Legal Question in Real Estate Law in Illinois
Legal Descriptions
When recording a 2nd mortgage on my property, should the legal description of the property be worded exactly as the legal description of my vesting deed or can it be shortened as long as it is accurate and sufficient enough to identify the property?
5 Answers from Attorneys
Re: Legal Descriptions
Presumably, the legal description identified in your deed was correct at the time it was created and conveyed title to the subject property to you. It would be best to use that legal description EXACTLY as it is shown, with no abbreviations unless that is what appears in the original deed. Err on the side of thoroughness and completeness.
Re: Legal Descriptions
Presumably, the legal description identified in your deed was correct at the time it was created and conveyed title to the subject property to you. It would be best to use that legal description EXACTLY as it is shown, with no abbreviations unless that is what appears in the original deed. Err on the side of thoroughness and completeness.
Re: Legal Descriptions
Presumably, the legal description identified in your deed was correct at the time it was created and conveyed title to the subject property to you. It would be best to use that legal description EXACTLY as it is shown, with no abbreviations unless that is what appears in the original deed. Err on the side of thoroughness and completeness.
Re: Legal Descriptions
The safest thing to do is copy it exactly as it appears on your deed, although if that differs from the title company legal description, you'll have to talk to them about that. You can change legal descriptions as long as they are "legally equivalent". That's a tricky business that even experts disagree about. So the safest thing to do is keep it exactly the same.
One side note: the legal description on your mortgage protects your lender's interest, not yours. So I wouldn't concern myself with it too much if I were you.
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