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  1. #1
    Join Date
    Feb 2013
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    Illinois
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    Question Owner's Former Girlfriend Somehow Got Her Name on the Deed

    My question involves real estate located in the State of: Illinois
    My husband and I got married January 5th 2011. When I married him, I moved into his home that he purchased (he has a mortgage) six years ago. About four months ago, we fell behind on our mortgage and made arrangements to get caught up. In the mean time, two letters arrived at our house telling us as a formality, that we were in danger of foreclosure; one in his name, and the other in his ex-girlfriends' name. Not only was it in her name, she had used her first name and his last name. When he called the recorder of deeds, they said that she had put her name on the deed. (It does not show up on the mortgage) She did this three days after she was removed from the home (because she was angry....she's a thief and she got found out!). So, now we're trying to figure out how to get her name off of our home and put mine on. They were never married and she did this fraudulently. We were told we had to do a quit claim deed. This woman is from the Philippines and had high tailed it back to her home town. We found out earlier this week that she is back in town and my husband has been discussing this with an attorney. She was supposed to be meeting him there to take care of this, but she shows up at our house yesterday saying that she won't do it unless we pay her $1,000! My question is what is the statue of limitations for real estate fraud in the state of Illinois. Our next move is to have her arrested. We also found out that the attorney wants $1,500 up front...so that's a bust! Not only did she commit fraud by putting her name on a property that is not legally hers, she is now trying to extort money from us! What is your advice?
    Thanks so much,
    Voicework aka Tammy

  2. #2
    Join Date
    Jan 2006
    Posts
    38,534

    Default Re: Owner's Former Girlfriend Somehow Got Her Name on the Deed

    she could not have put herself on the title. It requires a person owning some interest in the property to deed some or all of that interest to another party. Get a copy of any deed granting any interest to the girlfriend and see who granted her any interest in the property. Unless it was your husband (and presuming he is the sole owner of the property), the ex has no legal claim to any share of the property.

  3. #3
    Join Date
    Feb 2013
    Location
    Illinois
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    3

    Default Re: Owner's Former Girlfriend Somehow Got Her Name on the Deed

    My husband is going to go get a copy of the deed. When he went to the recorders office, he said he saw her name on there...he was just as perplexed and surprised too! He asked her when she did it and she said she did it three days after he kicked her out because she was mad. I know he didn't do it. Do you think Illinois has some kind of a loophole that allowed her to do this even though it's illegal? If her name is on the deed...doesn't that mean she's part owner of my house? Help me understand? We're still investigating and I'll keep you up to date as to what happens.
    Thanks so much for your kind reply!
    Tammy

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Owner's Former Girlfriend Somehow Got Her Name on the Deed

    Are you absolutely sure your husband is remembering things correctly?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Feb 2013
    Location
    Illinois
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    Default Re: Owner's Former Girlfriend Somehow Got Her Name on the Deed

    Absolutely, as a matter of fact her name isn't on the mortgage information at all. We didn't know about it until we got another notice....one with her name and his last name. He was NOT happy and called the recorder of deeds office right away....and then he just went down there...he wanted to see it for himself. I don't know how she did it, but she put her name and his last name down. Do you think she had someone use his identity? (she emptied out his bank account and stole from him, broke into his online account etc. She's a gambler, was always drunk and was unfaithful on a regular basis), hence the reason why he finally had enough of her and threw her out. She got married to some guy and proceeded to do the same thing to him! He paid for her to go back to the Philippines and now she's back to see her divorce through. She's not a good person. She said she would not take her name off of the deed unless we paid her money to help her get back to the Philippines. Stupid "B".

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,303

    Default Re: Owner's Former Girlfriend Somehow Got Her Name on the Deed

    Do you think Illinois has some kind of a loophole that allowed her to do this even though it's illegal?
    Absolutely not. Think for just a moment - why would any state allow just any old body to put themselves on the deed to someone else's house? Let that percolate for a minute.

    Now, let me explain how adding another person to the deed works: You don't. What has to happen is that EVERYONE involved in the transaction needs to be present for the creation of a new deed. The current owner (your husband) would need to grant an interest in the property to whomever he wanted to have a share in ownership via a quitclaim deed in the presence of an attorney or notary, then a new deed is created and filed.

    If her name is on the deed...doesn't that mean she's part owner of my house?
    That's exactly what that means.


    Absolutely, as a matter of fact her name isn't on the mortgage information at all.
    Whether or not she's on the mortgage is completely irrelevant. All the mortgage indicates is who is responsible for paying the loan. Anyone can be put on the deed by the owner of the property. In some states, the law requires that your spouse be on the deed, as is the case here in Ohio. I'm not on the mortgage, but you bet your butt I'm on the deed.

    Do you think she had someone use his identity?
    I...think that's a bit of wishful thinking and that you and your husband need to have another conversation about this.

    You really need an attorney here.

  7. #7
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Owner's Former Girlfriend Somehow Got Her Name on the Deed

    Gotta concur, Missy.

    Someone, somewhere, isn't telling someone the truth.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Jan 2006
    Posts
    38,534

    Default Re: Owner's Former Girlfriend Somehow Got Her Name on the Deed

    Quote Quoting voicework
    View Post
    Absolutely, as a matter of fact her name isn't on the mortgage information at all. We didn't know about it until we got another notice....one with her name and his last name. He was NOT happy and called the recorder of deeds office right away....and then he just went down there...he wanted to see it for himself. I don't know how she did it, but she put her name and his last name down. Do you think she had someone use his identity? (she emptied out his bank account and stole from him, broke into his online account etc. She's a gambler, was always drunk and was unfaithful on a regular basis), hence the reason why he finally had enough of her and threw her out. She got married to some guy and proceeded to do the same thing to him! He paid for her to go back to the Philippines and now she's back to see her divorce through. She's not a good person. She said she would not take her name off of the deed unless we paid her money to help her get back to the Philippines. Stupid "B".

    as I said before;


    unless a person that actually owns some interest in the property deeds some or all of that interest to another party, there is no transfer of ownership. So, you get a copy of the deed that supports the claim she owns part of the property. If your husband was the only owner of the property, any deed granting interest to another party would have to list him as grantor. He would also have had to sign the deed.

    So, if there is not a deed with your husband as grantor granting some rights to the ex, then she holds no interest. If there is a deed with your husbands name (and signature) as grantor, then either it is a forgery or your husband is not being honest with you. If it is a forgery, he will have to contest it in court. He can sue his ex for slander of title as well as several other actions.

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