Legal Question in Real Estate Law in Illinois

real estate title

i just found out my title insurance company changed my title without my knowledge. this was done after closing. they agreed to correct the deed and record it the way it should have been and date it back to 1998 when we bought the house. they still have not done this, is it possible to sue them? this mistake has made it possible for a lien to be placed on my home. I have lost two buyers due to this lien.title should have been owner by the entirety


Asked on 5/11/07, 3:30 am

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: real estate title

Sorry, I do not see how you have been damaged by their error. Even if you had taken title as tenants by the entirety (TBE), the lien would have to be satisfied when you sell the property. All TBE does for you is prevent a judgment creditor from foreclosing on your homestead, while you are still married, and while you still live their.

If, after you requested them to do so, they did not add the TBE language, AND a judgment creditor foreclosed their lien against your home, then you would have damages. TBE is not a magic spell that makes judgments go away--it just holds them at bay for a while. When you sell your home, it needs to be satisfied for you to give clear title to the buyers.

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Answered on 5/11/07, 2:18 pm
Zedrick Braden III Ainsworth & Associates PC

Re: real estate title

Hello. I represented a client recently in a similar situation. In my opinion, you should consider taking

legal action against the title company. Clearly, you have suffered damages; although the extent of your damages would have to be calculated. It is important that you are accurate concerning the date that you were aware that the title company made this error. Will be happy to discuss this further and in more detail.

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Answered on 5/11/07, 10:36 am


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