Legal Question in Real Estate Law in Illinois
Deed to House
My mother paid her last 30 year mortgage payment in February, 2001. As of today, she has still not received the deed to her house. She has called the mortgage company, once a week, for the past 16 months to no avail. The only answer she has received is that because her mortgage company changed several times during the past 30 years, the current mortgage company needs to contact the prior mortgage companies to okay the release of the deed to my mother. Is this true, and if not, what can I do to help my mother receive her long, long awaited deed to her home?
1 Answer from Attorneys
Re: Deed to House
Your mother does not need to receive the deed to her property from the bank. When she purchased the property 30 years ago, the deed was recorded at the county recorder's office. Once the deed is recorded, it puts the world on notice that she is the owner of the property. A deed to real estate is not like the title to a car -- you do not need the original deed to sell the property or otherwise prove ownership. She should, however, receive a release of mortgage, which needs to be recorded. Some lenders send these directly to the recorder's office. Please feel free to email me directly at [email protected] or call our office at 309.736.3117 if you need any further information, or assistance with checking the recorder's records.
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