Bill Text: IL HB5615 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2026-04-07 - Added Co-Sponsor Rep. Aarón M. Ortíz [HB5615 Detail]

Download: Illinois-2025-HB5615-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5615 Introduced , by Rep. Mary Beth Canty 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 20583 JRC 34072 b
A BILL FOR
HB5615 LRB104 20583 JRC 34072 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be referred to as the
Affordability Crisis in Housing Act.
Section 3. Legislative intent.
(a) In 2005, the General Assembly found that there was a
compelling State interest in enacting the Rental Housing
Support Program Act because in many parts of this State large
numbers of citizens were unable to secure affordable rental
housing.
(b) Twenty years later, the General Assembly finds that
the issue of affordability has progressed into a severe crisis
requiring immediate attention and additional resources. The
Rental Housing Support Program Act is the only source of State
funding currently available to severely cost-burdened renters.
One in 3 Illinois households currently pays more than
one-third of their income toward rent, and one in 6 households
pay over one-half of their income in rent. An additional
294,000 affordable rental units are needed in the State to
meet the needs of these households. Illinois should build on
the successes of the Rental Housing Support Program Act to
meet this current crisis. The Rental Housing Support Program

HB5615 - 2 - LRB104 20583 JRC 34072 b
receives a small portion of real estate recording fees, but it
is estimated that a majority of mortgages recorded in Illinois
are recorded by a nominee and use private databases to track
later assignments. This private mortgage tracking loophole
leads to a significant loss of recording fees, including those
collected under the Counties Code for purposes of the Rental
Housing Support Program.
(c) Private mortgage tracking systems make it difficult
for Illinois homeowners to find information on the current and
past owners of their mortgages because the ability of clerks'
and recorders' offices to track these mortgages is impaired.
The private tracking loophole is widely considered to have
contributed significantly to the 2008 mortgage foreclosure
crisis and continues to burden homeowners and introduce
instability into the mortgage market.
Section 5. The Financial Institutions Act is amended by
changing Section 6 as follows:
(20 ILCS 1205/6)
Sec. 6. General powers and duties. In addition to the
powers and duties provided by law and imposed elsewhere in
this Act, the Division has the following powers and duties:
(1) To administer and enforce the Consumer Installment
Loan Act and its implementing rules.
(2) To administer and enforce the Currency Exchange

HB5615 - 3 - LRB104 20583 JRC 34072 b
Act and its implementing rules.
(3) To administer and enforce the Debt Management
Service Act and its implementing rules.
(4) To administer and enforce the Debt Settlement
Consumer Protection Act and its implementing rules.
(5) To administer and enforce the Illinois Development
Credit Corporation Act and its implementing rules.
(6) To administer and enforce the Payday Loan Reform
Act and its implementing rules.
(7) To administer and enforce the Safety Deposit
License Act and its implementing rules.
(8) To administer and enforce the Sales Finance Agency
Act and its implementing rules.
(9) To administer and enforce the Title Insurance Act
and its implementing rules.
(10) To administer and enforce the Transmitters of
Money Act and its implementing rules.
(11) To administer and enforce the Predatory Loan
Prevention Act and its implementing rules.
(12) To administer and enforce the Motor Vehicle
Retail Installment Sales Act and its implementing rules.
(13) To administer and enforce the Retail Installment
Sales Act and its implementing rules.
(14) To administer and enforce the Illinois Credit
Union Act and its implementing rules.
(15) To administer and enforce the Collection Agency

HB5615 - 4 - LRB104 20583 JRC 34072 b
Act and its implementing rules.
(16) To administer and enforce the Consumer Legal
Funding Act and its implementing rules.
(17) To administer and enforce this Act and any other
Act administered by the Director or Division.
(18) To authorize and administer examinations to
ascertain the qualifications of applicants and licensees
for which the examination is held.
(19) To conduct hearings in proceedings to revoke,
suspend, refuse to renew, or take other disciplinary
action regarding licenses, charters, certifications,
registrations, or authorities of persons as authorized in
any Act administered by the Division.
(20) To establish, maintain, and publish on its public
website a registry of nominees of mortgagees as defined in
Section 11 of the Conveyances Act and to adopt and enforce
rules necessary for the administration and enforcement of
the Affordability Crisis in Housing Act including, but not
limited to, rules concerning the maintenance of a
nonpublic administrative database that is only accessible
by county clerks.
Whenever the Division is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the

HB5615 - 5 - LRB104 20583 JRC 34072 b
Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
102-975, eff. 1-1-23; 103-154, eff. 6-30-23; 103-1014, eff.
8-9-24.)
Section 10. The Counties Code is amended by changing
Sections 3-5018.2 and 4-12002.3 as follows:
(55 ILCS 5/3-5018.2)
Sec. 3-5018.2. Predictable fee schedule for recordings in
first and second class counties.
(a) The fees of the recorder in counties of the first and
second class for recording deeds or other instruments in
writing and maps of plats of additions, subdivisions, or
otherwise and for certifying copies of records shall be paid
in advance and shall conform to this Section. The fees or
surcharges shall not, unless otherwise provided in this
Section, be based on the individual attributes of a document
to be recorded, including, but not limited to, page count;
number, length, or type of legal descriptions; number of tax
identification or other parcel-identifying code numbers;
units; number of common addresses; number of references
contained as to other recorded documents or document numbers;

HB5615 - 6 - LRB104 20583 JRC 34072 b
or any other individual attribute of the document. The fees
charged under this Section shall be inclusive of all county
and State fees that the county may elect or is required to
impose or adjust, including, but not limited to, GIS fees,
automation fees, document storage fees, and the Rental Housing
Support Program State and county surcharges.
(b) A county of the first or second class shall adopt and
implement, by ordinance or resolution, a predictable fee
schedule as provided in subsection (c) that eliminates
surcharges or fees based on the individual attributes of a
document to be recorded. If a county has previously adopted an
ordinance or resolution adopting a predictable fee schedule,
the county must adopt an ordinance or resolution revising that
predictable fee schedule to be consistent with this Section.
After a document class predictable fee is approved by a county
board consistent with this Section, the county board may, by
ordinance or resolution, increase the document class
predictable fee and collect the increased fees if the
established fees are not sufficient to cover the costs of
providing the services related to the document class for which
the fee is to be increased.
For the purposes of the fee charged, the ordinance or
resolution shall divide documents into the classifications
specified in subsection (c), and shall establish a single,
all-inclusive county and State-imposed aggregate predictable
fee charged for each classification of document at the time of

HB5615 - 7 - LRB104 20583 JRC 34072 b
recording for that document. Each document, unless otherwise
provided in this Section, shall fall within one of the
document class predictable fee classifications set by
subsection (c), and fees for each document class shall be
charged only as allowed by this Section.
Before approval of an ordinance or resolution under this
subsection that creates or modifies a predictable fee
schedule, the recorder or county clerk shall post a notice in
the recorder's or clerk's office at least 2 weeks prior, but
not more than 4 weeks prior, to the public meeting at which the
ordinance or resolution may be adopted. The notice shall
contain the proposed ordinance or resolution number, if any,
the proposed document class predictable fees for each
classification, and a reference to this Section and this
amendatory Act of the 103rd General Assembly. A predictable
fee schedule takes effect 60 days after an ordinance or
resolution is adopted, unless the fee schedule was previously
created and the ordinance or resolution is a modification
allowed under this Section.
Nothing in this Section precludes a county board from
adjusting amounts or allocations within a given document class
predictable fee when the document class predictable fee is not
increased or precludes an alternate predictable fee schedule
for electronic recording within each of the classifications
under subsection (c).
The county board may, by ordinance or resolution, increase

HB5615 - 8 - LRB104 20583 JRC 34072 b
the fees allowed in the predictable fee schedule if the
increase is justified by an acceptable cost study or internal
analysis of a minimum of 3 years showing that the fees allowed
by this Section are not sufficient to cover the cost of
providing the service.
A statement of the cost of providing each service,
program, and activity shall be prepared by the county board.
All supporting documents to the statement are public records
and subject to public examination and audit. All direct and
indirect costs, as defined in the United States Office of
Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program, and
activity.
If the Rental Housing Support Program State surcharge is
amended and the surcharge is increased or lowered, the
aggregate amount of the document predictable fee attributable
to the surcharge in the document may be changed accordingly.
If any fee or surcharge is changed by State statute, the county
may increase the document class fees by the same amount
without any cost study.
(c) A predictable fee schedule ordinance or resolution
adopted under this Section shall list document fees, including
document class predictable fees. The document classes shall be
as follows:
(1) Deeds. The aggregate fee for recording deeds shall
not be less than $31 (being a minimum $13 county fee plus

HB5615 - 9 - LRB104 20583 JRC 34072 b
$18 for the Rental Housing Support Program State
surcharge). Inclusion of language in the deed as to any
restriction; covenant; lien; oil, gas, or other mineral
interest; easement; lease; or a mortgage shall not alter
the classification of a document as a deed.
(2) Leases, lease amendments, and similar transfer of
interest documents. The aggregate fee for recording
leases, lease amendments, and similar transfers of
interest documents shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(3) Mortgages. The aggregate fee for recording
mortgages, including assignments, extensions, amendments,
subordinations, and mortgage releases shall not be less
than $31 (being a minimum $13 county fee plus $18 for the
Rental Housing Support Program State surcharge unless
otherwise provided in subsection (c-1)).
(4) Easements not otherwise part of another
classification. The aggregate fee for recording easements
not otherwise part of another classification, including
assignments, extensions, amendments, and easement releases
not filed by a State agency, unit of local government, or
school district, shall not be less than $31 (being a
minimum $13 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(5) Nonstandard documents. Any document presented that

HB5615 - 10 - LRB104 20583 JRC 34072 b
does not conform to the following standards, even if it
may qualify for another document class, may be recorded
under this document class (5) if the nonstandard document
allows a legible reproduction of the document presented:
(A) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches,
not permanently bound, and not a continuous form.
Graphic displays accompanying a document to be
recorded that measure up to 11 inches by 17 inches
shall be recorded without charging an additional fee.
(B) The document shall be legibly printed in black
ink by hand, type, or computer. Signatures and dates
may be in contrasting colors if they will reproduce
clearly.
(C) The document shall be on white paper of not
less than 20-pound weight and shall have a clean
margin of at least one-half inch on the top, the
bottom, and each side. Margins may be used only for
non-essential notations that will not affect the
validity of the document, including, but not limited
to, form numbers, page numbers, and customer
notations.
(D) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(E) The document shall not have any attachment

HB5615 - 11 - LRB104 20583 JRC 34072 b
stapled or otherwise affixed to any page.
(F) The document makes specific reference to 5 or
fewer tax parcels, units, property identification
numbers, or document numbers.
The aggregate fee for recording a nonstandard document
shall not be less than $31 (being a minimum $13 county fee
plus $18 for the Rental Housing Support Program State
surcharge). A county may adopt by ordinance and publish
with its fee schedule an additional fee or formula for a
document that makes specific reference to more than 5 tax
parcels, units, property identification numbers, or
document numbers.
(6) (Blank).
(7) Miscellaneous. The aggregate fee for recording
documents that do not otherwise fall within
classifications under paragraphs (1) through (6) or
paragraph (8) or (9) and that are not otherwise exempted
documents shall not be less than $31 (being a minimum $13
county fee plus $18 for the Rental Housing Support Program
State surcharge).
(8) Maps or plats of additions, subdivisions, or
otherwise. For recording maps or plats of additions,
subdivisions, or otherwise, the minimum fee shall be $50.
(9) Other. Documents presented that meet the following
criteria shall be charged as follows, notwithstanding
document classes (1) through (8):

HB5615 - 12 - LRB104 20583 JRC 34072 b
(A) A document recorded pursuant to the Uniform
Commercial Code shall be charged as provided in the
Uniform Commercial Code or as otherwise by law.
(B) A State tax lien or a federal tax lien shall be
charged as otherwise provided by law or ordinance,
except that the minimum fee that shall be collected
from the Department of Revenue for filing or indexing
a tax lien, certificate of lien release or
subordination, or any other type of notice or other
documentation affecting or concerning a tax lien is
$11, and the minimum fee that shall be collected from
the Department of Revenue or Internal Revenue Service
for indexing each additional name in excess of one for
any lien, certificate of lien release or
subordination, or any other type of notice or other
documentation affecting or concerning a lien is $1.
(C) A document recorded by a unit of local
government, State agency, or public utility, as that
term is defined in Section 3-105 of the Public
Utilities Act, may be charged a minimum fee for any
instrument presented for recording that falls under
the guideline of the predictable fee schedule as
follows: a $12 county fee, a $3 GIS fee, and a $3
automation fee, document storage fee, or both. Fees
under this subparagraph may be increased or any other
applicable fee may be imposed if adopted by a county

HB5615 - 13 - LRB104 20583 JRC 34072 b
board resolution or ordinance and justified by an
acceptable cost study showing that the fees allowed by
this subparagraph are not sufficient to cover the cost
of providing the service.
(D) For recording any document that affects an
interest in real property, other than documents which
solely affect or relate to an easement for water,
sewer, electricity, gas, telephone, or other public
service, the recorder shall charge a minimum fee of $1
per document to all filers of documents not filed by
any State agency, any unit of local government, any
public utility, as that term is defined in Section
3-105 of the Public Utilities Act, or any school
district. Half of the fee shall be deposited into the
county general revenue fund. The remaining half shall
be deposited into the County Recorder Document Storage
System Fund and may not be appropriated or expended
for any other purpose. The additional amounts
available to the recorder for expenditure from the
County Recorder Document Storage System Fund shall not
offset or reduce any other county appropriations or
funding for the office of the recorder.
(c-1) Notwithstanding any other provision of this Section,
each county board of a county of the first or second class
shall, by ordinance or resolution, adopt revisions to the
predictable fee schedule it has established under subsection

HB5615 - 14 - LRB104 20583 JRC 34072 b
(c) to provide that, beginning no later than one year after the
effective date of this amendatory Act of the 104th General
Assembly, the aggregate fee for a nominee of a mortgagee to
record a mortgage, including an assignment, extension,
amendment, or subordination, shall not be less than the
aggregate fee provided under paragraph (3) of subsection (c)
plus an additional $150 per document. Of the additional $150,
$120 shall be collected by the county as an additional Rental
Housing Support Program State surcharge and deposited into the
Rental Housing Support Program Fund as provided in this
Section, and $30 shall be collected by the county as an
additional county fee. Of the additional $30 county fee, $25
shall be used by the county for development and maintenance of
its affordable housing capacity, and $5 shall be deposited
into the recorder's special funds created under Section
3-5005.4 to defray the cost of providing electronic or
automated access to the county's property records. The
recorder may, at the recorder's discretion, use moneys in the
funds created under Section 3-5005.4 to defray the cost of
providing electronic or automated access to the county's
property records. The additional fee described in this
subsection (c-1) does not apply if the document to be filed is
a release of mortgage by the nominee of a mortgagee. As used in
this Section, "nominee of a mortgagee" means any person or
entity who (i) serves as mortgagee in the land records for a
mortgage loan registered on a national electronic database

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that tracks changes in mortgage servicing and beneficial
ownership interests in residential mortgage loans on behalf of
its members and (ii) is a nominee or agent for the owner of the
promissory note or the subsequent buyer, transferee, or
beneficial owner of the note.
(d) For certified and non-certified copies of records, the
recorder and county may set a predictable fee for all copies
that does not exceed the highest total recording fee in any
established document classes, unless the copy fee is otherwise
provided in statute or ordinance. The total fee for a
certified copy of a map or plat of an addition, subdivision, or
otherwise may not exceed $200.
The fees allowed under this subsection apply to all
records, regardless of when they were recorded, based on
current recording fees. These predictable fees for certified
and non-certified copies shall apply to portions of documents
and to copies provided in any format, including paper,
microfilm, or electronic. A county may adopt a per-line
pricing structure for copies of information in database
format.
(e) As provided under subsection (c), the recorder shall
collect an $18 Rental Housing Support Program State surcharge
for the recordation of any real estate-related document. As
provided under subsection (c-1), the recorder shall collect an
additional $120 Rental Housing Support Program State surcharge
for the recordation of any document that is subject to the fee

HB5615 - 16 - LRB104 20583 JRC 34072 b
described in subsection (c-1). Payment of the Rental Housing
Support Program State surcharge shall be evidenced by a
receipt that shall be marked upon or otherwise affixed to the
real estate-related document by the recorder. The form of this
receipt shall be prescribed by the Department of Revenue and
the receipts shall be issued by the Department of Revenue to
each county recorder.
The recorder shall not collect the Rental Housing Support
Program State surcharge from any State agency, unit of local
government, or school district.
On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by
the Department, the number of real estate-related documents
recorded for which the Rental Housing Support Program State
surcharge was collected. Each recorder shall submit $18 of
each surcharge collected in the preceding month to the
Department of Revenue and the Department shall deposit these
amounts in the Rental Housing Support Program Fund. Subject to
appropriation, amounts in the Fund may be expended only for
the purpose of funding and administering the Rental Housing
Support Program.
As used in this subsection, "real estate-related document"
means that term as it is defined in Section 7 of the Rental
Housing Support Program Act.
(f) A county board in counties of the first and second
class may allow, by ordinance, a recorder to charge the

HB5615 - 17 - LRB104 20583 JRC 34072 b
following fees in addition to those fees otherwise allowed
under this Section:
(1) Automation fee. A minimum automation fee of $3 may
be charged for filing every instrument, paper, or notice
for record in order to defray the cost of converting the
recorder's document storage system to computers or
micrographics and in order to defray the cost of providing
access to records through the Internet. A special fund
shall be established by the treasurer of a county, and the
moneys collected through the automation fee shall be
deposited into the special fund and used for a document
storage system to provide the equipment, materials, and
necessary expenses incurred to help defray the costs of
implementing and maintaining the document record system
and for a system to provide electronic access to those
records.
(2) GIS fee. In a county that provides and maintains a
countywide map through a geographic information system, a
minimum GIS fee of $3 may be charged for filing every
instrument, paper, or notice for record in order to defray
the cost of implementing or maintaining the county's
geographic information system and in order to defray the
cost of providing electronic or automated access to the
county's geographic information system or property
records. Of that amount, a minimum of $2 must be deposited
into a special fund established by the treasurer of the

HB5615 - 18 - LRB104 20583 JRC 34072 b
county, and any moneys collected through the GIS fee shall
be deposited into that special fund and used for the
equipment, materials, and necessary expenses incurred in
implementing and maintaining the geographic information
system and to defray the cost of providing electronic
access to the county geographic information system
records. The remaining $1 must be deposited into the
recorder's special funds created under Section 3-5005.4.
The recorder may, at the recorder's discretion, use moneys
in the funds created under Section 3-5005.4 to defray the
cost of implementing or maintaining the county's
geographic information system and to defray the cost of
providing electronic access to the county's geographic
information system records.
(Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25.)
(55 ILCS 5/4-12002.3)
Sec. 4-12002.3. Predictable fee schedule for recordings in
third class counties.
(a) The fees of the recorder in counties of the third class
for recording deeds or other instruments in writing and maps
of plats of additions, subdivisions, or otherwise and for
certifying copies of records shall be paid in advance and
shall conform to this Section. The fees or surcharges shall
not, unless otherwise provided in this Section, be based on
the individual attributes of a document to be recorded,

HB5615 - 19 - LRB104 20583 JRC 34072 b
including, but not limited to, page count; number, length, or
type of legal descriptions; number of tax identification or
other parcel-identifying code numbers; number of common
addresses; number of references contained as to other recorded
documents or document numbers; or any other individual
attribute of the document. The fees charged under this Section
shall be inclusive of all county and State fees that the county
may elect or is required to impose or adjust, including, but
not limited to, GIS fees, automation fees, document storage
fees, and the Rental Housing Support Program State and county
surcharges.
(b) A county of the third class shall adopt and implement,
by ordinance or resolution, a predictable fee schedule as
provided in subsection (c) that eliminates surcharges or fees
based on the individual attributes of a document to be
recorded. If a county has previously adopted an ordinance or
resolution adopting a predictable fee schedule, the county
must adopt an ordinance or resolution revising that
predictable fee schedule to be consistent with this Section.
After a document class predictable fee is approved by a county
board consistent with this Section, the county board may, by
ordinance or resolution, increase the document class
predictable fee and collect the increased fees if the
established fees are not sufficient to cover the costs of
providing the services related to the document class for which
the fee is to be increased.

HB5615 - 20 - LRB104 20583 JRC 34072 b
For the purposes of the fee charged, the ordinance or
resolution shall divide documents into the classifications
specified in subsection (c), and shall establish a single,
all-inclusive county and State-imposed aggregate predictable
fee charged for each classification of document at the time of
recording for that document. Each document, unless otherwise
provided in this Section, shall fall within one of the
document class predictable fee classifications set by
subsection (c), and fees for each document class shall be
charged only as allowed by this Section.
Before approval of an ordinance or resolution under this
subsection that creates or modifies a predictable fee
schedule, the recorder or county clerk shall post a notice in
the recorder's or clerk's office at least 2 weeks prior, but
not more than 4 weeks prior, to the public meeting at which the
ordinance or resolution may be adopted. The notice shall
contain the proposed ordinance or resolution number, if any,
the proposed document class predictable fees for each
classification, and a reference to this Section and this
amendatory Act of the 103rd General Assembly. A predictable
fee schedule takes effect 60 days after an ordinance or
resolution is adopted, unless the fee schedule was previously
created and the ordinance or resolution is a modification
allowed under this Section.
Nothing in this Section precludes a county board from
adjusting amounts or allocations within a given document class

HB5615 - 21 - LRB104 20583 JRC 34072 b
predictable fee when the document class predictable fee is not
increased or precludes an alternate predictable fee schedule
for electronic recording within each of the classifications
under subsection (c).
If the Rental Housing Support Program State surcharge is
amended and the surcharge is increased or lowered, the
aggregate amount of the document predictable fee attributable
to the surcharge in the document may be changed accordingly.
If any fee or surcharge is changed by State statute, the county
may increase the document class fees by the same amount
without any cost study.
(c) A predictable fee schedule ordinance or resolution
adopted under this Section shall list document fees, including
document class predictable fees. The document classes shall be
as follows:
(1) Deeds. The aggregate fee for recording deeds shall
not be less than $39 (being a minimum $21 county fee plus
$18 for the Rental Housing Support Program State
surcharge). Inclusion of language in the deed as to any
restriction; covenant; lien; oil, gas, or other mineral
interest; easement; lease; or a mortgage shall not alter
the classification of a document as a deed.
(2) Leases, lease amendments, and similar transfer of
interest documents. The aggregate fee for recording
leases, lease amendments, and similar transfers of
interest documents shall not be less than $39 (being a

HB5615 - 22 - LRB104 20583 JRC 34072 b
minimum $21 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(3) Mortgages. The aggregate fee for recording
mortgages, including assignments, extensions, amendments,
subordinations, and mortgage releases shall not be less
than $39 (being a minimum $21 county fee plus $18 for the
Rental Housing Support Program State surcharge unless
otherwise provided in subsection (c-1)).
(4) Easements not otherwise part of another
classification. The aggregate fee for recording easements
not otherwise part of another classification, including
assignments, extensions, amendments, and easement releases
not filed by a State agency, unit of local government, or
school district, shall not be less than $39 (being a
minimum $21 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(5) Irregular documents. Any document presented that
does not conform to the following standards, even if it
may qualify for another document class, may be recorded
under this document class (5) if the irregularity allows a
legible reproduction of the document presented:
(A) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches,
not permanently bound, and not a continuous form.
Graphic displays accompanying a document to be
recorded that measure up to 11 inches by 17 inches

HB5615 - 23 - LRB104 20583 JRC 34072 b
shall be recorded without charging an additional fee.
(B) The document shall be legibly printed in black
ink by hand, type, or computer. Signatures and dates
may be in contrasting colors if they will reproduce
clearly.
(C) The document shall be on white paper of not
less than 20-pound weight and shall have a clean
margin of at least one-half inch on the top, the
bottom, and each side. Margins may be used only for
non-essential notations that will not affect the
validity of the document, including, but not limited
to, form numbers, page numbers, and customer
notations.
(D) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches,
from the upper right corner.
(E) The document shall not have any attachment
stapled or otherwise affixed to any page.
The aggregate fee for recording an irregular document
shall not be less than $39 (being a minimum $21 county fee
plus $18 for the Rental Housing Support Program State
surcharge).
(6) Blanket recordings. For any document that makes
specific reference to more than 5 tax parcels or property
identification numbers, or makes reference to 5 or more
document numbers, the aggregate fee shall be not less than

HB5615 - 24 - LRB104 20583 JRC 34072 b
$39 (being a minimum $21 county fee plus $18 for the Rental
Housing Support Program State surcharge). A county may
adopt by ordinance and publish with its fee schedule an
additional fee or formula for each parcel, property
identification number, or document reference, above 5,
contained in an accepted document.
(7) Miscellaneous. The aggregate fee for recording
documents not otherwise falling within classifications
under paragraphs (1) through (6) and are not otherwise
exempted documents shall not be less than $39 (being a
minimum $21 county fee plus $18 for the Rental Housing
Support Program State surcharge).
(c-1) Notwithstanding any other provision of this Section,
each county board of a county of the third class shall, by
ordinance or resolution, adopt revisions to the predictable
fee schedule it has established under subsection (c) to
provide that, beginning no later than one year after the
effective date of this amendatory Act of the 104th General
Assembly, the aggregate fee for a nominee of a mortgagee to
record a mortgage, including an assignment, extension,
amendment, or subordination, shall not be less than the
aggregate fee provided under paragraph (3) of subsection (c)
plus an additional $150 per document. Of the additional $150,
$120 shall be collected by the county as an additional Rental
Housing Support Program State surcharge and deposited into the
Rental Housing Support Program Fund as provided in this

HB5615 - 25 - LRB104 20583 JRC 34072 b
Section, and $30 shall be collected by the county as an
additional county fee. Of the additional $30 county fee, $25
shall be used by the county for development and maintenance of
its affordable housing capacity and $5 shall be deposited into
the recorder's special funds created under Section 3-5005.4 to
defray the cost of providing electronic or automated access to
the county's property records. The recorder may, at the
recorder's discretion, use moneys in the funds created under
Section 3-5005.4 to defray the cost of providing electronic or
automated access to the county's property records. The
additional fee described in this subsection (c-1) does not
apply if the document to be filed is a release of mortgage by
the nominee of a mortgagee. As used in this Section, "nominee
of a mortgagee" means any person or entity who (i) serves as
mortgagee in the land records for a mortgage loan registered
on a national electronic database that tracks changes in
mortgage servicing and beneficial ownership interests in
residential mortgage loans on behalf of its members and (ii)
is a nominee or agent for the owner of the promissory note or
the subsequent buyer, transferee, or beneficial owner of the
note.
(d) For recording maps or plats of additions,
subdivisions, or otherwise (including the spreading of the
same of record in well bound books), $100 plus $2 for each
tract, parcel, or lot contained in the map or plat.
(e) Documents presented that meet the following criteria

HB5615 - 26 - LRB104 20583 JRC 34072 b
shall be charged as otherwise provided by law or ordinance:
(1) a document recorded pursuant to the Uniform
Commercial Code; or
(2) a State lien or a federal lien.
Notwithstanding any other provision in this Section: (i)
the maximum fee that may be collected from the Department of
Revenue for filing or indexing a lien, certificate of lien
release or subordination, or any other type of notice or other
documentation affecting or concerning a lien is $5; and (ii)
the maximum fee that may be collected from the Department of
Revenue for indexing each additional name in excess of one for
any lien, certificate of lien release or subordination, or any
other type of notice or other documentation affecting or
concerning a lien is $1.
(f) For recording any document that affects an interest in
real property, other than documents which solely affect or
relate to an easement for water, sewer, electricity, gas,
telephone, or other public service, the recorder shall charge
a minimum fee of $1 per document to all filers of documents not
filed by any State agency, any unit of local government, or any
school district. Half of the fee shall be deposited into the
county general revenue fund. The remaining half shall be
deposited into the County Recorder Document Storage System
Fund and may not be appropriated or expended for any other
purpose. The additional amounts available to the recorder for
expenditure from the County Recorder Document Storage System

HB5615 - 27 - LRB104 20583 JRC 34072 b
Fund shall not offset or reduce any other county
appropriations or funding for the office of the recorder.
(g) For certified and non-certified copies of records, the
recorder and county may set a predictable fee for all copies
that does not exceed the highest total recording fee in any
established document classes, unless the copy fee is otherwise
provided in statute or ordinance. The total fee for a
certified copy of a map or plat of an addition, subdivision, or
otherwise may not exceed $200.
The fees allowed under this subsection apply to all
records, regardless of when they were recorded, based on
current recording fees. These predictable fees for certified
and non-certified copies shall apply to portions of documents
and to copies provided in any format, including paper,
microfilm, or electronic. A county may adopt a per-line
pricing structure for copies of information in database
format.
(h) As provided under subsection (c), the recorder shall
collect an $18 Rental Housing Support Program State surcharge
for the recordation of any real estate-related document. As
provided under subsection (c-1), the recorder shall collect an
additional $120 Rental Housing Support Program State surcharge
for the recordation of any document that is subject to the fee
described in subsection (c-1). Payment of the Rental Housing
Support Program State surcharge shall be evidenced by a
receipt that shall be marked upon or otherwise affixed to the

HB5615 - 28 - LRB104 20583 JRC 34072 b
real estate-related document by the recorder. The form of this
receipt shall be prescribed by the Department of Revenue and
the receipts shall be issued by the Department of Revenue to
each county recorder.
The recorder shall not collect the Rental Housing Support
Program State surcharge from any State agency, unit of local
government, or school district.
On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by
the Department, the number of real estate-related documents
recorded for which the Rental Housing Support Program State
surcharge was collected. Each recorder shall submit $18 of
each surcharge collected in the preceding month to the
Department of Revenue and the Department shall deposit these
amounts in the Rental Housing Support Program Fund. Subject to
appropriation, amounts in the Fund may be expended only for
the purpose of funding and administering the Rental Housing
Support Program.
As used in this subsection, "real estate-related document"
means that term as it is defined in Section 7 of the Rental
Housing Support Program Act.
(Source: P.A. 103-400, eff. 1-1-24.)
Section 15. The Code of Civil Procedure is amended by
changing Section 15-1301 as follows:

HB5615 - 29 - LRB104 20583 JRC 34072 b
(735 ILCS 5/15-1301) (from Ch. 110, par. 15-1301)
Sec. 15-1301. Lien Created. It Except as provided in
Section 15-1302, from the time a mortgage is recorded it shall
be a lien from the time that a mortgage is recorded upon the
real estate that is the subject of the mortgage for all monies
advanced or applied or other obligations secured in accordance
with the terms of the mortgage or as authorized by law,
including the amounts specified in a judgment of foreclosure
in accordance with subsection (d) of Section 15-1603, unless
otherwise provided in Section 15-1302 or unless the nominee of
a mortgagee fails to provide the recorder with the cover sheet
required to accompany a mortgage under the Conveyances Act.
(Source: P.A. 84-1462.)
Section 20. The Conveyances Act is amended by changing
Section 11 as follows:
(765 ILCS 5/11) (from Ch. 30, par. 10)
Sec. 11. (a) Mortgages of lands may be substantially in
the following form:
The Mortgagor (here insert name or names), mortgages and
warrants to (here insert name or names of mortgagee or
mortgagees), to secure the payment of (here recite the nature
and amount of indebtedness, showing when due and the rate of
interest, and whether secured by note or otherwise), the
following described real estate (here insert description

HB5615 - 30 - LRB104 20583 JRC 34072 b
thereof), situated in the County of ...., in the State of
Illinois.
Dated (insert date).
(signature of mortgagor or mortgagors)
The names of the parties shall be typed or printed below
the signatures. Such form shall have a blank space of 3 1/2
inches by 3 1/2 inches for use by the recorder. However, the
failure to comply with the requirement that the names of the
parties be typed or printed below the signatures and that the
form have a blank space of 3 1/2 inches by 3 1/2 inches for use
by the recorder shall not affect the validity and effect of
such form.
Such mortgage, when otherwise properly executed, shall be
deemed and held a good and sufficient mortgage in fee to secure
the payment of the moneys therein specified; and if the same
contains the words "and warrants," the same shall be construed
the same as if full covenants of ownership, good right to
convey against incumbrances of quiet enjoyment and general
warranty, as expressed in Section 9 of this Act were fully
written therein; but if the words "and warrants" are omitted,
no such covenants shall be implied. When the grantor or
grantors in such deed or mortgage for the conveyance of any
real estate desires to release or waive his, her or their
homestead rights therein, they or either of them may release
or waive the same by inserting in the form of deed or mortgage

HB5615 - 31 - LRB104 20583 JRC 34072 b
(as the case may be), provided in Sections 9, 10 and 11, after
the words "State of Illinois," in substance the following
words, "hereby releasing and waiving all rights under and by
virtue of the homestead exemption laws of this State."
Mortgages securing "reverse mortgage" loans shall be
subject to this Section except where requirements concerning
the definiteness of the term and amount of indebtedness
provisions of a mortgage would be inconsistent with the Acts
authorizing "reverse mortgage" loans, or rules and regulations
promulgated under those Acts.
Mortgages securing "revolving credit" loans shall be
subject to this Section.
(b) The provisions of subsection (a) regarding the form of
a mortgage are, and have always been, permissive and not
mandatory. Accordingly, the failure of an otherwise lawfully
executed and recorded mortgage to be in the form described in
subsection (a) in one or more respects, including the failure
to state the interest rate or the maturity date, or both, shall
not affect the validity or priority of the mortgage, nor shall
its recordation be ineffective for notice purposes regardless
of when the mortgage was recorded.
(c) As used in this Section, "nominee of a mortgagee"
means any person or entity who (i) serves as mortgagee in the
land records for a mortgage loan registered on a national
electronic database that tracks changes in mortgage servicing
and beneficial ownership interests in residential mortgage

HB5615 - 32 - LRB104 20583 JRC 34072 b
loans on behalf of its members and (ii) is a nominee or agent
for the owner of the promissory note or the subsequent buyer,
transferee or beneficial owner of the note.
All mortgages or assignments of mortgage recorded by or
for a nominee of a mortgagee must be recorded with a cover
sheet that evidences the mortgagor's consent for that
instrument to be recorded by or for a nominee of a mortgagee.
The Department of Financial and Professional Regulation must
create a cover sheet template and accompanying guidance for
nominee recordings that requires the disclosure to the
borrower of, among other things:
(1) the identity and contact information for the
lender and the nominee;
(2) a notice that a lender may not require the use of a
nominee;
(3) a notice of all additional fees passed along to
the borrower as a result of the use of a nominee; and
(4) a notice nominee's website address for borrower to
access the current and past holders of the borrower's
mortgage.
If the recorded document includes a predatory lending
certificate cover sheet as required by the Residential Real
Property Disclosure Act, the required cover sheet under this
subsection must be on page 1 of the cover sheet so that it can
be read before the predatory lending certificate cover sheet.
(Source: P.A. 97-1164, eff. 6-1-13.)