Asked in Real Estate Law for Illinois

Q: I sold my property on contract for deed in 2006 and in 2008 I took back my property he did not do what was in contract

Now they say I do not have a clear deed and he is deceased what do I do. They say his name is still on my property. He had not made a payment or insurance or anything. And the contract say that I can take it back

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2 Lawyer Answers
Steve McCann
Steve McCann
Answered
  • Chicago, IL
  • Licensed in Illinois

A: It is impossible to advise you as to your options with certainty unless an attorney can review the contract, along with all other relevant information related to this situation. Accordingly, I would recommend organizing the contract and all other relevant information, and consult with an attorney individually. A knowledgeable attorney will review the details and advise you as to your options moving forward.

Mazyar M. Hedayat
Mazyar M. Hedayat
Answered
  • Romeoville, IL
  • Licensed in Illinois

A: You indicate that you sold a piece of Illinois real property via a Contract for Deed and that you took possession of the property in 2008 when the contractee (buyer) failed to follow through. Now, you say that the buyer's name is on the deed to the property but that he has passed away. This is unusual: generally, a contract for deed does not result in the buyer's name being placed on title until all payments have been made and the contract fulfilled.

To evaluate what your options are at this point I recommend that you communicate with an Attorney in your area and provide a copy of the underlying Contract for Deed, as well as all related documents.

I hope this information has been helpful. Best of luck.

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