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Are Illinois notaries required to log all internal bank documents (mortgage releases, etc.)? – IBA Compliance Connection

Are Illinois notaries required to log all internal bank documents (mortgage releases, etc.)?

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Notaries are not required to log internal bank documents related to a residential mortgage, but they must log documents that are considered “documents of conveyance” of residential property. The Illinois Notary Public Act requires all notaries to keep a Notarial Record of any “document of conveyance” that transfers residential property (defined as a building or condominium with one to four units that is located in Cook County). 5 ILCS 312/3-102. Note that some conveyance documents are excluded from the Notarial Record requirement, including certain court-ordered conveyances, judicial sale deeds, transfers into trusts (where the grantor is the beneficiary), and deeds in lieu of foreclosure. 5 ILCS 312/3-102(b)(1).

There are other requirements in the Act regarding Notarial Records. Most notably, any notary that is an employee of a financial institution must deliver the Notarial Record to the financial institution within fourteen days of notarizing a document of conveyance. The financial institution then must retain the Notarial Record for seven years. 5 ILCS 312/3-102(d).