Legal Question in Real Estate Law in Illinois

can the state of Illinois take my friend's house for back child support? Can they take it if he deeds it to someone else?


Asked on 1/25/10, 9:02 am

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If he owes the money, any transfer to someone else for less than fair market value might be considered fraudulent. Yes they can take his house. He owes the money. It is accruing interest at 9% Probably better to take out a mortgage for less than 9% and pay off the support, or file a ch 13. It might stop the interest.

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Answered on 1/30/10, 3:57 pm
Thomas Moens Moens Law Offices, Chartered

In addition, your friend should be careful if he has a mortgage. Most mortgages have what is called a "due on sale" clause, which means if he conveys the property to someone else, his entire mortgage can be immediately due in full.

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Answered on 2/01/10, 9:22 am


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