Illinois Real Estate Power of Attorney Overview
A Illinois real estate power of attorney authorizes an agent to handle property transactions on behalf of the property owner. This includes buying, selling, refinancing, leasing, and managing real property located in Illinois. The POA must be recorded with the county recorder in the county where the property is located before the agent can execute any documents.
Illinois requires all real estate POAs to be notarized and requires 1 required in addition to notarization. Illinois provides a statutory form (Statutory form (755 ILCS 45)) that is recommended for use. Title companies in Illinois will typically accept a properly recorded POA, though they may have additional requirements.
Lenders such as Fannie Mae, FHA, and VA have specific rules about POA use for mortgage transactions in Illinois. The POA must specifically authorize mortgage or refinancing transactions, and the borrower typically must have signed the initial loan application personally.
Required
Recording
Required
Notarization
1 Required
Witnesses
Statutory form (755 ...
Specific form
Illinois Real Estate POA Requirements
Critical: Record Before Using
The POA must be recorded with the Illinois county recorder BEFORE the agent signs any real estate documents. A deed or mortgage signed by an agent whose POA has not been recorded will be rejected.
- Notarization: Required for all Illinois real estate POAs
- Witnesses: 1 Required in Illinois
- Recording: Must be recorded in the county where the property is located
- Specific Form: Statutory form (755 ILCS 45)
- Title Company: Title companies may require specific form
- Legal Description: Including the property's full legal description is strongly recommended
Recording in Illinois
To use a real estate POA in Illinois, the document must be recorded with the county recorder in the county where the property is located. This gives public notice of the agent's authority and is required before any real estate documents can be signed by the agent.
Prepare the Document
Ensure the POA is properly notarized and meets Illinois recording format requirements
Visit the County Recorder
File the original notarized POA at the county recorder's office where the property is located
Pay Recording Fees
Fees vary by Illinois county, typically $10-$50 depending on page count
Obtain Certified Copies
Get certified copies for the title company, lender, and your records
How to Create a Illinois Real Estate POA
Identify Principal and Agent
Full legal names and addresses of the property owner and the person who will act on their behalf. Consider naming a successor agent in case the primary agent is unavailable.
Define the Real Estate Authority
Specify what the agent can do: buy, sell, refinance, lease, manage, or all of the above. Include the legal description of the Illinois property if the POA is limited to specific property.
Execute, Notarize, and Witness
Sign before a Illinois notary public. Obtain 1 required as required by Illinois law. Ensure the document meets Illinois county recording format standards.
Record with Illinois County
File the original with the county recorder where the property is located. This must be done BEFORE the agent signs any documents. Get certified copies for the title company and lender.
Lender Acceptance in Illinois
If the Illinois real estate transaction involves a mortgage, the lender has additional requirements:
| Lender | Requirements |
|---|---|
| Fannie Mae | POA must authorize mortgages; agent cannot be loan officer; borrower signs initial app |
| FHA | POA must be recorded in Illinois; must be property-specific; principal must be verified alive |
| VA | Accepted for active duty; must comply with Illinois law; lender documents reason for POA use |
Illinois Real Estate POA FAQ
Answers to common questions about Illinois real estate powers of attorney, recording requirements, and title company acceptance.
Official Illinois Resources
Use these official resources for your Illinois real estate power of attorney.
Other Illinois Power of Attorney Types
Need a different type of power of attorney for Illinois?
Illinois General POA
Broad authority for financial and legal matters
Illinois Durable POA
Remains valid if you become incapacitated
Illinois Medical POA
Healthcare decisions and HIPAA authorization
Illinois Financial POA
Banking, investments, and financial management
Illinois Limited POA
Specific transactions or time-limited authority
Illinois Springing POA
Activates upon a specific event or condition
Illinois Minor Child POA
Temporary guardianship for children
Illinois Vehicle POA
DMV transactions and vehicle transfers
Create Your Illinois Real Estate POA
Answer a few questions and download your Illinois-compliant, county-recordable document in minutes.
No account required. Free to create and preview.