Legal Question in Real Estate Law in Illinois

This is confusing and much information is missing. I will ASSUME your husband owns the property and took a mortgage out on it. He then made some kind of deal with the "friend" to sell it to her and in return she started making HIS mortgage payments - this may be a violation of your husband's mortgage. What is she suing for? Ownership? What does the roof have to do with anything -- if it is in need of repair this would be your husband's obligation as owner/borrower/mortgagor. The "friend" has NO interest in the real estate without a firm written contract (ORAL contracts for the sale or purchase of real estate are UNENFORCEABLE in Illinois). As to the roof, what kind of claim??? Insurance? If the roof is out of repair, CUSTOMARY HO insurance won't cover it. Much, much more information is needed to confirm any and all of this -- Because of your location you should see a local real estate attorney PRONTO!

It would be up to you to sign the deed conveying the property to your friend. Your friend cannot simply put it in her name. If you are still the owner, and you have insurance on the property (which you almost certainly do, since you have a mortgage), there would be nothing wrong with contacting the insurance company. Whether a leaky roof would be covered is another question though. You need to immediately address the ownership situation. Contact a real estate attorney in your area for assistance.