Legal Question in Real Estate Law in Illinois

Without further information, impossible to say for sure. But assuming for the moment that title is in your name, that is a good start. If your installment sale contract did not protect you from the subsequent refi, then there's a good chance the lender has a right to call the loan due to you your dad's passing. That could be a problem if that lender isn't willing to work with you and wants to be repaid. And again if it didn't protect you, there is a lien against the home that will have to be dealt with. So assuming you can sell it, to give a deed to a buyer that loan will have to be dealt with, and most likely paid off. I suggest getting an attorney involved quickly to help deal with the refi loan.

You need to meet with your real estate closing attorney or another local real estate attorney with all the information you have gathered. Depending on what you have, the attorney may also need to secure a new title search to confirm exact details.

You apparently own the property and can sell. The issue seems to be whether there is a lien that must be paid when you sell. I am assuming your deed came in 2010 (or later). If you did not record anything in 2002, or anytime before the loan was taken, which would have put others on notice concerning your interest in the property, the lender would have a good mortgage lien. They lent money in reliance on the available record.

If that is the case, you will need to go back and challenge your closing attorney about the failure to record anything.