Legal Question in Real Estate Law in Illinois

I paid cash for my home in 2005. I did not find out until 2007 that my deed was not recorded. I found out because I became a victim of mortgage fraud someone from California who had no ties to Illinois had purchased and recoded his deed that was dated after mine. The California man had us evicted from our home via a demand for possession. The judge stated that my ownership was not properly before the court and would have to be handled in another court. We were active duty military and the jag attorneys stated that it would have to be handled in Illinois after my husband retired. We saw my properties were listed on the internet and contacted the listing agents and the attorney generals office. The California man was arrested for mortgage fraud in numerous states. My properties were sold at sheriffs sales before we got back even though the court house and law enforcement knew I owned the properties outright. I recorded my deeds in 2013 in a adjoining county per the judicial inquiry board advised me to. I am trying to evict the people who subsequently purchased my home. I filed a demand for possession and a motion to show priority and quiet title. My point is that I never sold my ownership to anyone and I never had my home for sale so recorded or not it is still my home. I paid over $500G cash. The subsequent purchasers were all fraudulent purchases. Am I correct or what should I do?


Asked on 1/24/14, 6:23 pm

4 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Wow...you paid $500k for a house and wouldn't pay an attorney a couple hundred bucks for a closing. Penny wise and pound foolish. Hire an attorney immediately, before you lose everything. It may be too late.

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Answered on 1/24/14, 6:35 pm
Elfreda Dockery Law Office of Elfreda Dockery

You need to hire a lawyet to represent you on this. According to what you said, this is a quiiet title action and involves issues beyond your skill level.

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Answered on 1/24/14, 6:53 pm
Henry Repay Law Offices of Henry Repay

I agree with the earlier answers recommending you hire an attorney. You need a reputable litigation attorney with experience in real estate to take a very careful look.

Unfortunately, from the facts as they seem to be described, you may not have a case. Your deed was not recorded. So, even though it established your title, there was an innocent party out there who relied on the public record and did not have access to the private record (deed in someone's possession). In this case, that party was a mortgage company who lent money after reviewing the recorded documents, received a mortgage to secure its loan, then had to foreclose on the property. The mortgage company was out money based on the incomplete record, which ultimately comes back to you.

There may be other things that should be considered. If you obtained title insurance when you purchased the property, as you absolutely should have, the title policy should be considered, as well as why the deed was left unrecorded. If you had an attorney, then you need to question how well the attorney considered the title insurance and why the deed was not recorded.

As stated in a previous answer, if you did not spend a few hundred dollars to hire an attorney and buy title insurance for a home purchase, which for most people is the biggest financial investment of their lives, you may now be answering for the risk you took. If a real estate agent was involved and discouraged you from either using an attorney or purchasing title insurance, then have an attorney consider whether there may be a case against the agent.

In any event, act without further delay as each day is jeopardizing any case you may have, either in the case being barred by a limitations period or in an attorney finding that too much time has passed to present an effective case.

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Answered on 1/25/14, 7:22 am

Are you correct: NO WAY TO TELL!!!! I agree with the others that you need an attorney IMMEDIATELY. The first two sentences of your post are the most crucial because you do NOT say why you didn't learn of fact that the deed was not recorded for 2 years. If the sale was handled through a title insurance company and the company was responsible for recording and issuing a title insurance policy, you have a huge claim against the title insurance company. If you simply failed to record, or didn't get a title insurance policy, or both, you definitely have a huge problem and may only have a fraud claim against your seller. Everything else in your post is really irrelevant to the key question. Based on additional information such as continuous occupancy, payment of property taxes, etc. for 7 years, and other salient facts, may put you in a better legal position.

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Answered on 1/25/14, 10:30 am


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