Legal Question in Real Estate Law in Illinois
When selling a piece of my father's real estate in Illinois, the title search showed there is a lien. Research showed that a person living in the same county with the same name but no middle initial has a court judgment against him for an unpaid debt. My father filed an affidavit stating who he is for that title search. We were informed by the county clerk that this will probably show up on all parcels owned by my father. What recourse can we take to remove all liens before this would happen again?
1 Answer from Attorneys
It does not sound like there is an actual lien. The title company will raise "possible judgments and liens" based on a name search. This can be very common for people with common names, almost automatic for some (e.g., Robert Johnson). This, however, is easily resolved by the title company comparing information provided through the affidavit, as you describe occurred, and the information in the county records.
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