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I live in Illinois and the quit claim deed was done thru a lawyer

2006-08-24 20:00:47 · 8 answers · asked by BLESSED1 1 in Politics & Government Law & Ethics

8 answers

Probably not sue you successfully. But they may claim that the transfer was not a completed gift, that it was in trust or to avoid probate, a title of convenience. If not an effective gift, there could be an issue of lack of "consideration".

The quitclaim change of title is binding against the whole world EXCEPT the parties to the deed and any pre-existing lienholders.

This is not an issue that you can resolve on Yahoo! Answers: it depends on Illinois land law. If the deed was drafted and filed by a lawyer it probably is valid as such -- but that does not dispose of the issues I raised in my first paragraph. Unless there is a contrary stipulation in the deed.

2006-08-24 23:38:16 · answer #1 · answered by Anonymous · 0 1

They can sue you, but it is very doubtful that they would win unless they could prove that the transfer (from just their names to their names AND your name) was done under duress. If you nor anyone else did not force them to add you to the deed, you should be safe.

They have a couple options open to them. 1) They can offer to buy you out, and if you find the amount of $$ to be acceptable, they can buy out your interest in the property. 2) They can file a lawsuit for partitiion. When this happens, they are asking the judge to order the property sold, and have the proceeds split among all the people on the deed. This process could take a couple years and cost thousands of dollars in legal costs.

Good luck.

2006-08-25 16:02:17 · answer #2 · answered by Mama Pastafarian 7 · 0 0

I'm a little confused.
Hubby's ex had to sign a quit claim deed so we could put a second mortgage on the house and have upgrades done, but it said that she had no interest in the house and that she gave up all rights to it. It didn't say that she was partial owner.
We live in MO. maybe quit claim deeds are different here?

2006-08-25 03:10:58 · answer #3 · answered by Lucianna 6 · 0 1

The question is confused. A quite claim deed is not title to property. If you signed a quit claim deed, nobody can successfully sue you. A quit claim deed merely means that you relinquish all claim to the property. It doesn't mean that you ever HAD any claim or interest in it.

2006-08-25 03:15:35 · answer #4 · answered by DelK 7 · 0 1

Yes they can. The probability on that type of suit would depend on many different factors. You should consult with a lawyer in your area.

2006-08-25 17:12:22 · answer #5 · answered by www.lvtrafficticketguy.com 5 · 0 0

Are you talking about the mortgagee because they can only sue you if your name is on the mortgage. If it is you better hope you took the home "subject to" the mortgage rather than "assume" the mortgage. If "subject to" they can take the home, if "assumed" they can take the home and force you to pay off the mortgage.

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2006-08-25 12:34:14 · answer #6 · answered by superlawyerdude 3 · 0 1

They can sue you if they want to and if you don't get a lawyer quick, they may take yours.

2006-08-25 03:06:16 · answer #7 · answered by zclifton2 6 · 0 0

no, but they can buy you out

2006-08-25 03:07:04 · answer #8 · answered by mznatural30 4 · 1 0

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