Legal Question in Credit and Debt Law in Illinois

Quit claim deed and pre-existing property lien

My husband and I owned our home in joint tenancy and have an existing mortgage. While I was living away from home, I executed a quit claim deed in favor of my husband so that he could refinance our mortgage. The quit claim deed was successfully recorded and my husband is now the sole owner of the property. When the bank he was refinancing through performed a title search they discovered there was a lien against the property based on a collection judgement against me. I had no prior knowledge of the lien and my huband was not responsible for nor guarantor of the debt. My questions are these: since my name is no longer on the property and I received no financial consideration when I relinquished my ownership is the lien still valid? If so, is he required to pay even though he did not incur or guarantee the debt? If not, how does my husband get is removed?


Asked on 7/14/05, 6:42 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Quit claim deed and pre-existing property lien

Yes the lien is still valid. When the house was being refinanced the mortgage company should have paid the account off to remove the lien or should have required you to pay the lien off yourself.

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Answered on 7/15/05, 8:00 am


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