Legal Question in Real Estate Law in Illinois

Quitclaim Deed

I'm interested in completing the quitclaim deed document but need an attorney to speak with (Illinois-Cook county) My husband name is on the mortgage abut we are both on the title/deed. at this point the bank has informed us that they are beginning the foreclosure. AS of today we have not received anything in writing from the bank. I'd like to know if I can still give up all of the rights to the property? to avoid having a foreclosure on my credit report. Or since I am not on the mortgage loan would I have a foreclosure show up on the report?


Asked on 6/25/09, 9:56 am

2 Answers from Attorneys
Walter Palmer Law Office of Walter Palmer

Re: Quitclaim Deed

A husband's credit affects his wife's and vice versa. The law and the financial industry look at a married couple as a single economic unit. People assume that one member of a couple would help the other pay for the house and that one person's spending or loss of employment helped cause a problem if one exists.

When we are talking about a married couple, the whole is greater than the sum of the parts.

It's too late for you to avoid a foreclosure on your credit report. What happens during the course of a marriage affects both spouses. You should have ditched him sooner.

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Answered on 6/25/09, 10:22 am

Re: Quitclaim Deed

I am sorry that Mr. Palmer made a rather snide and improper remark in his response to your question.

Nevertheless, he is right in that this will show up on your credit. However, you should contact an attorney to see if something improper was done in the loan process that will provide you with some leverage for negotiations and

a not-so-bad credit record. Good luck.

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Answered on 6/25/09, 3:40 pm


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