Quit Deed Claim Fraud?

[patriciadurbin]

Jurisdiction

Illinois

Hi,

I have lived and worked in Texas since October 2008. My ex-husband,in Illinois,
sent me a quick deed claim, which he and i signed in November 2010. I divorced him
in June 2011. I remarried in November 2011. I recently checked my credit report and noticed a tax lien on the property I filled a quit deed claim.The lien was for
unpaid Illinois state taxes for the 2008 tax year. A lien was placed on the property in 10-11-12.
I never received notification,from my husband, about the overdue state taxes or that a lien had been placed. I never saw nor signed the Illinois 2008 state tax return.I requested a copy but the
Illinois IRS told me the document has been destroyed
Upon researching I discovered that my ex husband didn't file the quit deed until 12-27-2012.I
believe my ex husband filed the quick deed two years after I signed it to avoid responsibility for the
lien on the property. Can I contest the quick deed at this point?

 

[army judge]

I suggest you discuss your many options, which are far too complicated to explain on a discussion forum, with three or four local lawyers.

If your story is accurate, there are remedies available to you.

One will require you to have someone potentially prosecuted.

 

[Fallen]

Hi,

I have lived and worked in Texas since October 2008. My ex-husband,in Illinois,
sent me a quick deed claim, which he and i signed in November 2010. I divorced him in June 2011. I remarried in November 2011. I recently checked my credit report and noticed a tax lien on the property I filled a quit deed claim.The lien was for unpaid Illinois state taxes for the 2008 tax year. A lien was placed on the property in 10-11-12.
I never received notification,from my husband, about the overdue state taxes or that a lien had been placed. I never saw nor signed the Illinois 2008 state tax return.I requested a copy but the Illinois IRS told me the document has been destroyed
Upon researching I discovered that my ex husband didn't file the quit deed until 12-27-2012.I
believe my ex husband filed the quick deed two years after I signed it to avoid responsibility for the
lien on the property. Can I contest the quick deed at this point?

You got it almost right but a little jumbled in subject line: quit claim deed. You say tax lien on the property shows up on your credit report, but I presume there's an entry about you owing IL dough to the tune of X.

Nowhere in your post do you mention anything about the divorce process/outcome/agreement/decree and what it had to say about property and asset/debt division, what disclosures you each made about assets-debts in the divorce, etc.

If you care about your individual credit, maybe talk with a tax professional about settling up on the IL tax debt, and then deciding (based on divorce info) whether to go after husband in IL based on violation of the divorce decree/settlement agreement, the details of which you fail to mention. (Not a criticism, but kind of a common sense thing to cover.) You also don't say how much money we're talking about as of now, but I'd personally take that into account in terms of how worthwhile it is to delve into this.

I don't see any viable challenge to the quit claim of your interest in the property if by that you mean seeking to get it voided as though you'd never executed it. I'm also not clear what the point of that would be to a "contest", and you don't explain. Recording or failing to record until X date the quit claim of your ownership interest in the property doesn't affect the debt to the State ... and no reason to believe you both aren't on the hook. But apparently IL isn't taking steps to come after you as an individual and instead took the easy way and filed the lien on the property so that it couldn't be refinanced or sold without the state being in line to get dough before owner(s) see anything. (Since you said nothing about a mortgage with your name on it, wonder why State is settling for a lien and not taking active steps to get the property.)

Not filing the quit claim deed of your interest on the property doesn't help your ex avoid the tax lien on the property. I mean, you weren't the sole owner of the property before the divorce, were you? (Surely you'd mention that.)

Assuming you two always filed joint tax returns, it's also weird that you don't mention tax returns after 2008. I'm wondering whether any tax return was filed at all for 2008 (you may have been getting boilerplate answers from state without someone confirming a return was filed at all). You also don't say anything about subsequent years' returns.

Anyhoo, that's all the comments I have based on what little info you've provided. If you didn't have a divorce attorney, you might want to consult with one or two (uhm, not three or four) in IL to see if there's something that's feasible (on a flat-fee basis would be best). If you DID have a divorce attorney, surely you'd have mentioned talking with him/her.