IL Title clouded by an old QC deed transfering property from married couple soley to wife, but listing (now divorced) seller as married to husband.

This cloud is baffling me, as the seller has already re-financed the house once, and there was no cloud on title last time. The ex-spouse will not sign a quit claim deed. I have heard there is a a way to get an emergency motion from a judge transferring interest to the seller, but I don’t know what kind of document/motion I need to file. Closing is in 2 wks.

Asked on July 1, 2009 under Real Estate Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To deal with a very technical land title question like this, you really need an experienced real estate lawyer.  I don't practice in Illinois, and the rules and procedure do vary somewhat from one state to another;  all the facts would have to be considered, to draw accurate papers to fit this situation.  One place to find qualified attorneys in your area is our website, http://attorneypages.com

In many states, a certified copy of the divorce decree, especially if it includes (either in itself, or in an attached agreement) a mention of the property in question, will satisfy the title company.


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