there was a
8
compelling State interest in enacting the Rental Housing
9
Support Program Act because in many parts of this State large
10
numbers of citizens were unable to secure affordable rental
11
housing.
12

(b) Twenty years later, the General Assembly finds that
13
the issue of affordability has progressed into a severe crisis
14
requiring immediate attention and additional resources. The
15
Rental Housing Support Program Act is the only source of State
16
funding currently available to severely cost-burdened renters.
17
One in 3 Illinois households currently pays more than
18
one-third of their income toward rent, and one in 6 households
19
pay over one-half of their income in rent. An additional
20
294,000 affordable rental units are needed in the State to
21
meet the needs of these households. Illinois should build on
22
the successes of the Rental Housing Support Program Act to
23
meet this current crisis. The Rental Housing Support Program

SB3703
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1
receives a small portion of real estate recording fees, but it
2
is estimated that a majority of mortgages recorded in Illinois
3
are recorded by a nominee and use private databases to track
4
later assignments. This private mortgage tracking loophole
5
leads to a significant loss of recording fees, including those
6
collected under the Counties Code for purposes of the Rental
7
Housing Support Program.
8

(c) Private mortgage tracking systems make it difficult
9
for Illinois homeowners to find information on the current and
10
past owners of their mortgages because the ability of clerks'
11
and recorders' offices to track these mortgages is impaired.
12
The private tracking loophole is widely considered to have
13
contributed significantly to the 2008 mortgage foreclosure
14
crisis and continues to burden homeowners and introduce
15
instability into the mortgage market.

16

Section 5.
The Financial Institutions Act is amended by
17
changing Section 6 as follows:

18

(20 ILCS 1205/6)
19

Sec. 6.
General powers and duties.
In addition to the
20
powers and duties provided by law and imposed elsewhere in
21
this Act, the Division has the following powers and duties:
22

(1) To administer and enforce the Consumer Installment
23

Loan Act and its implementing rules.
24

(2) To administer and enforce the Currency Exchange

SB3703
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1

Act and its implementing rules.
2

(3) To administer and enforce the Debt Management
3

Service Act and its implementing rules.
4

(4) To administer and enforce the Debt Settlement
5

Consumer Protection Act and its implementing rules.
6

(5) To administer and enforce the Illinois Development
7

Credit Corporation Act and its implementing rules.
8

(6) To administer and enforce the Payday Loan Reform
9

Act and its implementing rules.
10

(7) To administer and enforce the Safety Deposit
11

License Act and its implementing rules.
12

(8) To administer and enforce the Sales Finance Agency
13

Act and its implementing rules.
14

(9) To administer and enforce the Title Insurance Act
15

and its implementing rules.
16

(10) To administer and enforce the Transmitters of
17

Money Act and its implementing rules.
18

(11) To administer and enforce the Predatory Loan
19

Prevention Act and its implementing rules.
20

(12) To administer and enforce the Motor Vehicle
21

Retail Installment Sales Act and its implementing rules.
22

(13) To administer and enforce the Retail Installment
23

Sales Act and its implementing rules.
24

(14) To administer and enforce the Illinois Credit
25

Union Act and its implementing rules.
26

(15) To administer and enforce the Collection Agency

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1

Act and its implementing rules.
2

(16) To administer and enforce the Consumer Legal
3

Funding Act and its implementing rules.
4

(17) To administer and enforce this Act and any other
5

Act administered by the Director or Division.
6

(18) To authorize and administer examinations to
7

ascertain the qualifications of applicants and licensees
8

for which the examination is held.
9

(19) To conduct hearings in proceedings to revoke,
10

suspend, refuse to renew, or take other disciplinary
11

action regarding licenses, charters, certifications,
12

registrations, or authorities of persons as authorized in
13

any Act administered by the Division.
14

(20) To establish, maintain, and publish on its public
15

website a registry of nominees of mortgagees as defined in
16

Section 11 of the Conveyances Act and to adopt and enforce
17

rules necessary for the administration and enforcement of
18

the Affordability Crisis in Housing Act including, but not
19

limited to, rules concerning the maintenance of a
20

nonpublic administrative database that is only accessible
21

by county clerks.

22

Whenever the Division is authorized or required by law to
23
consider some aspect of criminal history record information
24
for the purpose of carrying out its statutory powers and
25
responsibilities, then, upon request and payment of fees in
26
conformance with the requirements of Section 2605-400 of the

SB3703
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1
Illinois State Police Law, the Illinois State Police is
2
authorized to furnish, pursuant to positive identification,
3
the information contained in State files that is necessary to
4
fulfill the request.
5
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
6
102-975, eff. 1-1-23; 103-154, eff. 6-30-23; 103-1014, eff.
7
8-9-24.)

8

Section 10.
The Counties Code is amended by changing
9
Sections 3-5018.2 and 4-12002.3 as follows:

10

(55 ILCS 5/3-5018.2)
11

Sec. 3-5018.2.
Predictable fee schedule for recordings in
12
first and second class counties.
13

(a) The fees of the recorder in counties of the first and
14
second class for recording deeds or other instruments in
15
writing and maps of plats of additions, subdivisions, or
16
otherwise and for certifying copies of records shall be paid
17
in advance and shall conform to this Section. The fees or
18
surcharges shall not, unless otherwise provided in this
19
Section, be based on the individual attributes of a document
20
to be recorded, including, but not limited to, page count;
21
number, length, or type of legal descriptions; number of tax
22
identification or other parcel-identifying code numbers;
23
units; number of common addresses; number of references
24
contained as to other recorded documents or document numbers;

SB3703
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LRB104 20602 JRC 34093 b
1
or any other individual attribute of the document. The fees
2
charged under this Section shall be inclusive of all county
3
and State fees that the county may elect or is required to
4
impose or adjust, including, but not limited to, GIS fees,
5
automation fees, document storage fees, and the Rental Housing
6
Support Program State and county surcharges.
7

(b) A county of the first or second class shall adopt and
8
implement, by ordinance or resolution, a predictable fee
9
schedule as provided in subsection (c)
that eliminates
10
surcharges or fees based on the individual attributes of a
11
document to be recorded
. If a county has previously adopted an
12
ordinance or resolution adopting a predictable fee schedule,
13
the county must adopt an ordinance or resolution revising that
14
predictable fee schedule to be consistent with this Section.
15
After a document class predictable fee is approved by a county
16
board consistent with this Section, the county board may, by
17
ordinance or resolution, increase the document class
18
predictable fee and collect the increased fees if the
19
established fees are not sufficient to cover the costs of
20
providing the services related to the document class for which
21
the fee is to be increased.
22

For the purposes of the fee charged, the ordinance or
23
resolution shall divide documents into the classifications
24
specified in subsection (c), and shall establish a single,
25
all-inclusive county and State-imposed aggregate predictable
26
fee charged for each classification of document at the time of

SB3703
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1
recording for that document. Each document, unless otherwise
2
provided in this Section, shall fall within one of the
3
document class predictable fee classifications set by
4
subsection (c), and fees for each document class shall be
5
charged only as allowed by this Section.
6

Before approval of an ordinance or resolution under this
7
subsection that creates or modifies a predictable fee
8
schedule, the recorder or county clerk shall post a notice in
9
the recorder's or clerk's office at least 2 weeks prior, but
10
not more than 4 weeks prior, to the public meeting at which the
11
ordinance or resolution may be adopted. The notice shall
12
contain the proposed ordinance or resolution number, if any,
13
the proposed document class predictable fees for each
14
classification, and a reference to this Section and this
15
amendatory Act of the 103rd General Assembly. A predictable
16
fee schedule takes effect 60 days after an ordinance or
17
resolution is adopted, unless the fee schedule was previously
18
created and the ordinance or resolution is a modification
19
allowed under this Section.
20

Nothing in this Section precludes a county board from
21
adjusting amounts or allocations within a given document class
22
predictable fee when the document class predictable fee is not
23
increased or precludes an alternate predictable fee schedule
24
for electronic recording within each of the classifications
25
under subsection (c).
26

The county board may, by ordinance or resolution, increase

SB3703
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1
the fees allowed in the predictable fee schedule if the
2
increase is justified by an acceptable cost study or internal
3
analysis of a minimum of 3 years showing that the fees allowed
4
by this Section are not sufficient to cover the cost of
5
providing the service.
6

A statement of the cost of providing each service,
7
program, and activity shall be prepared by the county board.
8
All supporting documents to the statement are public records
9
and subject to public examination and audit. All direct and
10
indirect costs, as defined in the United States Office of
11
Management and Budget Circular A-87, may be included in the
12
determination of the costs of each service, program, and
13
activity.
14

If the Rental Housing Support Program State surcharge is
15
amended and the surcharge is increased or lowered, the
16
aggregate amount of the document predictable fee attributable
17
to the surcharge in the document may be changed accordingly.
18
If any fee or surcharge is changed by State statute, the county
19
may increase the document class fees by the same amount
20
without any cost study.
21

(c) A predictable fee schedule ordinance or resolution
22
adopted under this Section shall list document fees, including
23
document class predictable fees. The document classes shall be
24
as follows:
25

(1) Deeds. The aggregate fee for recording deeds shall
26

not be less than $31 (being a minimum $13 county fee plus

SB3703
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LRB104 20602 JRC 34093 b
1

$18 for the Rental Housing Support Program State
2

surcharge). Inclusion of language in the deed as to any
3

restriction; covenant; lien; oil, gas, or other mineral
4

interest; easement; lease; or a mortgage shall not alter
5

the classification of a document as a deed.
6

(2) Leases, lease amendments, and similar transfer of
7

interest documents. The aggregate fee for recording
8

leases, lease amendments, and similar transfers of
9

interest documents shall not be less than $31 (being a
10

minimum $13 county fee plus $18 for the Rental Housing
11

Support Program State surcharge).
12

(3) Mortgages. The aggregate fee for recording
13

mortgages, including assignments, extensions, amendments,
14

subordinations, and mortgage releases shall not be less
15

than $31 (being a minimum $13 county fee plus $18 for the
16

Rental Housing Support Program State surcharge
unless
17

otherwise provided in subsection (c-1)
).
18

(4) Easements not otherwise part of another
19

classification. The aggregate fee for recording easements
20

not otherwise part of another classification, including
21

assignments, extensions, amendments, and easement releases
22

not filed by a State agency, unit of local government, or
23

school district, shall not be less than $31 (being a
24

minimum $13 county fee plus $18 for the Rental Housing
25

Support Program State surcharge).
26

(5) Nonstandard documents. Any document presented that

SB3703
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LRB104 20602 JRC 34093 b
1

does not conform to the following standards, even if it
2

may qualify for another document class, may be recorded
3

under this document class (5) if the nonstandard document
4

allows a legible reproduction of the document presented:
5

(A) The document shall consist of one or more
6

individual sheets measuring 8.5 inches by 11 inches,
7

not permanently bound, and not a continuous form.
8

Graphic displays accompanying a document to be
9

recorded that measure up to 11 inches by 17 inches
10

shall be recorded without charging an additional fee.
11

(B) The document shall be legibly printed in black
12

ink by hand, type, or computer. Signatures and dates
13

may be in contrasting colors if they will reproduce
14

clearly.
15

(C) The document shall be on white paper of not
16

less than 20-pound weight and shall have a clean
17

margin of at least one-half inch on the top, the
18

bottom, and each side. Margins may be used only for
19

non-essential notations that will not affect the
20

validity of the document, including, but not limited
21

to, form numbers, page numbers, and customer
22

notations.
23

(D) The first page of the document shall contain a
24

blank space, measuring at least 3 inches by 5 inches,
25

from the upper right corner.
26

(E) The document shall not have any attachment

SB3703
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LRB104 20602 JRC 34093 b
1

stapled or otherwise affixed to any page.
2

(F) The document makes specific reference to 5 or
3

fewer tax parcels, units, property identification
4

numbers, or document numbers.
5

The aggregate fee for recording a nonstandard document
6

shall not be less than $31 (being a minimum $13 county fee
7

plus $18 for the Rental Housing Support Program State
8

surcharge). A county may adopt by ordinance and publish
9

with its fee schedule an additional fee or formula for a
10

document that makes specific reference to more than 5 tax
11

parcels, units, property identification numbers, or
12

document numbers.
13

(6) (Blank).
14

(7) Miscellaneous. The aggregate fee for recording
15

documents that do not otherwise fall within
16

classifications under paragraphs (1) through (6) or
17

paragraph (8) or (9) and that are not otherwise exempted
18

documents shall not be less than $31 (being a minimum $13
19

county fee plus $18 for the Rental Housing Support Program
20

State surcharge).
21

(8) Maps or plats of additions, subdivisions, or
22

otherwise. For recording maps or plats of additions,
23

subdivisions, or otherwise, the minimum fee shall be $50.
24

(9) Other. Documents presented that meet the following
25

criteria shall be charged as follows, notwithstanding
26

document classes (1) through (8):

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LRB104 20602 JRC 34093 b
1

(A) A document recorded pursuant to the Uniform
2

Commercial Code shall be charged as provided in the
3

Uniform Commercial Code or as otherwise by law.
4

(B) A State tax lien or a federal tax lien shall be
5

charged as otherwise provided by law or ordinance,
6

except that the minimum fee that shall be collected
7

from the Department of Revenue for filing or indexing
8

a tax lien, certificate of lien release or
9

subordination, or any other type of notice or other
10

documentation affecting or concerning a tax lien is
11

$11, and the minimum fee that shall be collected from
12

the Department of Revenue or Internal Revenue Service
13

for indexing each additional name in excess of one for
14

any lien, certificate of lien release or
15

subordination, or any other type of notice or other
16

documentation affecting or concerning a lien is $1.
17

(C) A document recorded by a unit of local
18

government, State agency, or public utility, as that
19

term is defined in Section 3-105 of the Public
20

Utilities Act, may be charged a minimum fee for any
21

instrument presented for recording that falls under
22

the guideline of the predictable fee schedule as
23

follows: a $12 county fee, a $3 GIS fee, and a $3
24

automation fee, document storage fee, or both. Fees
25

under this subparagraph may be increased or any other
26

applicable fee may be imposed if adopted by a county

SB3703
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LRB104 20602 JRC 34093 b
1

board resolution or ordinance and justified by an
2

acceptable cost study showing that the fees allowed by
3

this subparagraph are not sufficient to cover the cost
4

of providing the service.
5

(D) For recording any document that affects an
6

interest in real property, other than documents which
7

solely affect or relate to an easement for water,
8

sewer, electricity, gas, telephone, or other public
9

service, the recorder shall charge a minimum fee of $1
10

per document to all filers of documents not filed by
11

any State agency, any unit of local government, any
12

public utility, as that term is defined in Section
13

3-105 of the Public Utilities Act, or any school
14

district. Half of the fee shall be deposited into the
15

county general revenue fund. The remaining half shall
16

be deposited into the County Recorder Document Storage
17

System Fund and may not be appropriated or expended
18

for any other purpose. The additional amounts
19

available to the recorder for expenditure from the
20

County Recorder Document Storage System Fund shall not
21

offset or reduce any other county appropriations or
22

funding for the office of the recorder.
23

(c-1) Notwithstanding any other provision of this Section,
24
each county board of a county of the first or second class
25
shall, by ordinance or resolution, adopt revisions to the
26
predictable fee schedule it has established under subsection

SB3703
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LRB104 20602 JRC 34093 b
1
(c) to provide that, beginning no later than one year after the
2
effective date of this amendatory Act of the 104th General
3
Assembly, the aggregate fee for a nominee of a mortgagee to
4
record a mortgage, including an assignment, extension,
5
amendment, or subordination, shall not be less than the
6
aggregate fee provided under paragraph (3) of subsection (c)
7
plus an additional $150 per document. Of the additional $150,
8
$120 shall be collected by the county as an additional Rental
9
Housing Support Program State surcharge and deposited into the
10
Rental Housing Support Program Fund as provided in this
11
Section, and $30 shall be collected by the county as an
12
additional county fee. Of the additional $30 county fee, $25
13
shall be used by the county for development and maintenance of
14
its affordable housing capacity, and $5 shall be deposited
15
into the recorder's special funds created under Section
16
3-5005.4 to defray the cost of providing electronic or
17
automated access to the county's property records. The
18
recorder may, at the recorder's discretion, use moneys in the
19
funds created under Section 3-5005.4 to defray the cost of
20
providing electronic or automated access to the county's
21
property records. The additional fee described in this
22
subsection (c-1) does not apply if the document to be filed is
23
a release of mortgage by the nominee of a mortgagee. As used in
24
this Section, "nominee of a mortgagee" means any person or
25
entity who (i) serves as mortgagee in the land records for a
26
mortgage loan registered on a national electronic database

SB3703
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LRB104 20602 JRC 34093 b
1
that tracks changes in mortgage servicing and beneficial
2
ownership interests in residential mortgage loans on behalf of
3
its members and (ii) is a nominee or agent for the owner of the
4
promissory note or the subsequent buyer, transferee, or
5
beneficial owner of the note.

6

(d) For certified and non-certified copies of records, the
7
recorder and county may set a predictable fee for all copies
8
that does not exceed the highest total recording fee in any
9
established document classes, unless the copy fee is otherwise
10
provided in statute or ordinance. The total fee for a
11
certified copy of a map or plat of an addition, subdivision, or
12
otherwise may not exceed $200.
13

The fees allowed under this subsection apply to all
14
records, regardless of when they were recorded, based on
15
current recording fees. These predictable fees for certified
16
and non-certified copies shall apply to portions of documents
17
and to copies provided in any format, including paper,
18
microfilm, or electronic. A county may adopt a per-line
19
pricing structure for copies of information in database
20
format.
21

(e) As provided under subsection (c), the recorder shall
22
collect an $18 Rental Housing Support Program State surcharge
23
for the recordation of any real estate-related document
. As
24
provided under subsection (c-1), the recorder shall collect an
25
additional $120 Rental Housing Support Program State surcharge
26
for the recordation of any document that is subject to the fee

SB3703
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LRB104 20602 JRC 34093 b
1
described in subsection (c-1)
. Payment of the Rental Housing
2
Support Program State surcharge shall be evidenced by a
3
receipt that shall be marked upon or otherwise affixed to the
4
real estate-related document by the recorder. The form of this
5
receipt shall be prescribed by the Department of Revenue and
6
the receipts shall be issued by the Department of Revenue to
7
each county recorder.
8

The recorder shall not collect the Rental Housing Support
9
Program State surcharge from any State agency, unit of local
10
government, or school district.
11

On the 15th day of each month, each county recorder shall
12
report to the Department of Revenue, on a form prescribed by
13
the Department, the number of real estate-related documents
14
recorded for which the Rental Housing Support Program State
15
surcharge was collected. Each recorder shall submit
$18 of

16
each surcharge collected in the preceding month to the
17
Department of Revenue and the Department shall deposit these
18
amounts in the Rental Housing Support Program Fund. Subject to
19
appropriation, amounts in the Fund may be expended only for
20
the purpose of funding and administering the Rental Housing
21
Support Program.
22

As used in this subsection, "real estate-related document"
23
means that term as it is defined in Section 7 of the Rental
24
Housing Support Program Act.
25

(f) A county board in counties of the first and second
26
class may allow, by ordinance, a recorder to charge the

SB3703
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1
following fees in addition to those fees otherwise allowed
2
under this Section:
3

(1) Automation fee. A minimum automation fee of $3 may
4

be charged for filing every instrument, paper, or notice
5

for record in order to defray the cost of converting the
6

recorder's document storage system to computers or
7

micrographics and in order to defray the cost of providing
8

access to records through the Internet. A special fund
9

shall be established by the treasurer of a county, and the
10

moneys collected through the automation fee shall be
11

deposited into the special fund and used for a document
12

storage system to provide the equipment, materials, and
13

necessary expenses incurred to help defray the costs of
14

implementing and maintaining the document record system
15

and for a system to provide electronic access to those
16

records.
17

(2) GIS fee. In a county that provides and maintains a
18

countywide map through a geographic information system, a
19

minimum GIS fee of $3 may be charged for filing every
20

instrument, paper, or notice for record in order to defray
21

the cost of implementing or maintaining the county's
22

geographic information system and in order to defray the
23

cost of providing electronic or automated access to the
24

county's geographic information system or property
25

records. Of that amount, a minimum of $2 must be deposited
26

into a special fund established by the treasurer of the

SB3703
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LRB104 20602 JRC 34093 b
1

county, and any moneys collected through the GIS fee shall
2

be deposited into that special fund and used for the
3

equipment, materials, and necessary expenses incurred in
4

implementing and maintaining the geographic information
5

system and to defray the cost of providing electronic
6

access to the county geographic information system
7

records. The remaining $1 must be deposited into the
8

recorder's special funds created under Section 3-5005.4.
9

The recorder may, at the recorder's discretion, use moneys
10

in the funds created under Section 3-5005.4 to defray the
11

cost of implementing or maintaining the county's
12

geographic information system and to defray the cost of
13

providing electronic access to the county's geographic
14

information system records.
15
(Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25
.)

16

(55 ILCS 5/4-12002.3)
17

Sec. 4-12002.3.
Predictable fee schedule for recordings in
18
third class counties.
19

(a) The fees of the recorder in counties of the third class
20
for recording deeds or other instruments in writing and maps
21
of plats of additions, subdivisions, or otherwise and for
22
certifying copies of records shall be paid in advance and
23
shall conform to this Section. The fees or surcharges shall
24
not, unless otherwise provided in this Section, be based on
25
the individual attributes of a document to be recorded,

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LRB104 20602 JRC 34093 b
1
including, but not limited to, page count; number, length, or
2
type of legal descriptions; number of tax identification or
3
other parcel-identifying code numbers; number of common
4
addresses; number of references contained as to other recorded
5
documents or document numbers; or any other individual
6
attribute of the document. The fees charged under this Section
7
shall be inclusive of all county and State fees that the county
8
may elect or is required to impose or adjust, including, but
9
not limited to, GIS fees, automation fees, document storage
10
fees, and the Rental Housing Support Program State and county
11
surcharges.
12

(b) A county of the third class shall adopt and implement,
13
by ordinance or resolution, a predictable fee schedule as
14
provided in subsection (c)
that eliminates surcharges or fees
15
based on the individual attributes of a document to be
16
recorded
. If a county has previously adopted an ordinance or
17
resolution adopting a predictable fee schedule, the county
18
must adopt an ordinance or resolution revising that
19
predictable fee schedule to be consistent with this Section.
20
After a document class predictable fee is approved by a county
21
board consistent with this Section, the county board may, by
22
ordinance or resolution, increase the document class
23
predictable fee and collect the increased fees if the
24
established fees are not sufficient to cover the costs of
25
providing the services related to the document class for which
26
the fee is to be increased.

SB3703
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1

For the purposes of the fee charged, the ordinance or
2
resolution shall divide documents into the classifications
3
specified in subsection (c), and shall establish a single,
4
all-inclusive county and State-imposed aggregate predictable
5
fee charged for each classification of document at the time of
6
recording for that document. Each document, unless otherwise
7
provided in this Section, shall fall within one of the
8
document class predictable fee classifications set by
9
subsection (c), and fees for each document class shall be
10
charged only as allowed by this Section.
11

Before approval of an ordinance or resolution under this
12
subsection that creates or modifies a predictable fee
13
schedule, the recorder or county clerk shall post a notice in
14
the recorder's or clerk's office at least 2 weeks prior, but
15
not more than 4 weeks prior, to the public meeting at which the
16
ordinance or resolution may be adopted. The notice shall
17
contain the proposed ordinance or resolution number, if any,
18
the proposed document class predictable fees for each
19
classification, and a reference to this Section and this
20
amendatory Act of the 103rd General Assembly. A predictable
21
fee schedule takes effect 60 days after an ordinance or
22
resolution is adopted, unless the fee schedule was previously
23
created and the ordinance or resolution is a modification
24
allowed under this Section.
25

Nothing in this Section precludes a county board from
26
adjusting amounts or allocations within a given document class

SB3703
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LRB104 20602 JRC 34093 b
1
predictable fee when the document class predictable fee is not
2
increased or precludes an alternate predictable fee schedule
3
for electronic recording within each of the classifications
4
under subsection (c).
5

If the Rental Housing Support Program State surcharge is
6
amended and the surcharge is increased or lowered, the
7
aggregate amount of the document predictable fee attributable
8
to the surcharge in the document may be changed accordingly.
9
If any fee or surcharge is changed by State statute, the county
10
may increase the document class fees by the same amount
11
without any cost study.
12

(c) A predictable fee schedule ordinance or resolution
13
adopted under this Section shall list document fees, including
14
document class predictable fees. The document classes shall be
15
as follows:
16

(1) Deeds. The aggregate fee for recording deeds shall
17

not be less than $39 (being a minimum $21 county fee plus
18

$18 for the Rental Housing Support Program State
19

surcharge). Inclusion of language in the deed as to any
20

restriction; covenant; lien; oil, gas, or other mineral
21

interest; easement; lease; or a mortgage shall not alter
22

the classification of a document as a deed.
23

(2) Leases, lease amendments, and similar transfer of
24

interest documents. The aggregate fee for recording
25

leases, lease amendments, and similar transfers of
26

interest documents shall not be less than $39 (being a

SB3703
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LRB104 20602 JRC 34093 b
1

minimum $21 county fee plus $18 for the Rental Housing
2

Support Program State surcharge).
3

(3) Mortgages. The aggregate fee for recording
4

mortgages, including assignments, extensions, amendments,
5

subordinations, and mortgage releases shall not be less
6

than $39 (being a minimum $21 county fee plus $18 for the
7

Rental Housing Support Program State surcharge
unless
8

otherwise provided in subsection (c-1)
).
9

(4) Easements not otherwise part of another
10

classification. The aggregate fee for recording easements
11

not otherwise part of another classification, including
12

assignments, extensions, amendments, and easement releases
13

not filed by a State agency, unit of local government, or
14

school district, shall not be less than $39 (being a
15

minimum $21 county fee plus $18 for the Rental Housing
16

Support Program State surcharge).
17

(5) Irregular documents. Any document presented that
18

does not conform to the following standards, even if it
19

may qualify for another document class, may be recorded
20

under this document class (5) if the irregularity allows a
21

legible reproduction of the document presented:
22

(A) The document shall consist of one or more
23

individual sheets measuring 8.5 inches by 11 inches,
24

not permanently bound, and not a continuous form.
25

Graphic displays accompanying a document to be
26

recorded that measure up to 11 inches by 17 inches

SB3703
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LRB104 20602 JRC 34093 b
1

shall be recorded without charging an additional fee.
2

(B) The document shall be legibly printed in black
3

ink by hand, type, or computer. Signatures and dates
4

may be in contrasting colors if they will reproduce
5

clearly.
6

(C) The document shall be on white paper of not
7

less than 20-pound weight and shall have a clean
8

margin of at least one-half inch on the top, the
9

bottom, and each side. Margins may be used only for
10

non-essential notations that will not affect the
11

validity of the document, including, but not limited
12

to, form numbers, page numbers, and customer
13

notations.
14

(D) The first page of the document shall contain a
15

blank space, measuring at least 3 inches by 5 inches,
16

from the upper right corner.
17

(E) The document shall not have any attachment
18

stapled or otherwise affixed to any page.
19

The aggregate fee for recording an irregular document
20

shall not be less than $39 (being a minimum $21 county fee
21

plus $18 for the Rental Housing Support Program State
22

surcharge).
23

(6) Blanket recordings. For any document that makes
24

specific reference to more than 5 tax parcels or property
25

identification numbers, or makes reference to 5 or more
26

document numbers, the aggregate fee shall be not less than

SB3703
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LRB104 20602 JRC 34093 b
1

$39 (being a minimum $21 county fee plus $18 for the Rental
2

Housing Support Program State surcharge). A county may
3

adopt by ordinance and publish with its fee schedule an
4

additional fee or formula for each parcel, property
5

identification number, or document reference, above 5,
6

contained in an accepted document.
7

(7) Miscellaneous. The aggregate fee for recording
8

documents not otherwise falling within classifications
9

under paragraphs (1) through (6) and are not otherwise
10

exempted documents shall not be less than $39 (being a
11

minimum $21 county fee plus $18 for the Rental Housing
12

Support Program State surcharge).
13

(c-1) Notwithstanding any other provision of this Section,
14
each county board of a county of the third class shall, by
15
ordinance or resolution, adopt revisions to the predictable
16
fee schedule it has established under subsection (c) to
17
provide that, beginning no later than one year after the
18
effective date of this amendatory Act of the 104th General
19
Assembly, the aggregate fee for a nominee of a mortgagee to
20
record a mortgage, including an assignment, extension,
21
amendment, or subordination, shall not be less than the
22
aggregate fee provided under paragraph (3) of subsection (c)
23
plus an additional $150 per document. Of the additional $150,
24
$120 shall be collected by the county as an additional Rental
25
Housing Support Program State surcharge and deposited into the
26
Rental Housing Support Program Fund as provided in this

SB3703
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LRB104 20602 JRC 34093 b
1
Section, and $30 shall be collected by the county as an
2
additional county fee. Of the additional $30 county fee, $25
3
shall be used by the county for development and maintenance of
4
its affordable housing capacity and $5 shall be deposited into
5
the recorder's special funds created under Section 3-5005.4 to
6
defray the cost of providing electronic or automated access to
7
the county's property records. The recorder may, at the
8
recorder's discretion, use moneys in the funds created under
9
Section 3-5005.4 to defray the cost of providing electronic or
10
automated access to the county's property records. The
11
additional fee described in this subsection (c-1) does not
12
apply if the document to be filed is a release of mortgage by
13
the nominee of a mortgagee. As used in this Section, "nominee
14
of a mortgagee" means any person or entity who (i) serves as
15
mortgagee in the land records for a mortgage loan registered
16
on a national electronic database that tracks changes in
17
mortgage servicing and beneficial ownership interests in
18
residential mortgage loans on behalf of its members and (ii)
19
is a nominee or agent for the owner of the promissory note or
20
the subsequent buyer, transferee, or beneficial owner of the
21
note.

22

(d) For recording maps or plats of additions,
23
subdivisions, or otherwise (including the spreading of the
24
same of record in well bound books), $100 plus $2 for each
25
tract, parcel, or lot contained in the map or plat.
26

(e) Documents presented that meet the following criteria

SB3703
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LRB104 20602 JRC 34093 b
1
shall be charged as otherwise provided by law or ordinance:
2

(1) a document recorded pursuant to the Uniform
3

Commercial Code; or
4

(2) a State lien or a federal lien.
5

Notwithstanding any other provision in this Section: (i)
6
the maximum fee that may be collected from the Department of
7
Revenue for filing or indexing a lien, certificate of lien
8
release or subordination, or any other type of notice or other
9
documentation affecting or concerning a lien is $5; and (ii)
10
the maximum fee that may be collected from the Department of
11
Revenue for indexing each additional name in excess of one for
12
any lien, certificate of lien release or subordination, or any
13
other type of notice or other documentation affecting or
14
concerning a lien is $1.
15

(f) For recording any document that affects an interest in
16
real property, other than documents which solely affect or
17
relate to an easement for water, sewer, electricity, gas,
18
telephone, or other public service, the recorder shall charge
19
a minimum fee of $1 per document to all filers of documents not
20
filed by any State agency, any unit of local government, or any
21
school district. Half of the fee shall be deposited into the
22
county general revenue fund. The remaining half shall be
23
deposited into the County Recorder Document Storage System
24
Fund and may not be appropriated or expended for any other
25
purpose. The additional amounts available to the recorder for
26
expenditure from the County Recorder Document Storage System

SB3703
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LRB104 20602 JRC 34093 b
1
Fund shall not offset or reduce any other county
2
appropriations or funding for the office of the recorder.
3

(g) For certified and non-certified copies of records, the
4
recorder and county may set a predictable fee for all copies
5
that does not exceed the highest total recording fee in any
6
established document classes, unless the copy fee is otherwise
7
provided in statute or ordinance. The total fee for a
8
certified copy of a map or plat of an addition, subdivision, or
9
otherwise may not exceed $200.
10

The fees allowed under this subsection apply to all
11
records, regardless of when they were recorded, based on
12
current recording fees. These predictable fees for certified
13
and non-certified copies shall apply to portions of documents
14
and to copies provided in any format, including paper,
15
microfilm, or electronic. A county may adopt a per-line
16
pricing structure for copies of information in database
17
format.
18

(h) As provided under subsection (c), the recorder shall
19
collect an $18 Rental Housing Support Program State surcharge
20
for the recordation of any real estate-related document
. As
21
provided under subsection (c-1), the recorder shall collect an
22
additional $120 Rental Housing Support Program State surcharge
23
for the recordation of any document that is subject to the fee
24
described in subsection (c-1)
. Payment of the Rental Housing
25
Support Program State surcharge shall be evidenced by a
26
receipt that shall be marked upon or otherwise affixed to the

SB3703
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LRB104 20602 JRC 34093 b
1
real estate-related document by the recorder. The form of this
2
receipt shall be prescribed by the Department of Revenue and
3
the receipts shall be issued by the Department of Revenue to
4
each county recorder.
5

The recorder shall not collect the Rental Housing Support
6
Program State surcharge from any State agency, unit of local
7
government, or school district.
8

On the 15th day of each month, each county recorder shall
9
report to the Department of Revenue, on a form prescribed by
10
the Department, the number of real estate-related documents
11
recorded for which the Rental Housing Support Program State
12
surcharge was collected. Each recorder shall submit $18 of
13
each surcharge collected in the preceding month to the
14
Department of Revenue and the Department shall deposit these
15
amounts in the Rental Housing Support Program Fund. Subject to
16
appropriation, amounts in the Fund may be expended only for
17
the purpose of funding and administering the Rental Housing
18
Support Program.
19

As used in this subsection, "real estate-related document"
20
means that term as it is defined in Section 7 of the Rental
21
Housing Support Program Act.
22
(Source: P.A. 103-400, eff. 1-1-24
.)

23

Section 15.
The Code of Civil Procedure is amended by
24
changing Section 15-1301 as follows:

SB3703
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LRB104 20602 JRC 34093 b
1

(735 ILCS 5/15-1301)

(from Ch. 110, par. 15-1301)
2

Sec. 15-1301.
Lien Created.
It

Except as provided in
3
Section 15-1302, from the time a mortgage is recorded it
shall
4
be a lien
from the time that a mortgage is recorded
upon the
5
real estate that is the subject of the mortgage for all monies
6
advanced or applied or other obligations secured in accordance
7
with the terms of the mortgage or as authorized by law,
8
including the amounts specified in a judgment of foreclosure
9
in accordance with subsection (d) of Section 15-1603
, unless
10
otherwise provided in Section 15-1302 or unless the nominee of
11
a mortgagee fails to provide the recorder with the cover sheet
12
required to accompany a mortgage under the Conveyances Act
.
13
(Source: P.A. 84-1462.)

14

Section 20.
The Conveyances Act is amended by changing
15
Section 11 as follows:

16

(765 ILCS 5/11)

(from Ch. 30, par. 10)
17

Sec. 11.
(a) Mortgages of lands may be substantially in
18
the following form:
19

The Mortgagor (here insert name or names), mortgages and
20
warrants to (here insert name or names of mortgagee or
21
mortgagees), to secure the payment of (here recite the nature
22
and amount of indebtedness, showing when due and the rate of
23
interest, and whether secured by note or otherwise), the
24
following described real estate (here insert description

SB3703
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LRB104 20602 JRC 34093 b
1
thereof), situated in the County of ...., in the State of
2
Illinois.
3

Dated (insert date).
4
(signature of mortgagor or mortgagors)

5

The names of the parties shall be typed or printed below
6
the signatures. Such form shall have a blank space of 3 1/2
7
inches by 3 1/2 inches for use by the recorder. However, the
8
failure to comply with the requirement that the names of the
9
parties be typed or printed below the signatures and that the
10
form have a blank space of 3 1/2 inches by 3 1/2 inches for use
11
by the recorder shall not affect the validity and effect of
12
such form.
13

Such mortgage, when otherwise properly executed, shall be
14
deemed and held a good and sufficient mortgage in fee to secure
15
the payment of the moneys therein specified; and if the same
16
contains the words "and warrants," the same shall be construed
17
the same as if full covenants of ownership, good right to
18
convey against incumbrances of quiet enjoyment and general
19
warranty, as expressed in Section 9 of this Act were fully
20
written therein; but if the words "and warrants" are omitted,
21
no such covenants shall be implied. When the grantor or
22
grantors in such deed or mortgage for the conveyance of any
23
real estate desires to release or waive his, her or their
24
homestead rights therein, they or either of them may release
25
or waive the same by inserting in the form of deed or mortgage

SB3703
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LRB104 20602 JRC 34093 b
1
(as the case may be), provided in Sections 9, 10 and 11, after
2
the words "State of Illinois," in substance the following
3
words, "hereby releasing and waiving all rights under and by
4
virtue of the homestead exemption laws of this State."
5

Mortgages securing "reverse mortgage" loans shall be
6
subject to this Section except where requirements concerning
7
the definiteness of the term and amount of indebtedness
8
provisions of a mortgage would be inconsistent with the Acts
9
authorizing "reverse mortgage" loans, or rules and regulations
10
promulgated under those Acts.
11

Mortgages securing "revolving credit" loans shall be
12
subject to this Section.
13

(b) The provisions of subsection (a) regarding the form of
14
a mortgage are, and have always been, permissive and not
15
mandatory. Accordingly, the failure of an otherwise lawfully
16
executed and recorded mortgage to be in the form described in
17
subsection (a) in one or more respects, including the failure
18
to state the interest rate or the maturity date, or both, shall
19
not affect the validity or priority of the mortgage, nor shall
20
its recordation be ineffective for notice purposes regardless
21
of when the mortgage was recorded.
22

(c) As used in this Section, "nominee of a mortgagee"
23
means any person or entity who (i) serves as mortgagee in the
24
land records for a mortgage loan registered on a national
25
electronic database that tracks changes in mortgage servicing
26
and beneficial ownership interests in residential mortgage

SB3703
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LRB104 20602 JRC 34093 b
1
loans on behalf of its members and (ii) is a nominee or agent
2
for the owner of the promissory note or the subsequent buyer,
3
transferee or beneficial owner of the note.

4

All mortgages or assignments of mortgage recorded by or
5
for a nominee of a mortgagee must be recorded with a cover
6
sheet that evidences the mortgagor's consent for that
7
instrument to be recorded by or for a nominee of a mortgagee.
8
The Department of Financial and Professional Regulation must
9
create a cover sheet template and accompanying guidance for
10
nominee recordings that requires the disclosure to the
11
borrower of, among other things:
12

(1) the identity and contact information for the
13

lender and the nominee;
14

(2) a notice that a lender may not require the use of a
15

nominee;
16

(3) a notice of all additional fees passed along to
17

the borrower as a result of the use of a nominee; and
18

(4) a notice nominee's website address for borrower to
19

access the current and past holders of the borrower's
20

mortgage.

21

If the recorded document includes a predatory lending
22
certificate cover sheet as required by the Residential Real
23
Property Disclosure Act, the required cover sheet under this
24
subsection must be on page 1 of the cover sheet so that it can
25
be read before the predatory lending certificate cover sheet.

26
(Source: P.A. 97-1164, eff. 6-1-13
.)

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