The Cook County Grantor-Grantee Statement is a short sworn affidavit, officially titled “Grantor/Grantee Affidavit: Statement by Grantor and Grantee,” in which both the person transferring property and the person receiving it swear that the grantee is legally allowed to hold real estate in Illinois. It is not a financial disclosure. It is a gatekeeping document that the Cook County Clerk’s Recording Division uses to confirm the grantee is a valid legal taker of title before the deed enters the public record.
What the Affidavit Certifies
Both parties affirm under oath that the grantee named on the deed falls into one of the categories Illinois recognizes as capable of holding real estate: a natural person, an Illinois corporation, a foreign corporation authorized to do business in Illinois, a partnership authorized to hold Illinois real estate, or another entity permitted under Illinois law to take title. The blank form is posted on the Cook County Clerk’s Recording Division website under “Forms for Recording.”1Cook County Clerk. Forms For Recording
The point of forcing that certification onto a signed, notarized page is to surface problems early. A deed naming a grantee that doesn’t legally exist, or an entity not authorized to hold Illinois property, gets caught here rather than after it has been recorded.
When You Need to File It
The affidavit attaches to a deed or an assignment of beneficial interest in a land trust being recorded in Cook County. The Cook County eRecording guidelines list it as required “if applicable,” and the form itself directs filers to attach it to deeds claiming an exemption under the Illinois Real Estate Transfer Tax Act (35 ILCS 200/Art. 31).
In practice, that means the affidavit most often accompanies exempt transfers: deeds into living trusts, transfers between family members, and corrective deeds where no money changes hands. If your recording package is missing a required document, the Clerk’s Recording Division can reject the whole submission, so filers claiming an exemption should include the completed affidavit alongside the deed and the transfer tax declaration.
Information You Need on the Form
The affidavit is short, but every field on it has to match the deed exactly. Small inconsistencies are one of the most common reasons recordings come back.
- Full legal names and mailing addresses for both grantor and grantee, spelled the same way they appear on the deed. A middle initial on the deed but not on the affidavit is enough to draw a rejection.
- The 14-digit Property Index Number (PIN) identifying the parcel. You can pull it from a property tax bill, closing documents, the existing deed, or an assessment notice.2Cook County Assessor’s Office. Where Do I Find My PIN
- The legal description of the property, matching the current deed. This is typically a lot-and-block or metes-and-bounds description.
- The grantee’s entity type: natural person, corporation, partnership, trust, or other qualifying entity under Illinois law.
Both the grantor (or their agent) and the grantee (or their agent) sign the form. Depending on the version in use, the signatures must be notarized.
How It Fits into the Recording Package
Cook County deed recordings run through MyDec, the free online portal operated by the Illinois Department of Revenue. MyDec generates the state transfer tax declarations (Forms PTAX-203, PTAX-203-A, and PTAX-203-B), along with Cook County and City of Chicago declarations when they apply, and issues a Declaration ID that travels with the electronic submission.3Illinois Department of Revenue. Property Transfer Tax Declarations and MyDec
For an exempt transfer, the recording bundle typically includes the deed itself, the MyDec-generated declaration, and the Grantor-Grantee Affidavit. Exempt transfer language must appear on the conveyance itself, citing both 35 ILCS 200/31-45 and the applicable paragraph of the Cook County ordinance. Be ready to produce supporting documentation for the exemption you claim, such as a trust agreement, articles of incorporation, or a birth certificate proving the family relationship. Physical submissions are still accepted at the Clerk’s office, though most title companies and attorneys file electronically through an approved eRecording vendor.
The information on the deed, the MyDec declaration, and the affidavit all has to agree. Names, PIN, property address, and legal description must be identical across the three documents. A mismatch is the single most common trigger for rejection.
Penalties for a False Statement
Because the affidavit is sworn, misrepresenting what it certifies carries its own criminal exposure, separate from any tax consequence. Under the PTAX-203 instructions published by the Illinois Department of Revenue, submitting a false statement about the grantee’s identity in Cook County is a Class C misdemeanor for a first offense, punishable by up to 30 days in jail and a $1,500 fine, and rises to a Class A misdemeanor for subsequent offenses.4Illinois Department of Revenue. Instructions for Form PTAX-203, Illinois Real Estate Transfer Tax Declarations
Falsifying or omitting information on the PTAX-203 declaration itself is treated more seriously: a Class B misdemeanor for a first offense (up to six months in jail and a $1,500 fine), escalating to a Class A misdemeanor for subsequent offenses (up to one year in jail and a $2,500 fine).4Illinois Department of Revenue. Instructions for Form PTAX-203, Illinois Real Estate Transfer Tax Declarations
Filers sometimes treat the affidavit as a throwaway sheet at the back of the packet. It isn’t. Falsely certifying that a named entity is authorized to hold Illinois real estate is its own offense.
What Gets a Filing Rejected
Most rejections trace to a handful of predictable problems:
- Grantor or grantee names that don’t line up character-for-character across the deed, the MyDec declaration, and the affidavit.
- A PIN or legal description on the affidavit that doesn’t match the deed.
- An exemption claimed on the MyDec declaration but not written onto the conveyance itself with the required state and county citations.
- A missing or unsigned Grantor-Grantee Affidavit on a deed that claims a transfer tax exemption.
- Missing supporting documentation for the claimed exemption, such as the trust agreement or proof of family relationship.
Once the Clerk processes the submission, the recorded deed comes back with an official stamp bearing a document number and the recording date. That stamp is the confirmation the transfer is part of the public record. Everything the affidavit does happens before that stamp, which is why getting it right the first time is worth the few minutes of proofreading.