Re: You can pass around the title, but not the liens against the title
Posted by Ward-CA- on September 10, 2001 at 20:05:47:
In Reply to: Re: Illinois in-law in foreclosure posted by Dexter on September 09, 2001 at 14:18:25:
: Thanks Ward for your prompt response. I have another question. My in-law is trying to get her name off the title and put her mother's name on the title. They've told me that since I live in CA. I don't know the Illinois statutes. This is true but, is it possible to quit claim the deed to my mother in law and the daughter is no longer responsible for the mortgage? They say, "this isn't the case because she (daughter)is still responsible for the mortgage." I'm not sure is this is true. If this is true how can the daughter get her name off the title and put her mother's name on title?
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Dexter, you’re absolutely right. A debtor can’t just deed her property to someone else and thereby escape a foreclosure responsibility. This isn’t like a game of “hot potato, hot potato”.
So though the daughter can deed (doesn’t matter what type of deed) the property to someone else, she’s still personally responsible for the payment on the mortgage.
Basically Dexter, the title of a property is a separate matter from the liens against the title in that you can voluntary pass your title around, whereas you can’t pass around the liens that are against it.
Hope this helps
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