Legal Question in Real Estate Law in Illinois

Re: Damages for failure to close contract sale

The daughter who did not sign on the mortgage, still should have the balance of the mortgage charged against her interest. When mom quit claimed the property, she gave up whatever interest mom had, and mom's interest was subject to the mortgage, so the interest of that daughter who benefitted from the quit claim daee was also subject to the mortgage.

Since the daughter was a signer on the contract, she likely has a liability for failing to complete the contract.

Re: Damages for failure to close contract sale

Clearly, the daughter who signed the contract but refused to close has breached the contract. However, I don't know if the son has a claim for breach or just the prospective purchaser. There are probably what are called "equitable" claims against the daughter by the son though.

For example, the son "detrimentally relied" on his sister's promise that she would sell the house. There are probably other equitable claims that she can be sued for. The son may be able to bring a suit to "quiet title", or have the title rights clarified by a judge.

Talk to a litigation attorney who knows something about real estate.

Re: Damages for failure to close contract sale

The son and one sister should file a partition suit separating the 3rd sister's interest. While doing that, the son can sue to regain his advancing the mortgage, and other expenses. Sister will find out that she took over 1/3 the mortgage as well as any money she will gain from the equity. Please call for a free consultation.