Legal Question in Real Estate Law in Illinois

I live in Illinois. I dated a man from August 2015 to July 2017. In June 2016 he bought me a camper that was delivered to my private rental property. I have always had possession of the camper. I have the keys to the camper. For a year he blackmailed me with the title to the camper. Stating such things as "You want the title, I want sex. Come over and give me what I want and I'll give you the title." I have several text messages stating the camper was a gift, he bought it for me, he's going to give me the title, and so forth. In July of 2017 he finally gave me the title. I started the transfer into my name. A few days after, I gave him his car back he also had bought for me as a gift. I was tired of the blackmail and threats of reporting the car stolen if I didn't talk to him. He had never transferred the camper title into his name. It was still in the name of the seller. He contacted the seller and had him file for a lost/stolen title. This canceled out my title transfer and the guy I dated now has the title in his name. The camper is still in my possession. He has the county law enforcement calling me stating I have to let him take the camper. I told him to contact my lawyer and we'll go to court. Do I have to allow him on my property to take the camper he gave me since he has the title? Can the police force this without a court order? I have been trying to get him served for court summons for an order of protection, but so far he has evaded his own local police issuing the summons.


Asked on 9/20/17, 11:26 pm

1 Answer from Attorneys
Stephen Messutta

First, you said "contact my lawyer". If that is true nobody here can help you and you'd have to consult your attorney. If you said that just to scare him, however, on the one hand you've given too many facts, and on the other too few. The car thing I'm leaving alone.

1. When he delivered the camper to you, it appears to have been a gift, but if he didn't then put title in your name, it may only have been a gift of the right of possession, something like a lease. If the gift was like an engagement present, a gift "in contemplation of marriage" and he backed out, you may have a legal right to keep it, like if it was an engagement ring.

2. His demand for sex in exchange for title to the camper is illegal in Illinois. It amounts to prostitution.

3. He may have the right to evict you, but normally that requires a court order and no, the police won't just evict you without a court order.

4. If you have a restraining order complaint filed against him and can't get him served through the police (normally the Sheriff), you may have to hire a licensed private detective and get the court to allow the detective to serve him.

So, if you were just 'smoking' him with the lawyer comment, time to get one. I don't do this kind of work, but thought some of the above might be helpful.

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Answered on 9/21/17, 11:39 am


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