What role will an attorney play when they represent the Seller in a Real Estate Transaction?
1) The attorney will review the Contract and advise the Seller as to the terms of the Contract.
2) The attorney will order and review the title evidence to make sure that the Seller is giving clean title to the Buyer.
3) If there are any title objections on the title work, the attorney will clear them in order to make sure that the Seller is delivering free and clear title to the Buyer, free from any liens and encumbrances.
4) If there is a mortgage on the property, the attorney will obtain mortgage payoff information.
5) The attorney will prepare the Deed and transfer declaration.
6) The attorney will prepare a settlement statement will the proper calculation of credits, prorations, and will review the tax assessment information.
7) The attorney will attend the closing and review the closing documents with the Seller.
Denise Bates @ Thomas, Mamer & Haughey, LLP
Denise Knipp-Bates
Thomas, Mamer, Haughey, LLP
National City Bank Building
30 E. Main St., Ste 500
Champaign, IL 61824
Phone: 217-351-1500
Fax: 217-355-0087
Email: dkb@tmh-law.com
David Steigmann
Steigmann Law
1807 Woodfield Drive
Savoy, IL 61874
Phone: 217-351-5818
Steigmann Law
1807 Woodfield Drive
Savoy, IL 61874
Phone: 217-351-5818
Email: David.Steigmann@stegmannlaw.com
Mary Ann Royse
Mary Ann Royse Law Office
One Main Plaza Ste 218
Champaign, IL 61820
Phone: 217-531-1120
Randy Green
Meyer Capel Law Office
306 W. Church St.
Champaign, IL 61820
Phone: 217-352-1800
Options for Holding Title to a Property
When a person holds title to land, there are few things to consider. If there is more than one person, such as husband/wife, or business partners, the State of Illinois law allows for title to be held between owners in three ways:
Tenancy in Common: The most basic form of title. In Illinois, if no manner of title is stated, co-ownership is presumed as tenants in common. It means the owners in common own an undivided fractional interest in the property. The owners own an unequal share but may use the entire property. The physical property is not divided. Tenants in common each hold separate ownership interests which can be sold, conveyed or transferred without the consent of the other owners. There is no right of survivorship. When one owner dies, that share of land is transferred by the owner’s will or by the intestacy statute and the owner’s heirs or legatees will become the new owners of that share.
Joint Tenancy: Basically joint tenants with right of survivorship. This ownership may be attained by satisfying the legal requirements of the four unities of ownership to include: time (all tenants must take title at the same time), title (all tenants must take title by the same document), interest (all tenants must have an equal interest), and possession (all tenants have an undivided possession right).
As in tenants in common, all owners have an undivided interest and can use the entire property. The difference is there is a unity of ownership. Upon death of one of the owners any remaining owners will take the rights of the deceased ownership, no new owners can take title. The property will be passed to the surviving owners. Property held in joint tenancy may be partitioned, sold, or encumbered without the consent of the other owners.
Tenancy by the Entirety: This is reserved only for married couples and provides extra protection to marital property. This must be the couple’s homestead. This method of holding title has all of the benefits of joint tenancy however also protects against some creditors. A home held as tenants by the entirety may only be reached by creditors of joint debts of husband and wife. In the case of non-joint debts, the property may not be partitioned, sold or encumbered without the permission of both spouses.
Tenancy in Common: The most basic form of title. In Illinois, if no manner of title is stated, co-ownership is presumed as tenants in common. It means the owners in common own an undivided fractional interest in the property. The owners own an unequal share but may use the entire property. The physical property is not divided. Tenants in common each hold separate ownership interests which can be sold, conveyed or transferred without the consent of the other owners. There is no right of survivorship. When one owner dies, that share of land is transferred by the owner’s will or by the intestacy statute and the owner’s heirs or legatees will become the new owners of that share.
Joint Tenancy: Basically joint tenants with right of survivorship. This ownership may be attained by satisfying the legal requirements of the four unities of ownership to include: time (all tenants must take title at the same time), title (all tenants must take title by the same document), interest (all tenants must have an equal interest), and possession (all tenants have an undivided possession right).
As in tenants in common, all owners have an undivided interest and can use the entire property. The difference is there is a unity of ownership. Upon death of one of the owners any remaining owners will take the rights of the deceased ownership, no new owners can take title. The property will be passed to the surviving owners. Property held in joint tenancy may be partitioned, sold, or encumbered without the consent of the other owners.
Tenancy by the Entirety: This is reserved only for married couples and provides extra protection to marital property. This must be the couple’s homestead. This method of holding title has all of the benefits of joint tenancy however also protects against some creditors. A home held as tenants by the entirety may only be reached by creditors of joint debts of husband and wife. In the case of non-joint debts, the property may not be partitioned, sold or encumbered without the permission of both spouses.