Chicago, IL asked in Real Estate Law for Illinois

Q: How can I sell off my condo without my mother's presence?

I recently paid off the mortgage to my condo that my mother also has a name to it. We've been wanting to sell our condo for awhile, but when the pandemic hits, my mother doesn't want to do any travelling. She resides in Georgia. I live in the condo in Illinois. Both of our names are on the quit claim deed. I'm the only person who has been paying the mortgage, living and managing the condo, so she allows me to handle all everything, including the sale of it. How can I sell the condo by myself and give back her share of the condo without needing her to be presence?

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3 Lawyer Answers
Kori Maria Bazanos
Kori Maria Bazanos
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Sellers typically do not attend the closings of the sale of the property. The sellers will execute the requisite closing documents in advance. Though I do not know the precise details of your proposed sale, I believe your mother can most likely execute the requisite documents in Georgia and send them to your attorney, here in Illinois, to deliver to the buyer at closing.

1 user found this answer helpful

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Wheeling, IL
  • Licensed in Illinois

A: You may obtain a singed, notarized Power of Attorney from your mother authorizing you to act on her behalf with respect to her legal rights as the co owner of that property in order to complete the transaction without her attending it.

Erik K Jacobs
Erik K Jacobs
Answered
  • Rockford, IL
  • Licensed in Illinois

A: Your mother can attend the closing remotely. In other words, she can execute any required documents in Georgia and they can be sent via Fed Ex to the attorney handling the closing or the title company here in Illinois. An alternative is to have your mother give you power of attorney to sign any documents on her behalf. Your attorney can help you through this process. It should not be a big deal.

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