Cook County, IL Recorder of Deeds - how to strike a mortgage assignment affidavit from the land record?

Asked about 4 years ago - Chicago, IL

Is there a way for an owner of real estate to cause an affidavit of assignment of mortgage and note to be stricken from the title record of that real estate, in Cook County? I mean, besides by filing suit? I would like to know what form or paper would need to be filled out and presented to the clerk at the recorder of deeds in order to invalidate the affidavit. There is no assignment attached to the affidavit, and the affiant is an attorney of the "assignee" - I know that an entity can't just file an affidavit of assignment to itself when it has no interest to assign - if it were that easy (and legal) I could just run around assigning everyone's real estate to myself. There must be some way to strike such an affidavit from the record. What is the Cook County procedure for doing this

Attorney answers (1)

  1. Erica Crohn Minchella

    Contributor Level 14

    Answered . I don't believe there would be any way of correcting the record short of suit to Quiet Title.

    The validity of any other method of striking the assignment would be an issue of title, in the event the property were to be sold or refinanced. So, if we look at what the Title Company would find acceptable to clear the item off of title, it would look to how the assignment was deemed invalid. Even with your analysis of how an entity cannot make an assignment unless it has an interest to assign, you still need an authority greater than mere logic to satisfy the Title Company. I would think that only a Court Order would suffice - unless the creditor voluntarily filed an affidavit of error with the Recorder of Deeds.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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