Legal Question in Real Estate Law in Illinois

I'm in the process of getting a mortgage modification with Bank of America but because my husband is also listed on the mortgage although we have been separated for over a year now and I'm still in the home that he want nothing to do with BOA is asking for legal separation & quit claim deed in order to proceed with the modification, I've since downloaded the forms from Rocket Lawyer and had both notarized I have sent them the notarized forms but now they are saying that they need both documents filed with the state in order to proceed with the modification and to remove my husband from the mortgage, the problem is that I cannot afford to pay the filing fees for both documents, they have been signed and notarized by my husband and myself, do I have to file both documents in order for BOA to proceed with the modification. Please advise as soon as you can as BOA is stating that this is need before they can complete the modification.

Sincerely

Kimberly Lang

Aurora, IL


Asked on 4/16/12, 12:01 pm

2 Answers from Attorneys
Stephen Messutta

The cost of recording a quitclaim deed is around $50; the cost of getting an attorney involved to help will be a lot more. Have you asked BOA if you can deliver the deed to them to record before they record the loan modification and add the recording fee to the loan modification. If they say no, you are in the same place.

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Answered on 4/16/12, 12:43 pm
Henry Repay Law Offices of Henry Repay

It would be the county recorder's office that you need to contact. The fee to record a document should be approximately $45.00. A legal separation would usually require court action, but if they seem to be satisfied with what you have done, then certainly proceed to get the documents of record and get the modification concluded.

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Answered on 4/16/12, 2:50 pm


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