Slander of Title
If you have a slander of title case, contact McNamara Legal for over 20 years experience working with in civil litigation suits and clouded title issues. If you own real estate in Illinois, be aware of your property’s title history. The county Recorder's Office has a list of all papers submitted to them on the land where it sits and is usually available online for viewing.
In most cases, slander of title occurs when someone maliciously records a false document against your property's title. If you are damaged by this recording, paying to have it removed is worthwhile or if the damage affects your ability to sell the property and damages ensue for that reason as well then you may be entitled to compensation.
A court in Illinois may award punitive damages to punish the person who slandered another's title. If a malicious individual harmed your property’s rightful ownership, they could be punished with payments from you when those rights are finally restored and recognized by legal authorities.
Something that people have to deal with is having disputes with creditors. These are not always easy to handle, but if you pay what's owed and the creditor still records a lien against your property, then they may be committing slander of title- or putting their name on something it does not belong in order for them get money from another party who has no right over the property as well. More common is when an acquaintance or relative comes onto someone else's land and takes away some type of deed which affects how much control somebody would have over said piece of land.
What's on a Title History
A typical title history for a residential property likely includes only deeds and mortgages. For example, when one party sells a house, they convey it to another party with an ownership deed or transfer of sale document. The recipient then may get approved for financing in the form of mortgage documents that secure their loan from whatever lender granted them money to purchase this residence.
In these cases, the recorded documentation is usually done as evidence against land usage rights owned by both parties. - not just on behalf of whoever has possession at any given time (as would be seen more typically. When a property is resold, the previous mortgage will usually be paid off and released. This leaves as paper trail of only deeds, mortgages, and releases for that title history to reflect on.
One of the most frustrating parts about owning a home is that it’s possible for someone to put any document they want against your property with no regard. This can have devastating consequences on its title, and potentially even lead to monetary damages if you were unaware. But it can't be said that all title histories are clear. A person could record a document against your property with bad intent and Illinois courts may consider this as slander of the property's title, awarding you monetary damages in return.
What is a Quiet Title Lawsuit?
Quiet title lawsuits are what we turn to when there is a dispute over property ownership. These cases may be initiated by any of the parties involved or as part of an estate settlement process and their goal is to clarify who owns the land in question once and for all, finally resolving that longstanding confusion about which party has rightful claim.
When a property changes hands, the title to it is transferred from one person or entity to another. This happens many times over throughout its lifetime and creates a chain of ownership that can be traced back through time by following each link in the chain. If there are any gaps in this chain due to an error made during conveyancing then a "quiet" lawsuit may need go into effect for proper legal resolution.
When real estate moves between parties, whether voluntarily or not (i.e., as part of inheritance), it begins forming what's known as “a chain-of-title” which links all past owners together along with future ones. A new link can be created only if the true owner is in possession of public records that identify them. These rules ensure owners are not falsely claiming ownership and being left with no recourse to reclaim their property when it's stolen by bad actors online.
Once you buy a property, the title company will act as your advocate to ensure that all of the titles are accurate and legally binding. They'll make sure no one is in possession of an erroneous piece if paper which could jeopardize your ownership rights or even lead someone unfamiliar with legalese down a path they shouldn't be on.
Quiet Title Alternatives
Choosing the wrong legal tool can make a costly title problem even more expensive. Sometimes, an owner is responsible for locating and asking key people to sign curative instruments such as quit claim deeds when defects in their titles arise. Other times, ownership disputes are settled by private agreements between owners who no longer want to co-own property with one another which may be faster or cheaper than going through litigation that could take years of court proceedings and hefty attorney fees.
If you need to legally contest a deceased person's will, ancillary probate might be the most appropriate legal tool. Filing for quiet title or ancillary probate in order to fix your problem may not require as much work on behalf of all parties involved and it can take less time depending on how complicated the estate is at hand.
When Hiring an Attorney to Assist You with Title Issues in Chicago, IL
When searching for a lawyer to represent you for a slander of title suit in Chicago, Illinois, it is important to know McNamara Legal has never lost a case and could help you work out a favorable arrangement either in or out of court if you have been defrauded. We have a vast experience working with slander of title suit issues and can help you get justice in your case. McNamara is a well known civil litigation attorney providing professional legal services and has helped many people attain adequate settlements throughout Chicago, IL, Cook County and the surrounding areas in Illinois . McNamara Legal has handled a variety of complex cases involving slander of title suit or quiet title issues in some of the more difficult cases at the Richard J. Dailey Center and other courthouses.
Call our office for a free consultation to discuss your case with our counsel. We have a vast array of experience and are here to fight for your rights, so call us today at 312-719-7959.