Illinois Pilot Program Tests Blockchain in Real Estate Land Records Management | Practical Law

Illinois Pilot Program Tests Blockchain in Real Estate Land Records Management | Practical Law

A recent study at the Cook County Recorder of Deeds in Illinois discusses the legal issues and potential benefits of incorporating blockchain technology in real estate transactions and land records management.

Illinois Pilot Program Tests Blockchain in Real Estate Land Records Management

Practical Law Legal Update w-009-2976 (Approx. 6 pages)

Illinois Pilot Program Tests Blockchain in Real Estate Land Records Management

by Practical Law Real Estate
Published on 14 Aug 2017Illinois
A recent study at the Cook County Recorder of Deeds in Illinois discusses the legal issues and potential benefits of incorporating blockchain technology in real estate transactions and land records management.
Blockchain is a technology that has great potential for the real estate industry, particularly for recording and managing land records. Blockchain is a proven technological method for storing transactional records that is immune to alteration, destruction, and loss thanks to asymmetric cryptography, distributed ledger technology, file hashing, and data integrity certification systems.
A pilot program conducted with the Cook County Recorder of Deeds (CCRD) in Illinois, in conjunction with legal counsel, investigated the legal issues and potential benefits of the application of blockchain technology to the management of land records. The full report of the study can be found on the Cook County Recorder website.

Legal Requirements for Recordation

The purpose of recording a document in the public records is to provide constructive notice of a transfer or other matter impacting the ownership of real estate. Constructive notice informs potential subsequent purchasers of any claims affecting a particular parcel of real estate. Recording alone does not validate a transaction but makes third parties aware of a possible claim.
In Illinois, it is not legally required to record a deed, nor is it required that deeds or other instruments be on paper. This means a blockchain transaction would likely be permissible in Illinois because it could fulfill the requirements of the state's recording statute.
Under Illinois law, to be recordable a conveyance or deed must:

Problems with Existing Recording Systems

Problems commonly experienced by land recording offices include:
  • Lack of resources and inefficiency. Many recording offices do not have the resources to implement new technology or to consistently back up records. The documents needed to complete a single transaction or to compile a title abstract may be spread across multiple offices in various locations.
  • Accuracy. Clerks must manually review all documents submitted to ensure they are acceptable for recording. The documents must be scanned, which may lead to poor image quality or illegible text. Certain data points that are searchable must be manually typed into the database, which creates a risk of an input error.
  • Security. Physical records can be destroyed by water or fire. Electronic records can be lost in database failures, cyberattacks, or electricity outages. Paper records are also subject to forgery and manipulation.
  • Cost. Unfamiliarity with the transaction process leads consumers to rely on experts, which increases the costs of transactions.
  • Fraudulent recordings. The current system accepts instruments for recording without any verification of the substance of transaction. This allows for the recording of:
    • false or frivolous liens;
    • fraudulent releases of mortgages; and
    • fraudulent conveyances.

Potential Benefits of Using Blockchain

Blockchain could provide the following benefits for land records management:
  • Productivity. Blockchain could allow for fewer employees and increased productivity which could mean:
    • better service;
    • more revenue, and
    • lower costs for consumers.
  • Savings. The savings generated by incorporating blockchain may lower the cost of digital technology for counties that cannot afford to implement electronic document recording systems.
  • Complete accuracy. This technology ensures complete accuracy between the act of conveyance and what is recorded in the conveyance document. Both events would occur in a single simultaneous transaction.
  • Verification and Consistency. Blockchain incorporates distributed ledger technology (DLT), meaning that every record is constantly backed up and verified by every other office that incorporates blockchain. This would also create digital property abstracts that would consolidate information spread across various government offices. This means that every record would be available at every office, rather than portions of a record being physically stored at separate offices. Blockchain can be used without a third-party intermediary, such as a title agent, to validate the transaction. The blockchain itself provides the settlement of the transaction and the notarial act of timestamping. Blockchain automatically ties new filings to existing recorded filings, basically verifying the chain of title. Records are never deleted.
  • Preventing Fraud. Purchasers have to check multiple government offices to find the information needed to figure out if a transaction is an illegal scam. Purchasers that lack resources and credit history cannot qualify for bank mortgages so they fall into contract-for-deed schemes for homes that are not owned by the purported seller. Blockchain would consolidate property data that would easily allow a purchaser to figure out if a proposed transaction was illegitimate.

Practical Implications

Real estate attorneys regularly record a variety of documents, including deeds, mortgages, liens, lis pendens, mechanic's liens, and memoranda of leases, so the impact of blockchain on the practice of real estate may be significant. Although it is likely that blockchain transactions are already legal under most recording statutes, those statutes could be amended to specifically allow for these kinds of transactions.
For practitioners, blockchain represents another new technology for attorneys to learn. Many questions remain as to how blockchain will affect real estate practice:
  • How should an attorney decide whether to file through blockchain or traditional methods?
  • Is blockchain an alternative to traditional filing or will it be the only method?
  • Are there any advantages for continuing traditional recording?
For more information about recordation, see State Q&As: