ILCS » Chapter 765 · Act 5
Illinois Compiled Statutes

765 ILCS 5/9 (2026)

Deeds for the conveyance of land may be substantially in the following form:     The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration), conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the County of

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(765 ILCS 5/9) (from Ch. 30, par. 8)
    Sec. 9. Deeds for the conveyance of land may be substantially in the following form:
    The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration), conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the County of ...., in the State of Illinois.
    Dated (insert date).
(signature of grantor or grantors)

    The names of the parties shall be typed or printed below the signatures. Such form shall have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder. However, the failure to comply with the requirement that the names of the parties be typed or printed below the signatures and that the form have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder shall not affect the validity and effect of such form.
    Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple, to the grantee, his heirs or assigns, with covenants on the part of the grantor, (1) that at the time of the making and delivery of such deed he was the lawful owner of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all incumbrances; and (3) that he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory upon any grantor, his heirs and personal representatives, as fully and with like effect as if written at length in such deed.
(Source: P.A. 91-357, eff. 7-29-99.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1998–2026 · leading case: Loop Mortg. Corp. v. Williams, 706 N.E.2d 465 (Ill. 1998).
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Loop Mortg. Corp. v. Williams, 706 N.E.2d 465 (Ill. 1998). · cites it 2× “2d 458, 468 (1991); 765 ILCS 5/9 (West 1996). The grantee's failure to record the deed does not affect the deed's operation as a conveyance.”
In Re Cook Cnty. Treasurer, 706 N.E.2d 465 (Ill. 1998). “2d 548 (1991); 765 ILCS 5/9 (West 1996). The grantee's failure to record the deed does not affect the deed's operation as a conveyance.”
Greater Illinois Title Co. v. Terranova (In Re Terranova), 301 B.R. 509 (Bankr. N.D. Ill. 2003). · cites it 2× “Under Illinois law any deed that follows the substance of the statutory form of a warranty deed covenants that the property was free from all encumbrances at the time of making and delivery of the deed. 765 ILCS-5/9; Illinois Jurisprudence, Property § 12.”
In Re Giddens, 298 B.R. 329 (Bankr. N.D. Ill. 2003). “2d 548 (1991); 765 ILCS 5/9 (West 1996). The grantee’s failure to record the deed does not affect the deed’s operation as a conveyance.”
Schaul ex rel. Est. of Crawford v. Ludwig (In re Ludwig), 508 B.R. 48 (Bankr. N.D. Ill. 2014). “See 765 ILCS 5/9 (2012) (stating that a warranty deed represents that the grantor is “the lawful owner of an indefeasible estate in fee simple” and has “good right and full power to convey the same”).”
U.S. Bank Nat'l Trust Ass'n v. Machek, 2026 IL App (3d) 240695-U (Ill. App. Ct. 2026). “765 ILCS 5/9 (West 2022). ¶ 30 B. Notice of the Nationstar Mortgage ¶ 31 Chaudhry and Ingram next argue that issues of fact remain as to whether Ngo and Nguyen had actual or constructive notice of the mortgage when purchasing the property based on the mortgage being recorded and…”
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