How to Access Property Records in Illinois

What Information Can You Find in Illinois Property Records?

The various types of property records each contain different information. The courts, local government, and private facilities create these records. They are filed and maintained by the local county recorder's office.

Some of the information you will find on Illinois property records include:

The short list above is only some of the information you may find in property records.

Deeds and Conveyance Records

Deeds are some of the most common types of property records you'll find in any state. A deed transfers ownership of real property. They contain a lot of helpful information, such as:

• Name and address of all parties (Grantor and Grantee).
• Detailed description of the property.
• Maps and plats.
• Conveyance language validating the transfer of ownership from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Illinois uses three main types of deeds: general warranty deeds, special warranty deeds, and quitclaim deeds. It also allows special purpose deeds like life estate deeds, trustee deeds, deeds in lieu of foreclosure, and transfer-on-death deeds. Not all states allow a transfer-on-death deed, but Illinois does.

Property Tax Records

Anyone who buys property in Illinois will pay annual property taxes. Property tax records include things like tax bills, appraisals, assessments, surveys, and maps. Typically, property owners receive two bills per year, splitting their annual taxes into two payments. If they have a mortgage, the taxes will be escrowed into the monthly payments, and the lender will pay the tax bill. If the homeowner owns the home outright, they will pay the taxes. Some counties allow online payments, or you can mail in the coupon or even drop off your property tax payment at the county assessor's office.

Although counties vary within the state, Illinois's average property tax rate is 2.08% of the property's value. The counties of the Chicagoland area, Cook, DuPage, Lake, and Will County, have some of the highest taxes in the state. Illinois ranks 2nd in the nation with the highest property taxes. The average homeowner pays $4,942 per year.

If a homeowner fails to pay their property taxes, the county can put a lien on their home and foreclose and sell it to pay the overdue amount.

Property tax records show the accumulated annual tax bill a property owner in Illinois must pay. Local assessors usually determine the taxes after an assessment based on local tax rates. Individuals can access property tax information through the assessor's offices at the county level. The following information usually appears in a tax record in Illinois:

• Tax Calculations and Exemptions - The document will show the calculations and exemptions applying to the property.
• Name of the Property Owner - The document must show the owner's name. They are legally responsible for the taxes.
• The Legal Description of the Property - The record must show a legal description of the property.
• Property Values - These will include the fair market value, land assessed value, and the total assessed value.
• Tax Rate - The document may show the local area's tax rate.
• Amounts Due and Installments - Records usually show how much is due and the payment history.

How Often is Property Tax in Illinois Assessed?

The Illinois Department of Revenue oversees property tax collection. However, assessment is done at the county level by assessors from the government office. For example, Chicago, Dolton, and Golf properties will undergo an assessment by local assessors under the Cook County Assessor's Office. Assessors have different ways of conducting property assessments. However, the following is the standard process:

• Discovery - This stage involves finding and inventorying all real property through property index numbers and tax maps. Assessors find new construction via observation, reviewing building permits, and other approved methods. Assessors may use Google, sales, records, and software for the discovery stage.
• List - The next part lists the land improvements and characteristics on the property record cards. Assessors include the measurements and descriptions of the improvements.
• Value - Assessors then estimate the value of all real property in the jurisdiction. They must ensure equity and uniformity in the methods used.
• Assess - The assessors then apply an assessment level to the market values to find the assessed value. The values must be derived from current market values.

Property Liens and Encumbrances in Illinois

Another dominant factor in Illinois property records is liens and encumbrances. Encumbrances are third-party claims against a property that may make selling or transferring ownership difficult. The most common types of encumbrances are mortgages, liens, and easements. Illinois's three main types of liens are mechanic's, tax, and judgment liens.

A home with just a mortgage lien will not be a problem. However, if you find a property with multiple liens, the owner could have trouble selling it. Liens appear in many property records and can decrease the property's value.

Voluntary Liens

Voluntary liens are those that you have control over, like mortgage or home equity loans, where you agree to a lien in return for a bank lending you money.

• Mortgage Liens - Most people are familiar with mortgages. Anyone who cannot afford to pay cash for their home will take out a mortgage with a lender. During the closing of the deal, the property owner will sign the deed and a promissory note for the lender, agreeing to their terms of interest and on-time payments.

  The lender will also put a lien on the property, ensuring that if the homeowner defaults on the mortgage, they can seize and sell the property to get their money back. According to Statistica, the mortgage default rate in Illinois is 1.4%.

  The following information may appear in a mortgage document depending on the type:

  • Names - The document will show the names of those involved, plus their roles as the lender and borrower. It may also show contact information.
  • Terms - The document must stipulate the loan terms, including how long it will be in effect, the date of the loan, and payment schedules.
  • Amount - The record will show the initial amount, interest rate, and the repayable amount.
  • Penalties - The document outlines the penalties for late and missed payments and, in some cases, early repayment penalties.

Involuntary Liens

Involuntary liens are those over which you have no control. They are imposed because of a debt you owe. There are three types of involuntary liens. They are as follows:

• Mechanic's Liens - A mechanic's lien is a lien on real property for an unpaid debt. If a contractor, subcontractor, landscaper, or material supplier does work on the home or supplies materials and the property owner refuses to pay them, they can legally place a lien on the property to get paid. They have to either wait until the owner sells the house or sue them to foreclose and sell the house to get their money.
• Tax Liens - Tax liens are serious business; you could lose your home if you fail to pay your annual property taxes. Tax liens begin when you fail to pay the county assessor what you owe. The Illinois Department of Revenue then imposes the tax lien. They have set up a State Tax Lien Registry to allow access to public tax lien records. If you do not settle the tax lien, they will foreclose and sell your home to get back taxes, interest, and penalties.
• Judgment Liens - Judgment liens are a legal tool that creditors can use to collect a debt. If you owe a credit card company lots of money, they may use a lien on your home to get paid. After a specific period, they may also foreclose and sell your house to get their money back.

How Does the Process of Property Liens in Illinois Work?

The process of filing a lien differs depending on the type of lien. However, the process of filing a judgment lien goes as follows:

• The creditor must obtain a judgment against a debtor by filing a lawsuit. The court must grant the judgment in favor of the creditor for the next steps. The creditor must ensure they obtain a certified copy of the judgment as evidence of an owed debt.
• Next, the creditor must prepare a 'judgment lien' with information such as the personal details and address of the individual who owes the debt, the judgment amount, the case number, and the court where the judgment was entered.
• The next stage is filing the judgment with the recorder's office at the county office. Filing creates the lien, applying to all real property the debtor owns in the county. Creditors may have to file multiple copies at the office.
• Theoretically, the creditor now has the right to foreclose on the property. But not before they notify the debtor that a lien has been filed against their property. The service should come immediately after filing.
• The creditor may extend the lien before expiration, seven years after filing.

Easements and Covenants

Easements and covenants will also appear in property records. Easements are like a "right of way" to use a portion of land on a privately owned piece of property. Covenants usually apply to condo developments or maintained neighborhoods. These covenants are a list of rules that apply to the home and how you can use them. An example might be that you could not leave your trash barrel outside of your garage after trash day. Covenants are designed for communities where people live close by and benefit from the overall curb appeal of the area.

Plats and Surveys

Plats and surveys are other types of property records. Plats refer to maps with boundaries of neighboring properties, whereas surveys include only the boundaries of the target property.

The following are the types of surveys recognized in Illinois:

• ALTA/NSPS Survey - This is often used for commercial properties, supplying the information needed to ensure the land's title to the highest degree.
• As-built Survey - Dimensional data must be obtained during or immediately after construction's completion.
• Boundary Survey - This documents the perimeter of a parcel by establishing corners, monuments, and boundary lines.
• Construction Layout Survey - This is done before and during construction to control dimensions, positions, configurations, and elevation.
• Mortgage Survey - The mortgage survey is for residential real estate refinancing and closings. It shows fences and other major structures.

Surveys and land measurements are often used to determine a property's boundaries. Surveyors use specialized equipment to mark off the boundaries of a specific piece of land.

Surveys are also used in boundary disputes. Sometimes, these arguments end up in court, where both sides provide information, and a judge determines which land is whose.

Property Descriptions and Boundaries in Illinois

Illinois uses detailed property descriptions and boundaries to identify parcels of land correctly. These items are listed in different types of property records. A legal property description appears in deeds, mortgages, liens, and other types. It may include essential landmarks or other defining factors to clarify which property it refers to.

Foreclosures

Foreclosure properties are often sold at an extreme discount. You can search property records to find distressed homes that may be in a great location and in perfect condition. However, be careful. Some foreclosure homes will not be a great deal. Find out all you can about it before buying.

Illinois is a judicial foreclosure state. All individuals must start the foreclosure process in court by filing a case. The court system has the final say and will allow the lender to foreclose on the property.