• Donahue & Walsh, P.C.
    McHenry IL: 815-889-2364
  • FRS Law Group

    (Flinn, Ruble & Salazar)

    Elgin IL: 224-276-6641
  • FRS Law Group

    (Flinn, Ruble & Salazar)

    Sycamore IL: 630-202-1559
  • Granger & Donahue
    Rockford IL: 779-203-9049
  • Cohen & Donahue
    Palatine IL: 847-452-5124
Donahue & Walsh, P.C.

A Proven Leader In Illinois Criminal Defense And Real Estate Law

Title defects can derail your real estate purchase

There are many different steps when it comes to buying a home or other piece of real estate, and at each step it is possible that something may go wrong. Problems with the title can be particularly upsetting. For example, title defects can make it difficult to establish legal ownership of a property.

The person who legally owns a property holds its title. When purchasing a piece of real estate in Illinois, ownership transfers to the buyer who then holds the title. Unfortunately, a claim to past ownership can present a problem with the title. A past ownership claim usually comes up when a piece of land was owned by a single family for multiple generations. In such cases, the original owner may have been forgotten or someone else could have attempted to take the land by way of adverse possession.

Liens are also problematic. If a lien is placed against a home or property in Illinois, it is an effort to make the owner pay off a debt. Properties with liens cannot be sold unless the lien is paid off. This means that even if another person purchases a property and begins making mortgage payments, he or she might not actually own the title.

Purchasing a piece of real estate is a significant and time consuming process. Learning of possible title defects can be upsetting, so it is a good idea to be as prepared as possible. Some prospective buyers choose to have an experienced attorney perform a title search to look for possible title defects. It can also be helpful to include a contingency in the purchase agreement, giving the buyer the ability to back out if the seller is unable to demonstrate that he or she clearly has the title.

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Donahue &
Walsh, P.C.

FRS Law
Group

(FLINN, RUBLE & SALAZAR)

FRS Law
Group

(FLINN, RUBLE & SALAZAR)

Granger &
Donahue

Cohen &
Donahue

Palatine Office
800 E Northwest Highway
Suite 602
Palatine, IL 60074

Phone: 815-889-2364
Phone: 847-452-5124
Fax: 847-930-1135
Palatine Law Office Map

Elgin Office
2400 Big Timber Road
Suite 108
Elgin, IL 60123

Phone: 815-889-2364
Phone: 224-276-6641
Fax: 847-930-1135
Elgin Law Office Map

McHenry Office
4310 Crystal Lake Road
Suite C-D
McHenry, IL 60050

Phone: 815-322-9678
Phone: 815-889-2364
Fax: 815-344-8922
Map & Directions

Sycamore Office
145 S. Sacramento Street
Sycamore, IL 60178

Phone: 815-322-9678
Phone: 630-202-1559
Fax: 847-930-1135
Sycamore Law Office Map

Rockford Office
One Court Place
Suite 100
Rockford, IL 61101

Phone: 815-322-9678
Phone: 779-203-9049
Fax: 815-329-6768
Rockford Law Office Map