Legal Question in Real Estate Law in Illinois

I own a condo in Illinois that is being foreclosed on. The condo is in my trust, so how do I rewrite the trust once the condo is gone?


Asked on 1/26/11, 5:08 am

2 Answers from Attorneys

What kind of trust? If it's a land trust and it's the only property, you can cancel the trust agreement. If there are multiple properties, you can have it deleted by talking to the trustee. If it's a living trust, you can amend the trust agreement reflecting the involuntary conveyance and the loss of the trust asset. If you are the trustee, you have a fiduciary obligation to preserve the assets, however, so you may need to talk to an attorney about the extent of your responsibility depending on other trust assets, if any.

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Answered on 1/28/11, 10:32 am

Stephen provided you with a great roadmap. I suggest that you hire counsel as soon as possible if this is anything other than a land trust for one property.

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Answered on 1/29/11, 4:59 am


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