Legal Question in Real Estate Law in Illinois

Quit Claim Deed error

Due to an ARM I aquired back in 2004, I am attempting to sell my home. We have an offer and have been trying to prepare for the closing. It has come up that the title for my home is still in my deceased fathers name. When my father passed away in 2001, I took his trust and will, which I am executrix and sole beneficary of, to a lawyer for advice as what I was obligated to do with the trust docs and how to retain the home I lived in, which is the home I am trying to sell. He suggested that if I am not prepared to refi or purchase the house I can just keep paying for it under my fathers name, which is what I did until 2004 when I was advised by the current mortgage holder @ the time, that I needed to refinance the home in my own name or the property may have to be sold. The problem now is that they are saying that I don't own the house so I can not sell the house. When my current mortgage co, did this loan for me, they did a quit claim deed, which should have transfered the property to me but they did it wrong and the quit claim deed states that the prop was transerefed from me to me and my son. So my question is, do I have any legal rights against the current mortg co, can this ARM loan be null and void due to this error


Asked on 1/21/08, 11:31 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Quit Claim Deed error

Someone must have prepared that quit claim deed--their name will appear somewhere on the document. If that person is an attorney, just ask them to help you correct the problem. I do hope your son is not a minor, since there probably will need to be a guardianship established to transfer title out of his name.

If however, that person is not an attorney, for example an employee of the mortgage company, that person could be in BIG trouble for practicing law without a license. Let me know if I can help.

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Answered on 1/29/08, 1:20 pm


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