Legal Question in Real Estate Law in Illinois
I loaned my daughter the full amount for the purchase of a home. I wrote up a contract for repayment of the loan. Do I need to have my name as lienholder on the title? How do I get my name on the property until the loan is repaid?
2 Answers from Attorneys
This should have been handled contemporaneously. There is not anything you can do to compel her giving a security interest at this time. If she is willing to sign a mortgage, it can be done, but there may be some questions about enforceability unless something more is given in exchange. Have an attorney review the circumstances and your documents. This may be very important for you to address if your daughter has other obligations, is ever involved in a divorce, . . .
If you don't want to have to sue her...you need her cooperation. Right now you seem to have an unsecured loan. For all we know, the "contract" you wrote up may have given you the right to put a lien on the home. No way to tell without seeing it. There are other ways you can "screw up" title, but that would not be a permanent fix. Hopefully your relationship is such that working with your daughter to write up appropriate loan documents will be something she will appreciate. At the same time you MIGHT be able to consider some estate planning tricks that could gift her chunks annually. Think about it. And as to what Mr. Repay said, yes, there is always a dark side you need to be protected from.....