As you know, the Illinois Real Estate Lawyers Association has been monitoring the case in Cook County between the Illinois Land Title Association (ILTA) and the Recorder of Deeds. (The original complaint can be read here.)
The litigation ensued because of the Recorder's refusal to accept any documents titled "Affidavit of Heirship" or "Affidavit of Survivorship", unless also accompanied by a court order. It is worth noting that this policy was instituted by Karen A. Yarborough, though it was continued by Edward M. Moody when Ms. Yarborough became the County Clerk.
It is our firm belief that the Recorder has an obligation to record presented documents and that the role of the recorder is not to analyze a document's content.
I am happy to report that the judge in the matter, Hon. Michael T. Mullen, granted ILTA's motion for summary judgment earlier today. (You can click here to read the order.)
A big thank you to ILTA for filing this suit and pursuing it to a successful resolution.
John G. O'Brien
Chairman & President
P.O. Box 4956
Oak Brook, IL 60522-4956
Telephone: (312) 600-7720
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