[IL] How do I stop city fines when I’ve sold a property, but the deed was never recorded because the buyer has died?

IL Real Estate Law

BH414

2,697 satisfied customers

View context

Solved

You can get ahead of this in Illinois by treating it as a title cleanup problem and a municipal enforcement problem at the same time. The city is fining you only because the public record still shows you as the owner. Once you correct the record, you will have a strong basis to ask the city to dismiss or reduce the citations.

The fastest path is to determine whether you have any deed that was signed at the time of the sale. If you do:

You can record it in the Illinois county where the properties are located.
Illinois does not require the buyer to record a deed. Anyone with the executed deed can submit it. (765 Ill. Comp. Stat. § 5/9)
Recording it now corrects the chain of title and removes you as the responsible party going forward.

If the deed was never executed, or if all you have is a purchase agreement, you will need cooperation from the deceased buyer’s estate.

Illinois probate law requires that someone be appointed to handle the decedent’s property. That person can execute a confirmatory deed and allow you to record it.
If no estate has been opened, you can check the probate docket in that county to see if someone has already stepped in. If no one has, it may be possible to petition for a small estate affidavit or ask the court to appoint a representative solely to correct title. Illinois courts allow that when the only remaining issue is clearing ownership. (755 Ill. Comp. Stat. § 5/6-2)
Once you have a recorded deed, you can return to the city with proof of the sale date and request that the fines be dismissed or reassessed. Cities in Illinois generally agree to withdraw citations that were issued after the seller no longer held any beneficial interest in the property.
It helps to provide the purchase agreement, the date funds changed hands, and the newly recorded deed or confirmatory deed.

You are not liable for property conditions after the date you sold, and once the paperwork catches up, you can argue that the delay was outside of your control.

General Warranty Deed – Official

Create Document

Full Conversation

I sold my house to a person that has since died. The deed didn’t get updated with the city and now they’re fining me. How do I remedy this?

Lexi, Chatbot

I'm sorry to hear about the situation you're facing with the fines; that must be very stressful. Can you tell me when the sale took place and if you have any documentation regarding the transaction?

It took place in November 2023.

Lexi, Chatbot

Have you already contacted the city about the fines, and if so, what was their response?

They keep sending me citations.

BH414

Hello, I'll be happy to help you out today. Please note that this discussion is for guidance only, does not constitute an Attorney-Client Relationship, and is only to help you understand the nature of your situation from a legal standpoint and discuss options. You must engage an attorney in your local jurisdiction if you wish to take any legal action through an attorney.

There may be a small wait as I review your question to provide a detailed response. Do you have any additional or clarifying information that will assist in my review?

Yes. I sold 4 properties to my neighbor for distressed homes in Illinois. We are in Florida. I have the purchase agreement, as I purchased them from an auction. The deed was never transferred and the person I sold them to died. Now the city is fining me for citations and various other issues against the property as I'm still on file. How do I mitigate?

I have engaged the city already.

BH414

Thank you for your patience.

BH414

The fastest path is to determine whether you have any deed that was signed at the time of the sale. If you do:

You can record it in the Illinois county where the properties are located.
Illinois does not require the buyer to record a deed. Anyone with the executed deed can submit it. (765 Ill. Comp. Stat. § 5/9)
Recording it now corrects the chain of title and removes you as the responsible party going forward.

If the deed was never executed, or if all you have is a purchase agreement, you will need cooperation from the deceased buyer’s estate.

Illinois probate law requires that someone be appointed to handle the decedent’s property. That person can execute a confirmatory deed and allow you to record it.
If no estate has been opened, you can check the probate docket in that county to see if someone has already stepped in. If no one has, it may be possible to petition for a small estate affidavit or ask the court to appoint a representative solely to correct title. Illinois courts allow that when the only remaining issue is clearing ownership. (755 Ill. Comp. Stat. § 5/6-2)
Once you have a recorded deed, you can return to the city with proof of the sale date and request that the fines be dismissed or reassessed. Cities in Illinois generally agree to withdraw citations that were issued after the seller no longer held any beneficial interest in the property.
It helps to provide the purchase agreement, the date funds changed hands, and the newly recorded deed or confirmatory deed.

You are not liable for property conditions after the date you sold, and once the paperwork catches up, you can argue that the delay was outside of your control.

BH414

I hope I was able to help resolve your issue. If you have any other questions, feel free to ask.

BH414

2,697 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Liz

Lawyer

4.75 (43,836)

[IN] Can I prepare a transfer-on-death deed if I am also the named beneficiary?

Answered 9 hours ago

Barrister

Lawyer/Landlord/Realtor

4.78 (66,544)

[CA] Can a surviving joint tenant sell property after a spouse’s death without removing the spouse from the deed?

Answered 10 hours ago

Andres Sanchez

Attorney

4.70 (23,565)

[HI] Can I transfer a co-owner’s share of property using a transfer-on-death deed and avoid probate despite a mortgage?

Answered 2 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.