State records guide
Title research in Illinois
Facts below are taken from Illinois statutes and official sources, each linked, each checked on the date shown. General information, not legal advice.
Illinois has 102 counties, with deeds recorded by the county recorder or, in many counties, the county clerk. Mortgage foreclosure is a lawsuit, and on residential land the redemption period ends 7 months from service or 3 months from judgment, whichever is later. Section 21-350 sets 3 years to redeem sold taxes, or 1 year for listed property.
What an Illinois title search has to account for
| Where deeds are recorded | The county clerk is the recorder in counties of less than 60,000 people, and counties of 60,000 or more elect a recorder. Source: 55 ILCS 5/3-5001, checked 2026-11-09. |
|---|---|
| Recording jurisdictions | Illinois has 102 counties, all of them functioning governmental units. Source: U.S. Census Bureau, Illinois State and Local Geography Guide, checked 2026-11-06. |
| Mortgage foreclosure process | The Nineteenth Judicial Circuit page linked here describes a foreclosure as a type of lawsuit filed by a lender, after which the owner is served with a summons and a complaint. The court file is part of the search. Source: Nineteenth Judicial Circuit Court of Lake County, Mortgage Foreclosure (Center for Self-Representation), checked 2026-11-06. |
| Foreclosure redemption period | On residential real estate the redemption period ends on the later of 7 months from service or submission to jurisdiction, or 3 months from the judgment. Other foreclosures use 6 months in place of 7. The section has shorter periods on its listed findings, and the right can be validly waived. Source: 735 ILCS 5/15-1603, checked 2026-11-09. |
| Delinquent property tax sales | Peoria County's clerk page linked here states that only the unpaid taxes are sold, that the taxes paid plus fees are charged in the County Clerk's office as a tax lien against the property, and that if no redemption is made within the time allowed the tax buyer can petition the court for the deed. Source: Peoria County Clerk, delinquent tax sale and redemption FAQ, checked 2026-11-06. |
| Redemption after a tax sale | Property sold at a tax sale may be redeemed before the expiration of 3 years from the date of sale, or 1 year if on that date it is vacant non-farm property, has 7 or more residential units, or is commercial or industrial. The latest changes apply to certificates issued on or after July 10, 2026. Source: 35 ILCS 200/21-350, checked 2026-11-09. |
| Transfer-on-death deed | Under the Real Property Transfer on Death Instrument Act, an individual Illinois owner may transfer real property to one or more beneficiaries effective at death by a transfer on death instrument that has the formalities of a recordable deed, is signed, witnessed by two credible witnesses and acknowledged before a notary, states that the transfer occurs at the owner's death, and is recorded before the owner's death with the county recorder. Illinois transfer on death instrument rules, section by section. Source: 755 ILCS 27/40, Requirements, checked 2026-11-07. |
| Marital property system | The Seventeenth Judicial Circuit describes Illinois as a separate property state: the first step in dividing property is determining what is marital property and what is not, and property and debts are then distributed equitably. Illinois community property and entirety rules, section by section. Source: Seventeenth Judicial Circuit Court (Illinois Courts), Divorce Overview: Division of Property and Debt, checked 2026-11-06. |
Where are Illinois deeds recorded?
An Illinois search starts by fixing the county, one of 102. Under 55 ILCS 5/3-5001 the county clerk is the recorder in counties of less than 60,000 people; in counties of 60,000 or more a recorder is elected as provided by law, and the office continues if the population later falls below 60,000 and the county board so resolves. Some counties have since moved recording into the clerk's office: in Cook County, the Cook County Clerk's Recordings Division records, stores and maintains land records.
A transfer declaration travels with the deed but does not join the record. Section 31-25 of the Property Tax Code calls for a declaration, or an exemption notation under the Department of Revenue instructions, when a deed is presented for recording, and section 31-30 says the recorder shall not record the declaration and sends it on to the chief county assessment officer. The report traces the chain of title as far back as the county's records go, with document images of the key instruments.
How does an Illinois mortgage foreclosure show up in the record?
Illinois forecloses mortgages in court. As the Nineteenth Judicial Circuit page linked above puts it, a foreclosure is a type of lawsuit filed by a lender, and the owner is served with a summons and a complaint. The report verifies findings with the recorder and the courts.
The redemption period generally ends before the sale. For residential real estate, 735 ILCS 5/15-1603(b) ends it on the later of 7 months from service or submission to the court's jurisdiction, or 3 months from the foreclosure judgment. Other foreclosures use 6 months from service in place of 7. The section has shorter periods where the court makes its listed findings, including 60 days where the value is below 90 percent of the amount due and the mortgagee waives a deficiency, and an abandoned property rule, and the right can be validly waived.
Three more sections bear on the order of events. Section 15-1604 gives a residential special right to redeem where a mortgagee party buys at a price below the amount due. Section 15-1508 has the court confirm a sale, and section 15-1404 ties the end of interests to that confirmation. Section 15-1402 allows a consent foreclosure, which vests title by judgment with no sale. Whether a right remains is for an Illinois attorney.
What does an Illinois tax sale actually sell?
As the Peoria County Clerk page linked above puts it, only the unpaid taxes are sold. The page describes the mechanics: the tax buyer whose bid is accepted pays the amount due in the Treasurer's office, the taxes paid plus fees are charged in the County Clerk's office as a tax lien against the property, and during the redemption period the owner is still the owner of the property.
35 ILCS 200/21-350 sets the period. Property may be redeemed before the expiration of 3 years from the date of sale, or 1 year if on that date it is vacant non-farm property, has 7 or more residential units, or is commercial or industrial. The section says the latest changes apply to certificates issued on or after July 10, 2026, so an older certificate needs the earlier text. The Peoria page describes minimums of two and a half years for homes of one to six units and two years for other property, with a buyer's extension to three years. Section 21-385 has its own rules for county-held and assigned certificates.
What follows the redemption period depends on the certificate. For certificates issued on or after July 10, 2026, sections 22-40 and 22-42, as amended by Public Act 104-553, replace the deed petition with a judicial tax deed auction: once the court orders it, the property is offered at public auction within 120 days and sold to the highest bidder, bidding starts at the tax deed judgment amount plus interest and costs, and the petitioner takes the tax deed only if no bidder pays that minimum. For older certificates, the buyer petitions the court for the deed, as the Peoria page describes. Where a tax deed or a foreclosure sale is the reason for the order, the auction title research package states the surviving liens, taxes and assessments in dollars and the state redemption rules.
How does the report read an Illinois divorce or death?
The Seventeenth Judicial Circuit page linked above describes Illinois as a separate property state and sets out the steps in dividing property at divorce: determine what is marital property and what is not, assign a value, and distribute property and debts equitably. The IRS list of community property states does not include Illinois.
When the record shows a dissolution, the report reports the recorded deed or judgment it finds, for an attorney or a buyer to read.
When an owner has died, the probate title search finds the decedent's property by name and reports vesting at death, how title passes and the liens to pay.
What does the report show for an Illinois property?
Every package includes the chain of title as far back as the county's records go, document images of the key instruments, findings verified with the assessor, tax office, recorder and courts, recorded easements, and a plain-language summary. Packages add the items named on their own pages, such as liens to clear for a buyer or the foreclosing lien's position for a bidder.
The report does not decide the legal effect of what it finds; an attorney decides that, with the recorded documents attached.
Which package fits an Illinois property?
Every package covers Illinois property wherever it is recorded. Pick by situation:
- Probate law firm: Find every property a decedent held, how it was vested and what has to be paid before it passes. $595 per estate.
- Real estate law firm: A preliminary report with schedule-style exceptions and print-ready exhibits for your matter. $695 per property.
- Builders and developers: Multi-parcel research on access, easements, restrictions, mineral reservations and entity ownership. $995 first parcel.
- Auction buyer: Know the total cost to own, which liens survive the sale and whether to bid at all. $395 for 1 property.
- Home buyer: Confirm the seller owns the home and learn what has to be cleared before you pay. $449 per property.
- Home seller: Find the old mortgage, judgment or name mismatch before a buyer's title company does. $449 per property.
Questions about Illinois title research
Where do I find the recorded deed for an Illinois property?
At the county recorder's office in the county where the property is located, or the county clerk's office in a county of less than 60,000 people and in counties, such as Cook, that moved recording to the clerk. Illinois has 102 counties. A transfer declaration is presented with the deed, but section 31-30 says the recorder shall not record it, and sends it to the chief county assessment officer.
Is Illinois a judicial foreclosure state?
Yes. As the Nineteenth Judicial Circuit describes it, a foreclosure is a type of lawsuit filed by a lender, and the owner is served with a summons and a complaint. On residential real estate the redemption period under 735 ILCS 5/15-1603 ends on the later of 7 months from service or 3 months from the judgment. Section 15-1402 also allows a consent foreclosure, which vests title by judgment.
When does redemption run in an Illinois foreclosure?
Generally before the sale. Section 15-1603(b) on residential real estate ends the period on the later of 7 months from service or 3 months from the foreclosure judgment, and other foreclosures use 6 months from service. Shorter periods apply on the section's findings, and section 15-1604 gives a residential special right after certain sales to a mortgagee party below the amount due.
How long does an Illinois owner have to redeem after a tax sale?
Under 35 ILCS 200/21-350, before 3 years from the date of sale, or 1 year if on that date the property is vacant non-farm property, has 7 or more residential units, or is commercial or industrial. The latest changes apply to certificates issued on or after July 10, 2026. Peoria County's clerk page describes different minimums, so check the certificate's date.
What does an Illinois tax buyer hold after the sale?
According to Peoria County's clerk page, the tax buyer pays the amount due, and the taxes paid plus fees are charged in the County Clerk's office as a tax lien against the property, while the owner is still the owner during the redemption period. For certificates issued on or after July 10, 2026, a court-ordered judicial tax deed auction follows an unredeemed sale, and the buyer takes the deed only if no bidder pays the minimum bid.
How does Illinois divide property at divorce?
The Seventeenth Judicial Circuit describes Illinois as a separate property state. The first step is determining which property and debts are marital and which are not; values are assigned, and property and debts are then distributed equitably between the spouses. For a title search, a recorded judgment or deed is what carries a division into the chain of title.