Fillable Printable Quitclaim Deed Template - Illinois

Quitclaim Deed Template - Illinois

Implied covenants

765 ILCS 5/8) (from Ch. 30, par. 7)

Sec. 8. In all deeds whereby any estate of inheritance in

fee simple shall hereafter be limited to the grantee and his

heirs, or other legal representatives, the words "grant,"

"bargain" and "sell," shall be adjudged an express covenant to

the grantee, his heirs, and other legal representatives,

to-wit: that the grantor was the owner of an indefeasible

estate in fee simple, free from encumbrances done or suffered

from the grantor, except the rents and services that may be

reserved, and also for quiet enjoyment against the grantor,

his heirs and assigns unless limited by express words

contained in such deed; and the grantee, his heirs, executors,

administrators and assigns, may in any action, assign

breaches, as if such covenants were expressly inserted:

Provided, always, that this law shall not extend to leases at

rack-rent, or leases not exceeding 21 years, where the actual

possession goes with the lease.

(Source: P.A. 80-660.)

Deeds in general

(765 ILCS 5/9) (from Ch. 30, par. 8)

Sec. 9. Deeds for the conveyance of land may be

substantially in the following form:

The grantor (here insert name or names and place of

residence), for and in consideration of (here insert

consideration), conveys and warrants to (here insert the

grantee's name or names) the following described real estate

(here insert description), situated in the County of ...., in

the State of Illinois.

Dated (insert date).

(signature of grantor or grantors)

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.

Every deed in substance in the above form, when otherwise

duly executed, shall be deemed and held a conveyance in fee

simple, to the grantee, his heirs or assigns, with covenants

on the part of the grantor, (1) that at the time of the making

and delivery of such deed he was the lawful owner of an

indefeasible estate in fee simple, in and to the premises

therein described, and had good right and full power to convey

the same; (2) that the same were then free from all

incumbrances; and (3) that he warrants to the grantee, his

heirs and assigns, the quiet and peaceable possession of such

premises, and will defend the title thereto against all

persons who may lawfully claim the same. Such covenants shall

be obligatory upon any grantor, his heirs and personal

representatives, as fully and with like effect as if written

at length in such deed.

(Source: P.A. 91-357, eff. 7-29-99.)

Quitclaim deeds

(765 ILCS 5/10) (from Ch. 30, par. 9)

Sec. 10. Quitclaim deeds may be, in substance, in the

following form:

The grantor (here insert grantor's name or names and place

of residence), for the consideration of (here insert

consideration), convey and quit claim to (here insert

grantee's name or names) all interest in the following

described real estate (here insert description), situated in

the County of ...., in the State of Illinois.

Dated (insert date).

(signature of grantor or grantors)

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.

Every deed in substance in the form described in this

Section, when otherwise duly executed, shall be deemed and

held a good and sufficient conveyance, release and quit claim

to the grantee, his heirs and assigns, in fee of all the then

existing legal or equitable rights of the grantor, in the

premises therein described, but shall not extend to after

acquired title unless words are added expressing such

intention.

(Source: P.A. 91-357, eff. 7-29-99.)

(765 ILCS 5/11) (from Ch. 30, par. 10)

Mortgages

Sec. 11. 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

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 (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.

(Source: P.A. 91-357, eff. 7-29-99.)