Southern Illinois Real Estate & Title Attorneys

Before any property changes hands, someone has to confirm that the seller actually owns it and that nothing is recorded against it. A title search is an examination of the public records — deeds, mortgages, liens, judgments, tax records, easements, and court filings — to trace the chain of ownership and uncover anything that affects the title. In Illinois, much of this work is done by attorneys acting as title agents.

Once the search is complete, we issue a title commitment. A commitment is a written promise to insure the title at closing, subject to the items it lists. It tells everyone what has to be cleared before the deal can close — an old mortgage that was never released, an unpaid contractor’s lien, a judgment against a former owner, or a gap in the chain of title. Clearing those items is a large part of what a real estate attorney actually does between contract and closing.

Title insurance protects you against problems with the title that the search did not reveal — a forged signature in the chain of title, a missing heir, a recording error, or a lien that surfaces after closing. Unlike other insurance, you pay one premium at closing and the coverage lasts as long as you own the property.

There are two kinds of policies. A lender’s policy protects the bank or mortgage company and is almost always required when you finance a purchase. An owner’s policy protects you, the buyer, up to the purchase price. The lender’s policy does nothing for your equity — only the owner’s policy does that. We strongly recommend an owner’s policy on any purchase, and we explain exactly what it covers before you decide.

Our policies are underwritten by Advocus National Title Insurance Company. Because Advocus was built on the lawyer-agent model, your title insurance comes through an attorney who is accountable to you, not a faceless processing center.

The closing is where the deal actually happens — the deed is signed, the money changes hands, the loan is funded, and the documents are recorded. We prepare and review the closing documents, calculate the credits and prorations (property taxes, association dues, and the like), handle the escrow of funds, and make sure the deed and mortgage are recorded with the county recorder in the county where the property sits.

We close purchases, sales, refinances, and for-sale-by-owner transactions. Whether you are the buyer, the seller, or both sides of a family transfer, we run the closing so the funds are accounted for, the title transfers cleanly, and you leave with documents you can actually understand.

Not every situation calls for a full title policy. A letter report is a limited title search delivered as a written report rather than an insurance commitment. We search the public records and report what is recorded against a specific property — mortgages, liens, judgments, easements, and the deeds in the chain of title — going back to a date you specify.

Banks, lenders, businesses, and other attorneys use letter reports when they need to confirm there are no liens, verify current ownership, or pull copies of the vesting deeds in the chain of title without paying for a full title insurance policy. They are faster and less expensive than a commitment, and they answer a narrow question with a clear written record. If you need to know what is recorded against a parcel and you do not need a policy, a letter report is often the right tool.

A deed is the document that transfers ownership of real estate. The type of deed you use controls what promises the seller makes about the title — and choosing the wrong one can leave you with far less protection than you expected. Illinois recognizes several statutory deed forms under the Conveyances Act (765 ILCS 5).

We prepare warranty deeds, special (limited) warranty deeds, and quitclaim deeds, as well as the deeds used to transfer property within a family or into a trust. We make sure the deed is drafted correctly, names the parties exactly as they hold title, includes the legal description and permanent index number, is properly signed and notarized, and is accompanied by the transfer declaration the recorder requires. A deed that is even slightly wrong can cloud title for years, so this is not the place to use a fill-in-the-blank form.

A Transfer on Death Instrument lets an owner name who receives their real estate at death, while keeping full control during life. Under the Illinois Real Property Transfer on Death Instrument Act (755 ILCS 27), the owner can sell, mortgage, or revoke the TODI at any time, and the beneficiary has no rights until the owner dies. A TODI must be signed before two witnesses, notarized, and recorded before death to be valid.

When the owner dies, the beneficiary records a Notice of Death Affidavit and Acceptance with the county recorder, and title passes — no probate for that property. The Act now covers all real property in Illinois, not just homes. For many Southern Illinois families whose main asset is their house, a TODI is a simple, inexpensive way to keep that property out of court. If you want to set one up, our Southern Illinois estate planning attorneys can prepare and record it.

When two or more people own property in joint tenancy with right of survivorship, the survivor automatically becomes the sole owner when the other dies — no probate required. Married couples in Illinois can also hold their home as tenants by the entirety, which adds protection against the individual creditors of one spouse. See 765 ILCS 1005/1c.

The survivorship is automatic, but the public record still needs to be cleared. To show that title has passed, the surviving owner records an Affidavit of Surviving Joint Tenant (sometimes called an affidavit of death) along with a certified copy of the death certificate. Until that is recorded, the deceased owner’s name still clouds the title and can hold up a future sale or refinance. We prepare and record these affidavits regularly, often for families who only discover the problem years later when they try to sell.

A life estate deed splits ownership across time. The owner (the life tenant) keeps the right to live in and use the property for life, and a named person (the remainderman) automatically owns it outright when the life tenant dies — without probate. When the life tenant passes, the remainderman records the death certificate to clear title.

Life estates can help in certain long-term-care planning situations, but they come with real tradeoffs: the life tenant generally cannot sell or mortgage the property without the remainderman’s cooperation, and the remainderman’s creditors or divorce can reach the property. For most families, a TODI offers the same probate avoidance with far more flexibility, but a life estate is still the right answer in specific cases. We help you weigh them side by side.

Often a person dies owning real estate in their own name, no probate is ever opened, and years later the family needs to sell or refinance — but the title is still in the deceased person’s name. An affidavit of heirship is frequently the tool that clears this up. Under the Illinois Probate Act, heirship can be established by an affidavit stating the facts from which the decedent’s heirs can be determined. See 755 ILCS 5/5-3.

The affidavit is signed under oath, usually by someone who knew the family but does not stand to inherit, and it lays out the decedent’s family history and heirs. Recorded in the county’s land records, it gives title examiners the record they need to show how title passed by intestate succession. It is not a magic wand — if the estate has debts, disputes among heirs, or a will that needs to be admitted, probate may still be required. But in the common case of a small family home and clear heirs, an affidavit of heirship can clear title without a full probate case. We evaluate each situation honestly and tell you which route will actually work.

Sometimes there is no shortcut. If a person dies owning real estate solely in their own name, with no TODI, no surviving joint tenant, and no trust — and the title needs to be marketable — probate is often the only way to clear it. Probate is also necessary when there is a will that has to be admitted, when heirs disagree, or when creditors have claims that have to be resolved before the property can be sold.

The good news is that we handle both sides. We can open and administer the probate case and then prepare the deed that conveys the property out of the estate, all in one office. If you are dealing with an inherited property and are not sure whether you need probate, our Southern Illinois probate attorneys can review the title and tell you exactly what it will take.

A typical Illinois sale moves through a predictable sequence. The buyer and seller sign a contract. An attorney review period follows, during which each side’s lawyer can request changes or raise concerns. The buyer arranges financing and usually an inspection. Meanwhile, the seller’s side orders the title search and clears any problems. As closing approaches, the lender issues a Closing Disclosure — federal law requires the buyer receive it at least three business days before closing. At closing, the documents are signed, funds are exchanged, the loan is funded, and the deed and mortgage are recorded.

Most residential closings come together in roughly 30 to 45 days from contract to close, though financing delays and title problems can stretch that out. Having the same office handle your contract, title, and closing keeps the timeline tight.

Illinois requires most residential sellers to complete a Residential Real Property Disclosure Report and give it to the buyer before the contract is signed. Under the Residential Real Property Disclosure Act (765 ILCS 77), the seller answers a standardized set of statements about known material defects — flooding and floodplain status, foundation, roof, plumbing, electrical, environmental hazards, and more — based on what the seller actually knows.

The disclosure covers homes of one to four units. Sellers also have to provide radon information under the Illinois Radon Awareness Act (420 ILCS 46). Getting this wrong is a common source of after-closing lawsuits. We make sure sellers disclose properly and buyers understand what the disclosure does — and does not — promise.

Illinois charges a real estate transfer tax when a deed is recorded. The state rate is $0.50 per $500 of the sale price — one dollar per thousand — under the Real Estate Transfer Tax Law (35 ILCS 200/31-10). The seller usually pays it, because the seller delivers the deed. Counties may add their own tax of up to $0.25 per $500 by ordinance, so the local amount can vary — we confirm the current figure for your county at closing.

The tax is paid by buying revenue stamps at the county recorder’s office, and a transfer declaration (Form PTAX-203) must be filed with the deed, typically through the state’s MyDec system. Some transfers — between spouses, into your own trust, or by court order — are exempt, but the declaration still has to be filed. We handle the stamps, the declaration, and any exemption paperwork as part of the closing.

Closing costs are the fees on top of the price itself. For a buyer, they typically include loan origination and lender fees, the title search and title insurance, recording fees, attorney fees, and prepaid items like taxes and insurance. For a seller, they typically include the transfer tax, the owner’s title policy premium, attorney fees, payoff of any existing mortgage, and a credit to the buyer for the seller’s share of property taxes.

Illinois title insurance premiums are filed and regulated, so the rate for a given amount of coverage is consistent from one agent to the next. The real differences between providers are service, accountability, and how cleanly the deal closes. We give you a clear, itemized picture of your costs early — not a surprise at the table.

Illinois is an attorney-state for real estate, and most transactions involve a lawyer. Standard Illinois contracts include an attorney review period, and an attorney can also serve as the title agent who searches title, prepares the deed, and runs the closing. While not strictly required by statute in every deal, using an attorney is the norm and protects you on the largest purchase of your life.

A real estate attorney reviews your contract, catches problems with the title before they become your problem, prepares or reviews the deed, calculates the credits and prorations, and makes sure the closing documents are correct. Because our attorneys are also title agents through Mt. Vernon Title Company, we handle the legal work and the title work together, so nothing falls through the cracks between two separate offices.

The seller usually pays the Illinois real estate transfer tax, because the seller is the one delivering a recordable deed. The state rate is $0.50 per $500 of the sale price, or one dollar per thousand. Counties may add up to $0.25 per $500 by local ordinance, so the total varies by county. The buyer and seller can also agree to split or shift the tax in the contract.

The tax is paid by purchasing revenue stamps at the county recorder’s office, and a transfer declaration (Form PTAX-203) is filed with the deed through the state’s MyDec system. Certain transfers — between spouses, into your own trust, or by court order — are exempt, but a declaration still has to be filed. We handle the stamps, the declaration, and any exemption as part of your closing.

Title insurance protects you from title problems the search did not uncover — a forged deed, a missing heir, a recording error, or a lien that surfaces after closing. A lender’s policy is almost always required when you finance, but it only protects the bank. To protect your own equity, you need a separate owner’s policy. You pay once at closing and the coverage lasts as long as you own the property.

We strongly recommend an owner’s policy on any purchase. The premium is a one-time cost, and the protection it provides against an undiscovered title defect can be the difference between keeping your home and losing it. Our policies are underwritten by Advocus, the only bar-related title underwriter based in Illinois.

A warranty deed promises the buyer that the seller owns the property free and clear and will defend the title against claims. A quitclaim deed makes no promises at all — it simply transfers whatever interest the seller has, which could be everything or nothing. Use a warranty deed when buying from a stranger; a quitclaim deed is for family transfers, divorces, or fixing a small title problem.

There is also a special (limited) warranty deed in the middle, where the seller guarantees the title only for the period they owned it. Banks, estates, and commercial sellers often use this one. Choosing the wrong deed can leave you with far less protection than you expected, so it is worth a quick conversation before you sign.

It depends on how the property was titled. If it was held in joint tenancy, the surviving owner records an affidavit of surviving joint tenant and a death certificate. If there was a recorded Transfer on Death Instrument, the beneficiary records a Notice of Death Affidavit and Acceptance. If there was no will and clear heirs, an affidavit of heirship can often clear title. Property held solely in the decedent’s name usually requires probate.

Many families do not realize the deceased owner’s name is still on the title until they try to sell or refinance years later. We handle all of these transfers and affidavits, and when probate is the only route that will clear the title, we can open and complete that case in the same office. If you are not sure which applies, bring us the deed and we will tell you.

If you and your spouse owned the home together in joint tenancy or as tenants by the entirety, you became the sole owner automatically when your spouse died. To clear the public record, you record an affidavit of surviving joint tenant along with a certified copy of the death certificate at the county recorder’s office. Until that is recorded, your spouse’s name still clouds the title.

This is one of the most common things we handle. It is usually straightforward, but it has to be done before you can cleanly sell or refinance. If the home was not held in survivorship form, the transfer may instead require an affidavit of heirship or probate, depending on whether there was a will and other heirs. We will look at how title was held and prepare the right document.

A letter report is a limited title search delivered as a written report rather than an insurance policy. It tells you what is recorded against a specific property — mortgages, liens, judgments, easements, and the deeds in the chain of title — going back to a date you choose. It does not insure the title; it simply reports what the public records show. It is faster and less expensive than a full title commitment.

Banks, lenders, businesses, and attorneys use letter reports when they need to confirm there are no liens, verify current ownership, or obtain copies of the vesting deeds in the chain of title without paying for a full policy. If you need answers about a parcel but do not need title insurance, a letter report is often the right tool. We prepare these regularly through Mt. Vernon Title Company.

A Transfer on Death Instrument, or TODI, lets an Illinois property owner name who receives their real estate at death while keeping complete control during life. The owner can sell, mortgage, or revoke it anytime, and the beneficiary has no rights until the owner dies. The TODI must be signed before two witnesses, notarized, and recorded before death. At death, the beneficiary records a short affidavit and title passes — no probate.

The Illinois TODI Act now covers all real property, not just homes. For families whose main asset is their house, a TODI is one of the simplest and least expensive ways to avoid probate on that property. It is not a complete estate plan by itself, though — it only covers the real estate it names. We often pair it with a will and powers of attorney as part of a broader plan.

Most residential closings in Illinois take about 30 to 45 days from a signed contract to the closing table. The timeline is driven mostly by the buyer’s financing and by clearing any title issues the search turns up. Cash purchases can close faster; deals with loan delays, title problems, or estate complications can take longer. Federal law requires the buyer receive the Closing Disclosure at least three business days before closing.

The biggest source of delay is usually title — an old mortgage that was never released, a lien, or a break in the chain of ownership. Because we search and clear title in-house through Mt. Vernon Title Company, we catch and resolve those issues early instead of discovering them days before closing.

Yes. That is the core of how we practice. Olson & Reeves co-owns Mt. Vernon Title Company, so the same office reviews your contract, searches and clears your title, prepares your deed, issues your title insurance, and runs your closing. Our title work is underwritten by Advocus, the only bar-related title underwriter based in Illinois. You get your legal representation and your title work from one accountable team.

Keeping everything in one office is faster and reduces the miscommunication that causes delays when a separate lawyer and title company have to coordinate. It also means one point of contact who knows your file from contract to recording — and who is still here if a question comes up afterward.