Hammond, IN asked in Real Estate Law for Illinois

Q: i was in foreclosure 11 years age and the motion was withdrawn without prejudice. i am trying to sell the property

can i sue to quite the title

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1 Lawyer Answer
James Kottaras
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  • Chicago, IL
  • Licensed in Illinois

A: You will need to have the title checked to see if the foreclosure case still appears as a "cloud" on title. The foreclosure case itself will also have to be examined to see if it was disposed of and/or if it still is a lien on the property. If it was dismissed "without prejudice" or voluntarily dismissed by your lender, then you should be able to proceed with any sale/transfer of the property. I suggest you have an attorney carefully review all these issues and the related recordings and documents to ascertain if you have marketable title.

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