Legal Question in Real Estate Law in Illinois

quit claim deeds

My wife and I currently reside in Florida. We own a house in Illinois. She is giving me a specific power of attorney to execute a quit claim deed. I will be making the trip to Illinois to personally appear to the recorder. The recorder stated she would accept her POA and the quit claim but was not sure of its legality. So, would it be legal for me with her POA to sign her name for the quit claim?


Asked on 11/21/07, 3:05 pm

3 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: quit claim deeds

Your wife can execute a deed in Florida and you can mail it in to the county recorder's office.

If there is no consideration for the transaction you will also need a grantor grantee affidavit. You may also need a local jurisdiction exemption transfer dec.

If there is consideration for the transaction you will need the state and county transfer decs.

If the deed is recorded under a POA the POA needs to be recorded and be in recordable form (additional recording fees)

email me if you have any questions.

Read more
Answered on 11/23/07, 5:29 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: quit claim deeds

There is nothing illegal about what you are doing but it would be more convenient to do as the other attorneys suggest!

Read more
Answered on 11/28/07, 12:02 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: quit claim deeds

Why could not this deed be executed before a Notary Public in the state of Florida?

Read more
Answered on 11/21/07, 3:33 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois