Help! How to find info on house

[Jasminesmommy]

Its a long story why I need this bit is there a site to go to to find out if a house is put on the market or anything going on with it?It in Chicago.
Long story short my dad and mom lived in a hosue.My mom passed away this past Aug. My Mom and Uncle's name were put on the house when my grandmother died. When my mom died my uncle was suppose to sign the house over to my dad because my mom paid my uncle for his half of the house. Now my uncle is not going to do it and we want to make sure he is not selling it out from under my dad since he won't tell my dad anyting. Is there any way to find out what my uncle is doing with the house since he won't tell us???

Should I change the title to get more answers and if so to what?

 

[kejoda]

I'm not sure how you could find out. Maybe you could change your title to ask realtors for help?

 

[Figment2]

If you know a real estate agent and have the tax id number for the property (maybe even just the address, I don't know), they could probably look it up on whatever system they use.

Cyn

 

[buckler]

You can do a google search on the terms Chicago and MLS and come up with a number of search engines that will let you search the current real estate listings. If you narrow down your search to a specific neighborhood and features of the home if should come up if it is currently listed. For example of one try
Chicago Area MLS Search there may be better ones. Of course this won't tell you if the property is up for "Sale by Owner" and is not listed with a multiple listing service.

But what you really need to do is get a hold of a copy of the property warranty deed from the county court house. It will show you how the property was titled when it was transferred from your grandmother to your mother and uncle. It could have been titled so that each person's share of the home would pass to their estate (known as tenants in common), which means your mother's share would go to the heirs she named in her will (or typically her husband in the event of no will). Or it could have been titled so that complete ownership would transfer to the surviving owner (joint tenants with rights of survivorship). If it is titled with joint tenancy, ownership of the property would have transferred completely to your uncle upon your mother's death.

If the property is in Cook County here is a link where you can pull up the document online (appears to be a fee to view/download the actual document)
Cook County Recorder of Deeds

Here are some explanations of Illinois property law regarding how a title is held
http://www.illinois-attorney.com/lp15.htm
http://www.chicagobar.org/public/diallaw/23.asp

If it is is a tenancy in common your uncle can't sell the property without the consent of your mother's heirs. If it is a joint tenancy and you can't prove your mother bought out your uncle, then your uncle owns the entire home and can sell it.

Do you have any written documents showing that your mother paid your uncle for the property? To transfer the property a quit claim deed should have been signed by your uncle giving up his rights to the property. I assume this is the document you want to have him sign and he is refusing to sign. This sounds messy and complicated and beyond the scope of advice from the internet. Please consult an attorney!

Edited to add one thought: make sure the property taxes and any mortgage are being paid on the property if your mother's estate still has an ownership interest. You wouldn't want the property to be foreclosed on for falling behind on mortgage payments or taxes.

 

[ducklite]

What you really need is a lawyer.

Anne

 

[Jasminesmommy]

My dad needs a lawyerbut can't afford one. My mom did not have a will. She would have changed the house to my dads name but trusted my Uncle since he WAS pretty good on his word and she got sick and died all in a month.

 

[golfgal]

Most listings go to on Realtor.com but it would be something that you would have to check every day (you can have email alerts sent for new listings that match your search criteria).

I would also talk with a lawyer. If nothing else they can send an official letter of some sort trying to get this straightened out. It wouldn't be very expensive to do that.

 

[golfgal]

Also, do you have some kind of documentation that your mom paid your uncle, a canceled check (most banks have that online now or keep computerized records of those things).

 

[ducklite]

You say he can't afford a lawyer, but can he afford to lose the house? Does he have an employee legal plan where he works?

Anne

 

[The Mystery Machine]

I think you might run into trouble here. If this is your Uncle then he has "heir rights" to the property.

I don't see where your dad has any right to it. As it stands it appears that your grandmother "willed" the property to her children.

 

[pkrimier]

You most certainly need a lawyer.....is their a legal aid orgainization where you live? Try it if so.

That is exactly the reason my husband and I have everything in both our names...(as OR not AND)..that way if something happens to one of us there
will be no question of ownership and no problem having to transfer a title.

I hope it works out for your Dad....but if you do not have proof that your mother paid your uncle his share ....your father might find himself homeless.
I pray this is not the case.