Legal Question in Real Estate Law in Illinois
Warranty Deeds and judgements
If a Warranty Deed provide a guarantee the property has a clean title and declares there are no tax or creditor liens or judgments in place, what happens when there is an actual judgement listed in the county record?
2 Answers from Attorneys
Re: Warranty Deeds and judgements
There are many answers to this question. When you say "county record" are you referring to the recorder's office or clerk's office? Only judgments which are memorialized by memoranda of judgment in the recorder's office can be liens against real estate. Is the judgment against the actual previous title holder, or just someone with a similar name? Is the judgment paid, and someone just needs to file a release? You would need to sue the grantor of the warranty deed if there is in fact a valid lien against the real estate. You also may be able to file a title claim if there was an owner's policy of title insurance.
Re: Warranty Deeds and judgements
You may have a claim with the title company. Otherwise, you also have a claim for breach of contract against the seller.
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