Legal Question in Real Estate Law in Illinois
Do I own my home?
I hope you can help me . I had a home quitclaim deeded to me in 3/2001 and I had a title search done. The title search came back clean so I purchased title Insurance to cover me. I have attempted to sell the home and I had a title search done to protect the buyer. The title search comes back saying that the house has a pending mortgage against it from the previous owners to there trust (themselves),dated recorded on 7/2001 but written up on 1/2000. They have also warranty deeded the home from themselves to themselves as trustees of their living trust on 5/2002. The title company says they have clouded the title. My question is do they have any legal claim to my home? Also, if my home is in their trust before I recieved my quitclaim deed is the home still theirs? Thanks for your time....
2 Answers from Attorneys
Re: Do I own my home?
I'd want to review the documents before I gave you an answer, but it looks like you're ok. It looks like the title company might not be doing their job, I'm sorry to say. You should absolutely contact an attorney to help you out with this one.
Re: Do I own my home?
Review of all your documents is vital to give you a definite answer. I would say, you should not have a problem since everything was recorded after you got your deed to the property. Also note that this is the whole point of title insurance. See an attorney if this is a problem.
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