Legal Question in Real Estate Law in Illinois
Deeds and Titles
We're in the process of purchasing a house from our church (The Parsonage). There is no deed or title on the property since it was built years and years ago by the church members on the church's property. What do 'we' legally need to do to have a deed or title created? Is this a complicated issued? Thanks in advance for all the information you can supply!!!
2 Answers from Attorneys
Re: Deeds and Titles
I believe that you have confused a couple of concepts. First, if a title company or other individual performed a title examination, it would be discovered in rather short order who the owner of the real property would be. THIS WOULD BE THE ONLY PERSON OR ENTITY FROM WHOM YOU COULD RECEIVE VALID TITLE. Now, it could be that your "church" is the title owner, but I would find that doubtful, since churches are usually an incorporated or other entity. In order to place YOU in title to the property, you have to receive a deed. I would strongly suggest a WARRANTY DEED. Anything else would just not do. I WOULD STRESS THAT GIVEN THE FACTS HERE, THAT YOU INVEST A FEW DOLLARS ON A REAL ESTATE LAWYER TO PROTECT YOUR INTERESTS. Does buying a "pig in a poke" mean anything to you??
Re: Deeds and Titles
YOU WILL NEED A LAWYER TO VERIFY THAT UPON PAYMENT OF THE PURCHASE MONEY YOU WILL BE GETTING A MERCHANTIBLE TITLE OR INTEREST IN THE REAL ESTATE, TO PROCEED WITHOUT ONE IS PURELY A GAMBLE, CAUSE EVEN CHURCHES CAN HAVE COMPLICATED AND COMPLEX OWNERSHIP ISSUES