County Resolution supersede State Statute?

[cooper998]

Not sure if this is the correct category for this topic, but here goes;

I filed some papers in regards to a land transfer with the county recorder to be recorded and made part of the public record.

When the papers were filed the county recorder placed an exemption statement on the coversheet and had me sign and date the exemption statement. The statute referenced in the notice states that my document is exempt from a parcel ID number.

When I received the document back in the mail there was a parcel ID number on it.

I checked the county website and it references the state statute that covers exemptions, which is the same as referenced in the exemption statement placed on my document.

However, further down the webpage it states that per county board resolution all deeds or documents affecting transfer of property require a parcel ID number.

My question is, does a county resolution supersede a state statute?

If a state statute says my document is exempt from a parcel ID number, and the county recorder places an exemption statement on my document that references that same statute and has me sign and date the notice, can he then just say put the parcel ID number on it after it was filed/recorded because a county ordinance says he can?

I say after it was filed/recorded because I have found case law saying that a document is considered filed as soon as the county recorded receives it...and case law saying a document is considered recorded as soon as it if filed.

I just can't find anything that says whether or not a county resolution supersedes a state statue.

Thanks in advance for any insight or guidance (as in possible study references) anyone may be able to provide.

cooper998

[weishaupt1776]

Default the clerk of court and the atty for the clerk, and the county atty while you are at it

Do an affidavit in negative avertment form w/a default clause and time limit in calendar days

Have a default admission that they are disregarding state law

Example
Affiant has not seen or been presented with any documents, records, or authorities which demonstrates that a county resolution supercedes state statutes and believe that none exists

see, you need to come out firing and force them to show what law(s) they are relying upon to justify their acts

Strike fast and strike hard

[cooper998]

Weishaupt1776,

Thanks for the reply. I see what you are getting at and will start drafting a document. Just to ask, would it be the county clerk or county recorder that I want to default?

Per the county website, there isn't a county attorney. The only office listed is the State Attorney.

Thanks again.


cooper998

[farmer_giles_of_ham]

Originally Posted by cooper998

When the papers were filed the county recorder placed an exemption statement on the coversheet and had me sign and date the exemption statement. The statute referenced in the notice states that my document is exempt from a parcel ID number.

When I received the document back in the mail there was a parcel ID number on it.

I checked the county website and it references the state statute that covers exemptions, which is the same as referenced in the exemption statement placed on my document.

However, further down the webpage it states that per county board resolution all deeds or documents affecting transfer of property require a parcel ID number.


If a state statute says my document is exempt from a parcel ID number, and the county recorder places an exemption statement on my document that references that same statute and has me sign and date the notice, can he then just say put the parcel ID number on it after it was filed/recorded because a county ordinance says he can?

could you post the statute?

are you sure the exemption is for a parcel number or for taxability? I think any property registered must have an identifying number just for administrative purposes. Such as to ID the parcel as "exempt".

The only way I know for a property to be "un-numbered" is to be excluded (not merely exempt) altogether from the system- to not appear in the first place.

[cooper998]

farmer_giles_of_ham

I actually wrote the county recorder a letter and he gave me this as his authority to add the parcel ID number to my document (the bold emphasis was his):

(35 ILCS 200/31‑25)
Sec. 31‑25. Transfer declaration. At the time a deed, a document transferring a controlling interest in real property, or trust document is presented for recordation, or within 3 business days after the transfer is effected, whichever is earlier, there shall also be presented to the recorder or registrar of titles a declaration, signed by at least one of the sellers and also signed by at least one of the buyers in the transaction or by the attorneys or agents for the sellers or buyers. The declaration shall state information including, but not limited to: (a) the value of the real property or beneficial interest in real property located in Illinois so transferred; (b) the parcel identifying number of the property; (c) the legal description of the property; (d) the date of the deed, the date the transfer was effected, or the date of the trust document; (e) the type of deed, transfer, or trust document; (f) the address of the property; (g) the type of improvement, if any, on the property; "

What he didn't send me was this, which is a couple of lines down from the above:

"Except as provided in Section 31‑45, a deed, a document transferring a controlling interest in real property, or trust document shall not be accepted for recordation unless it is accompanied by a declaration containing all the information requested in the declaration...(this is still in 35 ILCS 200/31‑25)"

Here is 35 ILCS 200/31‑45:

(35 ILCS 200/31‑45)
Sec. 31‑45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section:
(a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date.
(b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration.
(c) Deeds or trust documents that secure debt or other obligation.
(d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded.
(e) Deeds or trust documents where the actual consideration is less than $100.

The exemption statement they put on my document and had me sign/date says:

"exempt under provisions of paragraph E Section 31-45 of the Real Estate Transfer Tax Law (35 ILCS 200/31-45)"

The paragraph reference was written in ink by the recorder's office.

It was while researching this that I came across the county resolution, which the recorder never mentioned when I wrote and asked him what gave him the authority to add that number to my document.

Well, I need to get to work. Thank you for your input, it's much appreciated.

cooper998

[weishaupt1776]

Originally Posted by cooper998

Weishaupt1776,

Thanks for the reply. I see what you are getting at and will start drafting a document. Just to ask, would it be the county clerk or county recorder that I want to default?

Default them both

there must be a county attorney

Check your phonebook

Also start thinking about what damages you could potentially suffer

[moishanb]

Originally Posted by cooper998

farmer_giles_of_ham

I actually wrote the county recorder a letter and he gave me this as his authority to add the parcel ID number to my document (the bold emphasis was his):

(35 ILCS 200/31‑25)
Sec. 31‑25. Transfer declaration. At the time a deed, a document transferring a controlling interest in real property, or trust document is presented for recordation, or within 3 business days after the transfer is effected, whichever is earlier, there shall also be presented to the recorder or registrar of titles a declaration, signed by at least one of the sellers and also signed by at least one of the buyers in the transaction or by the attorneys or agents for the sellers or buyers. The declaration shall state information including, but not limited to: (a) the value of the real property or beneficial interest in real property located in Illinois so transferred; (b) the parcel identifying number of the property; (c) the legal description of the property; (d) the date of the deed, the date the transfer was effected, or the date of the trust document; (e) the type of deed, transfer, or trust document; (f) the address of the property; (g) the type of improvement, if any, on the property; "

What he didn't send me was this, which is a couple of lines down from the above:

"Except as provided in Section 31‑45, a deed, a document transferring a controlling interest in real property, or trust document shall not be accepted for recordation unless it is accompanied by a declaration containing all the information requested in the declaration...(this is still in 35 ILCS 200/31‑25)"

Here is 35 ILCS 200/31‑45:

(35 ILCS 200/31‑45)
Sec. 31‑45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section:
(a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date.
(b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration.
(c) Deeds or trust documents that secure debt or other obligation.
(d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded.
(e) Deeds or trust documents where the actual consideration is less than $100.

The exemption statement they put on my document and had me sign/date says:

"exempt under provisions of paragraph E Section 31-45 of the Real Estate Transfer Tax Law (35 ILCS 200/31-45)"

The paragraph reference was written in ink by the recorder's office.

It was while researching this that I came across the county resolution, which the recorder never mentioned when I wrote and asked him what gave him the authority to add that number to my document.

Well, I need to get to work. Thank you for your input, it's much appreciated.

cooper998

Ah, after reading the first couple of lines justifying the county's determination and justification for Parcel ID, the county or it's agents are determining that your property is real property. Real property is the commercial overlay, I believe that you must identify the property as private property, and perhaps give them notice that you own the property by being a bona fide purchasere for value, and perhaps stating that you used lawful money for the purchase.

The real property misnomer will always be used against you, and justify the private county's actions.

[indio007]

Blackwell on Tax Titles 430

A tax deed which upon its face bears evidence of a non-compliance with a substantial requisition of the law, is a nullity

The parcel identifying number is there for the purposes of taxation. The county is basically claiming the land.
The power to tax is the power to sell.

With regard to the assessment of real property the statutes ordinarily direct how the property may be described, and this is said to be for the protection of the taxpayer.

Black on Tax Titles, par. 101

When your exempt your exempt , the county doesn't need to describe it because it can not assess it.
The game there playing is most likely that your exemption causes them to lose assets and might affect their credit. If you have their little number on you deed they can still claim it as theirs to their creditor.

[farmer_giles_of_ham]

I think I get the situation- you are claiming an exemption from the transfer tax. This was conceded. The law is just saying that otherwise, where this tax is applied, a declaration form is required that includes certain info, like the parcel #. The fact that the exemption was allowed has nothing to do with the initial fact of a parcel number exists.

Except as provided in Section 31‑45, a deed, a document transferring a controlling interest in real property, or trust document shall not be accepted for recordation unless it is accompanied by a declaration containing all the information requested in the declaration

see? this declaration must have all the relevant info- if exempt, no decl. needed. But the parcel number already existed and will continue to do so.

exemption is different from exclusion. If you want the latter, its going to take some more work.

[ezrhythm]

Ex-officio clerks

County Clerk is also Clerk of
the superior court,
(i.e. a court of common law)
and "courts of record"


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County Clerk

Recorders Office
Created by statute to keep track of the corporate government's holdings which are applied as collateral to the increasing debt. The written records are a continuation of the "Doomsday Book" which keeps track of the Crown of England's holdings. The "Doomsday Book" originated as a written record of the conquered holdings of king William, which was later the basis of his taxes and grants.

Property recorded at the recorders office makes the corporate de facto government "holders in due course"