Recording a deed in McHenry County, Illinois

Recording a deed in McHenry County

Deeds affecting property in McHenry County, Illinois are recorded with the County Recorder. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording rules the office applies come from 55 ILCS 5/3-5018.2 (5/4-12002.3 in Cook County), 5/3-5020, 5/3-5022 and 5/3-5026; 765 ILCS 5/28. Deeds themselves are governed by 765 ILCS 5/1.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
• Form PTAX-203 (Illinois Real Estate Transfer Declaration) for a taxable deed. An exempt deed carries a signed exemption statement on its face instead.
• Payment for the recording fee, about $70 per document. Many offices do not take personal checks.

Formatting

• Illinois requires a blank space of at least 3 by 5 inches from the upper right corner of the first page, half-inch margins on every side, black ink, white paper of at least 20-pound weight at 8.5 × 11 inches, and no attachment stapled or otherwise affixed to any page (55 ILCS 5/3-5018.2, and 55 ILCS 5/4-12002.3 in Cook County). Both took effect January 1, 2024, when § 3-5018 was repealed. Documents outside those standards record at a higher 'nonstandard' document fee (Cook County calls it 'irregular'). The statute sets no minimum type size. Deedly prints nothing smaller than 10 points.
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch clear space at the top of page one for the recording stamp, 0.5-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personTake the original to the County Recorder in Woodstock. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.