Legal Question in Real Estate Law in Illinois

Here is my situation, I am on a Title of a condo but not on mortgage with another person to whom I am not related too. The property has been empty for a year and in foreclosure. I was served for back HOA fees. I have tried to talk to the attorny for the HOA to try and pay half and see if the other person could pay half but they said no. I have no idea when this property will foreclose so if I did pay the entire amount owed I cant keep paying the 259.00 a month until it does foreclose. Can I at this point sign a Quit Claim deed to remove my name from the Title? If so who would I turn it over too? Another person said it is pending a sheriffs sale but I dont know how long this will take.


Asked on 12/23/11, 3:00 am

2 Answers from Attorneys

Terrance Leeders Leeders Law

Whomever is on the title to the property (The deed) is an owner of the property. They are all responsible for HOA or Condo Association fees. They can collect from you for those costs. If the property is sold, the HOA is paid off from closing costs, or they won't release their lien on the home. Therefore, quitclaiming the property won't distinguish this liability. The HOA can still proceed against the person who transferred it, and they maintain a lien on the property. They can evict tenants and even sell the property. They can force tenants to pay them instead of the owners as well if they obtain a court order to do so. Owners are responsible for HOA assessments until the foreclosure sale is complete, which transfers title. The debt would still survive, so a bankruptcy could be needed here. Be careful of timing, since future HOA costs thru foreclosure don't discharge if the bankruptcy comes first. Who to quitclaim it to? Perhaps the other owner, or sell the property in a normal sale. Sometimes, depending on the mortgage company, and if there are no other liens on the home, you can do a deed in lieu of foreclosure to transfer it back to the lender. That would end the HOA costs to you as well, you'll just have the past due ones to resolve with the HOA. Thanks for your question, good luck.

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Answered on 12/23/11, 9:56 am

See an attorney. In addition to Mr. Leeders' points, you apparently have something of an oral partnership with this "unrelated" person to own the condo, and that person would normally be the one to be the grantee of a deed. But normally the grantee must accept the deed, and you don't say if this person is willing to take title from you. If you put money into this condo, there could be tax consequences too. So don't be shortsighted.

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Answered on 12/26/11, 7:48 pm


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