Cook County Illinois Recorder of Deeds - was the document proper for recording?

Asked over 3 years ago - Cicero, IL

If an affidavit alleging a previous mortgage assignment is presented for recording in Cook County, but the affiant did not date it, the affiant's address is not stated, there is no assignment annexed to the affidavit and the notary also did not provide the date of notarization on the affidavit, is the affidavit proper for recording? If not, may I file greivance with the Recorder to have the affidavit rendered ineffective due to improper recording of the affidavit? May I present for recording an affidavit stating that there has not been an assignment of the mortgage, based on the fact that there is no recorded mortgage assignment? What can I do?

What does the Cook Co. Recorder deem to be a recordable document?

Additional information

The affiant is characterized as an officer of MERS (Mortgage Electronic Registration Systems, Inc), and is the atty representing the servicer in 4closure proceeding. Recorded a month after 4closure was filed and 8 mos after TILA rescission notice was given to named lender, servicer, and MERS. We answered 4closure with aff def of fraudulent assignment, rescission right exercised, no legal standing of servicer, among other defenses. Servicer has later stated in Fed court that it is merely the servicer, not mtgee. So, the mtgee MERS purports to assign the note/mtg, but the assignee says its not the mtgee. So, who is? QWR's not propery responded to for 56 months now. There is no tax dec, no copy of purported assignment, and the preparer is the servicer's attny/MERS officer. I need counsel on contingency (or close to it) for currently pro se chancery and Fed TIL cases, do not qualify for free atty and can't afford retainers due to financial devastation which I did not have before this refinance.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . What does the Cook Co. Recorder deem to be a recordable document?

    All property related documents must contain a Property Identification Number (PIN), a complete legal description (available from the County Clerk's office or prior documents on that parcel) and a commonly known address for the property. The grantee's name must appear on the face of all deeds and a return mail address must appear on the face of the document.

    Also, documents affecting title must have a preparer's name, a Real Estate Tax Declaration form (municipal, county, state where applicable) or exemption forms

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    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

  2. Erica Crohn Minchella

    Contributor Level 14

    Answered . Unfortunately, to be valid in Illinois, an assignment does not need to be recorded - Recording is just "notice" and does not affect validity. An assignment can be done verbally or electronically without the need to memorialize with the Recorder's Office that it has been done. The real issues regarding the validity of assignments arise when there is a foreclosure or if there is a dispute regarding the correct accounting of your payments to the correct holder of your Note and Mortgage.

    Notarization, too, does not make a document valid or invalid for recording. It is a statement that the signature was actually signed in front of someone who acknowledged that they checked on the identity of the person signing - which might be significant for a court hearing, but not necessary to validate the document.

    You should read the document carefully though - a mortgage cannot be assigned without the underlying debt, i.e. the Note. You may want to make a Qualified Written Request of your lender to prove that they have the property documents to support your obligation to pay the entity you are paying.

    As to what the Recorder deems to be a recordable document - they basically will take anything given to them to record - although certain documents, such as deeds, require certain formalities to be accepted for recording. If the Recorder's employees are not sure of the validity of the document sought to be recorded, they will often stamp "Recorded at Customer's Request" at the bottom, implying that they are not passing on the validity of the document.

    As an aside, if you are looking at this because of an impending foreclosure, there may or may not be a valid claim that the assignment is not effective. However, by what you have stated, you have not gotten to the issue the Court will look at. You should locate effective foreclosure defense counsel.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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