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Chicago Property Deed Attorneys
Resolving Title Issues in Buffalo Grove and Lake County
When someone endeavors to sell real estate, they must demonstrate they are the true owner of the property and therefore have the right to convey ownership to another party. An imperfect deed can point to problems in the handling of the deed’s recording and other forms of paperwork. Perfecting a deed (and curing other title issues) is always in your best interest when navigating real estate transactions.
Our Chicago property deed lawyers can help you address and resolve title issues and other problems that can jeopardize the clean transfer of property ownership. We are familiar with a wide variety of common encumbrances and know how to efficiently handle ambiguities caused by imperfect deeds. Our team at Wolff Legal is precise and thorough when implementing problem-solving techniques and is determined to provide you with efficient and effective representation.
We offer our legal services in English and Spanish.
The Difference between Deeds and Titles
“Deed” and “title” are often used interchangeably. While both a property’s title and deed are relevant when discussing property ownership and conveyance, they do not refer to the same thing.
A title confers legal rights to the owner of real estate. A property owner with a valid title free of encumbrances can lawfully live on, use, or modify the property however they please.
A deed is the legal written document that establishes real estate property transfers and who currently has title rights. Deeds must be recorded with the appropriate government office, and a deed is “imperfect” when someone fails to properly record an ownership transfer.
Resolving an Imperfect Deed in Illinois
When you discover a deed is imperfect, you will need to take steps to address the issue before a transfer of ownership can safely occur. First, you will need to evaluate the scope and severity of the problem. Some deed-related errors are extremely minor and will require that you take no special action. Other issues may jeopardize the transfer of ownership. Our team can assess the imperfect deed and advise what steps may need to be taken.
The following tools are generally used to perfect a deed:
- Affidavit of correction. For minor mistakes and errors, an affidavit will be sufficient in curing the defect. For example, an affidavit of correction can clarify some types of omitted information or amend simple misspellings. Affidavits can be especially useful because they do not necessarily require the involvement of the instrument’s original parties.
- Corrective deed. This type of instrument perfects the deed by acknowledging and repairing the defects. It exists in the public record alongside the imperfect deed and can facilitate a smooth transfer of ownership.
- A new deed. You may need to establish an entirely new deed if the imperfect deed is encumbered by large, material defects. This will require involving the instrument’s original parties.
Instruments used to perfect deeds must be appropriately notarized and witnessed in order to be considered valid. Our Chicago property deed lawyers can facilitate each stage of the deed perfection process. Our team at Wolff Legal understands the intricacies and nuances of Illinois real estate law and can provide you with the seasoned guidance you need when an imperfect deed or title is imperiling the success of a transaction.