Case law of mortgage and/or note may be used to establish motion to partition?

Asked about 2 months ago - Chicago, IL

How do I know if I can file a complaint to partition a property? I am on the mortgage, the note, but I Quit Claimed the Title/Deed to the property. The Quit Claim is not valid, was not recorded, as it does not have the property pin or property description, just property address.

Additionally, I signed a "person to person" contract that says I transfer my property interest to another individual. Since I am on the responsibility of note and mortgage loan, can I argue I still have an interest to sell the property? I want to locate any Illinois Case Law that will establish IF I can proceed or if this will be rejected. Do you know any cases by exact example of this??

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is unlikely you will find any caselaw which will support your position. However, if you wish to go to a law library and do some research you may learn quite a bit. This form is not set up for us to do your research for you.

    Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer... more
  2. Eric Allen Sutton

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . A real estate attorney should be able to review your documents and advise you on the benefits and pitfalls of pursuing a partition claim, and advise on whether you are able to bring a partition claim at all.

  3. Lela Jeannette Davis

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . You should setup a consultation with a real estate lawyer who can review your documentation and advise you on how to proceed.

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