Legal Question in Real Estate Law in Illinois
You answered my question about sale of a house if there is a tax lein but what if the buyer was not made aware of the tax lein before they signed the contract?
Asked on 9/21/11, 12:17 pm
4 Answers from Attorneys
Naheed Amdani
Law Offices of Naheed A. Amdani, P.C.
A typical residential contract in Illinois has a provision that states that when the property closes, title must be free and clear of liens. People sign contracts on home that have liens on them all the time. Assuming you did not agree to take title subject to the tax lien, the seller can still sell the property to you so long as they clear the lien prior to closing.
Answered on 9/21/11, 12:29 pm
Thomas Moens
Moens Law Offices, Chartered
Same answer. The lien (not lein) can be paid from the seller's proceeds at closing. Happens all the time.
Answered on 9/21/11, 12:48 pm
You will probably have to provide evidence of title and it should show up then.
Answered on 9/23/11, 12:56 pm