Legal Question in Real Estate Law in Illinois

My uncle own this property and sold it on June 2005. The new owners did not made repairs on the property and the city sent and inspector to review the house for the violations. Now the bank is suing my uncle for the violations that occurred AFTER he sold the property. Is he responsible to pay the debt? Shouldn't the responsible person who needs to pay the debT is the LAST owner who owned the property and not my uncle as HE SOLD the property on June 2005?


Asked on 12/25/10, 5:31 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

It sounds to me as if there are some facts missing. I suggest that your uncle see an attorney and bring all of his paper work concerning the mortgage as well as the sale of the property.

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Answered on 12/30/10, 7:43 pm

Most sale contracts make the seller disclose any known code violations that have been issued tickets. As long as that was the case it is most likely a case where city records didn't catch up with ownership records. So uncle will need to appear and defend on the basis that he closed on the place before the inspection. If, however, it is an issue of something like an illegal apartment he built into the place, he may have some liability. So itay be time for him to see an attorney who handles housing cases.

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Answered on 12/30/10, 7:44 pm


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