The Affidavit for Clerk's Labeling of Signatures as Copies is a courtesy form from the Cook County Clerk's Office, printed as a "Request to Record Photocopied Documents Pursuant to §55 ILCS 5/3-5013." A person who has access to photocopies of a signed document swears that the original is lost or not in the possession of the party seeking to record it. This page lets you fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the Cook County Clerk, and the affidavit is presented to the Clerk's Office, not to FillingPDF.
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What is Affidavit for Clerk's Labeling of Signatures as Copies – Cook County, IL?
The Affidavit for Clerk's Labeling of Signatures as Copies is a Cook County Clerk's Office courtesy form for requesting to record photocopied documents under §55 ILCS 5/3-5013; a sworn affiant states the original is lost or not in the recording party's possession.
The affidavit is a sworn statement made before a notary. The affiant prints their name and says they have access to the attached copies, then lists the type of each document, the names of the executors (grantors and grantees) who originally signed it, and their own relationship to the document, for example title company, agent or attorney.
The core of the form is the Oath Regarding Original. The affiant swears that the original is now lost or not in the possession of the party seeking to record it, that to the best of their knowledge it was not intentionally destroyed or disposed of so that a photocopy could be recorded in its place, and that they have personal knowledge that the oath is true and accurate.
The form calls itself a courtesy form. A similar affidavit is necessary for photocopied documents, but you may use your own document if it includes substantially the same information. The Clerk's Office stamps or labels the recorded document as a copy before recording it. The form appears under Instruments/Affidavits on the Clerk's recording forms page.
Who needs to file Affidavit for Clerk's Labeling of Signatures as Copies – Cook County, IL?
The main group is anyone who wants the Cook County Clerk's Office to record a photocopy, facsimile or other photographic or photostatic copy of the signatures of parties who executed a document, and who can swear that the original is lost or not in the possession of the party seeking to record it. The affiant must have access to the copies and personal knowledge of the facts in the oath.
The form asks the affiant to state their relationship to the document and gives title company, agent and attorney as examples, so the person signing may be a representative of the party, not only the party.
Conditions the form attaches:
- A notary completes the lower section, so the affidavit must be sworn before a notary public.
- You may use your own affidavit instead of this form if it includes substantially the same information.
- The affidavit is not required to be recorded; it only has to be presented to the Clerk's Office as the proof required before the recorder may record the copy.
The form does not apply when the original document is available to be recorded, because the oath says the original is lost or not in the recording party's possession.
When to file Affidavit for Clerk's Labeling of Signatures as Copies – Cook County, IL
Complete the affidavit when you want to record a photocopied document and the original is lost or not in the possession of the party seeking to record it. The form states that the affidavit is the proof the Clerk's Office needs before the recorder may record such a document, so it is presented at the time you ask to record the copy.
No separate due date is printed on the form. The date the affiant signs and the date the notary swears the affiant are both entered on the form, so the affidavit is prepared and notarized before the recording request is made.
Documents you need
- The photocopy of each document you want recorded, attached to the affidavit; the affiant states having access to these copies.
- A notary public's completion of the notary section: date subscribed and sworn, affixed notary stamp and the notary's signature, so the affidavit must be signed in front of a notary.
How to fill out Affidavit for Clerk's Labeling of Signatures as Copies – Cook County, IL
Print the affiant's name
On the opening line, print the name of the person making the affidavit, who states having access to the attached copies of the document(s).
List the document types
On the line for document types, print the type of each document you are attaching as a copy.
Enter the original executing parties
Print the name(s) of the executor/grantor and the executor/grantee who originally signed the document(s).
State your relationship to the documents
Print how you relate to the document(s), for example title company, agent or attorney.
Read the Oath Regarding Original
Confirm that the original is lost or not in the possession of the party seeking to record it, was not intentionally destroyed or disposed of to record a photo instead, and that you have personal knowledge that this is true.
Sign and date as affiant
Sign on the Affiant's Signature line and enter the Date Affidavit Executed/Signed. Do this in front of the notary.
Have the notary complete the lower section
The notary enters the date the affidavit was subscribed and sworn, affixes the notary stamp and signs as Notary Public. You do not complete this section.
Review and download the completed PDF
Check that names, document types and dates are correct and consistent. Download or print the completed PDF from FillingPDF, then present it to the Clerk's Office as described under How to submit.
How to submit Affidavit for Clerk's Labeling of Signatures as Copies – Cook County, IL
The form names one route: you present the signed and notarized affidavit to the Cook County Clerk's Office together with the photocopied document you want recorded. It is the proof the Clerk's Office requires before the recorder may record the copy.
- Presenting to the Clerk's Office: bring or send the affidavit with the copy of the document as part of your request to record. The form prints no street address, portal or appointment rule, so check the Clerk's recording forms page at https://www.cookcountyclerkil.gov/recordings/forms-recording for recording instructions.
- Optional recording as an exhibit: you may choose to include the affidavit in the recording, at your own expense if an expense is incurred, as an EXHIBIT and not as the cover page. Ask the Clerk's Office about any fee; the form states none.
- Labeling: the Clerk's Office stamps or labels the recorded document as a copy before it is recorded.
The Clerk's forms page says its forms are provided as a convenience and that you are responsible for determining the correct instruments and forms for your transaction. FillingPDF lets you fill out and download the PDF; submission follows the Clerk's Office channels described above.
Common mistakes to avoid
- Leaving the notary section blank; the form says the lower section is completed by the notary, with the date sworn, the stamp and the notary's signature.
- Swearing the Oath Regarding Original when the original is available to the recording party; the oath says it is lost or not in their possession.
- Omitting the document types, the names of the executors (grantor and grantee) or your relationship to the document, which the form asks the affiant to print.
- Using the affidavit as the cover page of the recording; the form says it may be included only as an "EXHIBIT" and not the cover page.
- Assuming the affidavit must itself be recorded; it only has to be presented to the Clerk's Office as the proof required before recording.
- Expecting the recorded document to appear as an original; the Clerk's Office stamps or labels it as a copy before recording.
- Signing without personal knowledge of the facts, although the affiant swears to personal knowledge that the oath is true and accurate.
- Substituting your own affidavit that lacks substantially the same information as the Clerk's form.
Frequently asked questions
What is the Affidavit for Clerk's Labeling of Signatures as Copies?
It is a Cook County Clerk's Office courtesy form, a request to record photocopied documents under §55 ILCS 5/3-5013. The affiant swears that the original is lost or not in the possession of the party seeking to record it, and the Clerk labels the recorded document as a copy.
Do I have to use the Cook County Clerk's form?
No. The form says a similar affidavit is necessary for photocopied documents, but you may use your own document as long as it includes substantially the same information as the Clerk's form.
Does the affidavit need to be notarized?
Yes. The form has a section completed by the notary, with the date subscribed and sworn, the notary stamp and the signature of the notary public. The affiant signs the oath, and the notary swears them.
Does the affidavit have to be recorded with the document?
No. It is not required to be recorded; it only has to be presented to the Clerk's Office as the proof required before the recorder may record the copy. You may include it in the recording as an "EXHIBIT," not the cover page, at your own expense if one is incurred.
Will the recorded copy be marked as a copy?
Yes. The form states that the recorded document will be stamped or labeled as a copy by the Clerk's Office before it is recorded.
Who can sign the affidavit for a company or client?
The affiant is the person who has access to the copies and personal knowledge of the oath. The form asks for the affiant's relationship to the documents and gives title company, agent and attorney as examples.
Is this the form for Cook County property tax?
No. This affidavit supports recording photocopied documents with the Cook County Clerk's Office. It is listed under Instruments/Affidavits on the Clerk's recording forms page and does not concern property tax bills or exemptions.
Can I fill out this affidavit online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Cook County Clerk and does not file or record anything; you present the notarized affidavit to the Clerk's Office.
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