Illinois Land Title Association Granted Summary Judgment in Case against Cook County Recorder of Deeds

The Cook County Circuit Court granted the Illinois Land Title Association’s motion for summary judgment for its writ of mandamus to require the Cook County Recorder of Deeds to record heirship deeds and affidavits without first requiring a certified probate court order.

The court made its ruling March 15.

The Illinois Land Title Association claimed the Cook County Recorder of Deeds violated the law by refusing to record heirship deeds and affidavits unless they are accompanied by a probate court order demonstrating that heirship has been proven in court.

Karen Yarbrough resigned as recorder of deeds in December 2018 to become the Cook County clerk. The Cook County clerk's office is taking over the duties of the recorder's office, a process that will take about two years to complete.

For more on the case, read the January edition of the Illinois Bar Journal.