720 ILCS 5/32-13 – Unlawful Clouding of Title
This law makes it illegal to file false or fake property documents that could confuse who owns land.
This law says that someone who knowingly files a false document that makes it look like they have a claim on someone else’s property is breaking the law. The punishment depends on how valuable the property is and whether the person has done it before.
(a) A person commits unlawful clouding of title when they purposely file, or cause someone to file, a document that makes it seem like there is a claim on a piece of land in Illinois, even though they know the legal idea behind that claim is not accepted by Illinois or U.S. courts.
(b) Sentence: For the first offense, if the cloud on title is worth $10,000 or less, it is a Class A misdemeanor. If it is worth more than $10,000, or the person has done it before, it is a Class 4 felony.
(c) In addition to other punishments, the court must order anyone found guilty or placed under supervision to sign paperwork that removes the false claim. If the court finds that the claim is not a real one under the law, it will tell the recorder or registrar to erase it from the records.
(c-5) This law does not apply to lawyers licensed in Illinois who file liens honestly for their clients and genuinely believe the lien is legally valid or could reasonably be supported by a good faith legal argument.
(d) “Cloud on title” means a false or invalid claim or lien that makes it look like someone else has rights to land. It appears valid at first but can be proven false through outside evidence.
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