The Petition – Unlawful Restrictive Covenant Modification is the form the Office of the Cook County Clerk uses under 55 ILCS 5/3-5048 to review discriminatory language found in recorded real estate documents. It is one of the Clerk's Recording Operations resources: if a Cook County deed or other real estate document in your chain of title contains an unlawful restrictive covenant, this petition is how you submit it for review. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the Clerk publishes the form and its information sheet at cookcountyclerkil.gov.
Last updated
What is Petition – Unlawful Restrictive Covenant Modification – Cook County, IL?
The Petition – Unlawful Restrictive Covenant Modification is the form the Office of the Cook County Clerk accepts under 55 ILCS 5/3-5048 from petitioners asking the Clerk to address an unlawful restrictive covenant in a recorded real estate document.
The Clerk's information sheet defines the term. Unlawful restrictive covenants are restrictions inserted into real estate documents that discriminate based on race, color, religion, and national origin. They are generally found in documents recorded during the early decades of the 20th century and before.
The law lets petitioners submit the document containing the covenant to the Clerk's Office, where the State's Attorney's Office reviews it. If the request is approved, an Unlawful Restrictive Covenant Modification document is recorded into the chain of title, and the unlawful covenant language appears with a strike through it.
The petition is the required vehicle: the Clerk states that it must be submitted on the form entitled "Petition – Unlawful Restrictive Covenant Modification." It travels with the petitioner's research, which identifies the document in the chain of title that contains the covenant. The Clerk's information is not legal advice or legal services.
Who needs to file Petition – Unlawful Restrictive Covenant Modification – Cook County, IL?
Petitioners who have researched a chain of title and identified a recorded document containing an unlawful restrictive covenant use this petition to submit that document to the Cook County Clerk's Office for review.
- Petitioners researching older records. To research records recorded before 1985, you must come downtown to the Clerk's Concourse level. The Clerk warns that archival research may take an extended amount of time, because records may need to be retrieved from archived books or microfilm.
- Entity petitioners. If the petitioner is an entity, the Clerk says legal certifications may be required.
The form is not a substitute for legal advice. The Clerk states that its information does not constitute legal advice or legal services, and suggests contacting legal counsel with questions about your situation, for example through the local bar associations at www.chicagobar.org and www.isba.org.
When to file Petition – Unlawful Restrictive Covenant Modification – Cook County, IL
Submit the petition after you have completed your research and identified the document with an unlawful restrictive covenant in a chain of title. The Clerk's information sheet sets no separate filing deadline for the petition.
Plan for the research stage first: records recorded before 1985 can only be researched in person on the Clerk's Concourse level downtown, and the Clerk notes that this archival work may take an extended amount of time.
Documents you need
- Your research into the unlawful restrictive covenant, identifying the document in the chain of title that contains it; the Clerk says to submit it along with the petition.
- The document containing the unlawful restrictive covenant, which the law allows petitioners to submit to the Clerk's Office for review by the State's Attorney's Office.
- Legal certifications, only if the petitioner is an entity; the Clerk says they may be required.
How to fill out Petition – Unlawful Restrictive Covenant Modification – Cook County, IL
Research the chain of title
Search the recorded documents for your property. For records recorded before 1985, come to the Clerk's Concourse level downtown; archival retrieval from books or microfilm can take an extended amount of time.
Identify the document with the covenant
Find the document in the chain of title that contains restrictions discriminating based on race, color, religion, or national origin, and keep your research on it.
Open the petition form
Use the form entitled "Petition – Unlawful Restrictive Covenant Modification"; the Clerk requires the petition to be submitted on this form.
Enter the petitioner and document details
Complete the petition's fields with the petitioner's information and the document that contains the unlawful restrictive covenant, as the form asks. Follow the form's own labels for each entry.
Add entity certifications if needed
If the petitioner is an entity, gather the legal certifications the Clerk says may be required and prepare them with the petition.
Review and download the completed PDF
Check each entry against your research, then download or print the completed PDF from FillingPDF. Assemble it with your research and mail the package as described under How to submit.
How to submit Petition – Unlawful Restrictive Covenant Modification – Cook County, IL
The Clerk's information sheet names one channel: mail. Mail all required documents to the Clerk's Fraud Unit at this address:
Office of the Cook County Clerk Attn: Fraud Unit – Recording Operations 118 N. Clark Street, Room 120 Chicago, Illinois 60602
Send the petition on the form entitled "Petition – Unlawful Restrictive Covenant Modification" together with your research into the unlawful restrictive covenant. If the petitioner is an entity, include the legal certifications the Clerk may require. Once received, the Clerk's Office passes the document to the State's Attorney's Office for review; the information sheet gives no processing time. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting research without the petition: the Clerk states the petition must be submitted on the form entitled "Petition – Unlawful Restrictive Covenant Modification."
- Planning to research records recorded before 1985 remotely, when petitioners must come downtown to the Concourse level to do that research.
- Sending the petition before identifying the document with the unlawful restrictive covenant in the chain of title.
- Omitting legal certifications when the petitioner is an entity, when the Clerk says they may be required.
- Mailing the package without the "Attn: Fraud Unit – Recording Operations" line or to a different address than 118 N. Clark Street, Room 120, Chicago, Illinois 60602.
- Expecting the covenant language to disappear from the record: an approved modification is recorded into the chain of title with the language struck through.
- Treating the Clerk's information sheet as legal advice; it says it is neither legal advice nor legal services.
Frequently asked questions
What is the Petition – Unlawful Restrictive Covenant Modification?
It is the form used under 55 ILCS 5/3-5048 to ask the Cook County Clerk's Office to address an unlawful restrictive covenant in a recorded real estate document. The State's Attorney's Office reviews the submission, and an approved modification is recorded into the chain of title.
What counts as an unlawful restrictive covenant?
The Clerk defines it as a restriction inserted into a real estate document that discriminates based on race, color, religion, and national origin. Such covenants are generally found in documents recorded during the early decades of the 20th century and before.
Can I fix discriminatory language in my Cook County deed with this petition?
You can petition to have a recorded document containing an unlawful restrictive covenant reviewed. If approved, a modification document is recorded into the chain of title with the covenant language struck through, not erased. Questions about your situation are best put to legal counsel.
Where do I mail the unlawful restrictive covenant petition?
Mail it to Office of the Cook County Clerk, Attn: Fraud Unit – Recording Operations, 118 N. Clark Street, Room 120, Chicago, Illinois 60602. The Clerk's information sheet lists mail as the way to send all required documents.
Do I have to research the records in person?
For records recorded before 1985, yes: petitioners must come downtown to the Clerk's Concourse level. The Clerk warns that archival research may take an extended amount of time because records may need to be retrieved from archived books or microfilm.
Do entities need extra documents to file the petition?
If the petitioner is an entity, the Clerk says legal certifications may be required. The information sheet does not list which certifications, so ask the Clerk's Office or legal counsel before you mail the package.
Can I fill out the petition online on FillingPDF?
You can fill out the petition PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not submit the petition to the Clerk's Office; you mail it to the address given by the Clerk.
Is the Clerk's information legal advice?
No. The Clerk states that the information does not constitute legal advice or legal services and suggests contacting legal counsel, for example through the local bar associations at www.chicagobar.org and www.isba.org.
Ready to fill out Petition – Unlawful Restrictive Covenant Modification – Cook County, IL?
Fill out Petition – Unlawful Restrictive Covenant Modification – Cook County, IL now