In re Marriage of Campbell
2017 IL App (2d) 170171
| Ill. App. Ct. | 2018Background
- Pamela (petitioner) obtained a dissolution judgment requiring Donald to pay child support; arrearages accrued and the court found a $15,005.42 past-due child support balance in July 2012.
- Pamela recorded a statutory lien for unpaid child support and related charges against Donald’s Chicago property (held in an Illinois land trust) in June 2012, claiming $24,530 (and certifying she mailed notice to Donald).
- Donald died in July 2013; his mother Janet (successor beneficiary/executor) later sought to sell the property and discovered Pamela’s recorded lien, which blocked the sale.
- Janet moved to release the lien, arguing the lien was not properly attached to a beneficiary’s interest in a land trust (an intangible/personal property interest) and that perfection required a citation to discover assets served on trustee and beneficiary.
- The trial court granted Janet’s motion, concluding Pamela had not perfected the lien under section 2-1402 and ordering release; the court later escrowed $24,530 pending appeal.
- The appellate court reversed: it held section 505(d) of the Dissolution Act creates liens by operation of law against both real and personal property of the obligor, so Pamela’s recorded lien was valid; remanded to determine the correct recoverable amount.
Issues
| Issue | Plaintiff's Argument (Pamela) | Defendant's Argument (Janet) | Held |
|---|---|---|---|
| Whether Pamela’s recorded lien for past-due child support was valid and required additional "perfecting" steps (citation to discover assets) to attach to Donald’s interest in a land trust | Pamela: statutory lien under 750 ILCS 5/505(d) arises by operation of law against all property; recording and notice to Donald was sufficient—no separate citation to trustee required | Janet: Donald only held a beneficial (personal property) interest in a land trust; to attach that intangible interest, creditor must serve a citation to discover assets (735 ILCS 5/2-1402(k-10)) on trustee and beneficiary to perfect lien | Held: Reversed trial court. Section 505(d) creates a lien against real and personal property by operation of law; no additional citation/third-party service was required here. Pamela’s lien was valid; remand to quantify entitlement. |
| Effect of Donald’s death and successor beneficiary’s rights (whether lien extinguished or not) | Pamela: lien survives; successors take the beneficial interest subject to encumbrances | Janet: at oral argument contended Donald’s interest (personal property) extinguished at death so lien not effective against successor beneficiary | Held: Court treats this contention as forfeited (not raised on appeal) and notes Probate Act principles indicate successor takes subject to encumbrances; lien remained viable. |
Key Cases Cited
- First Federal Savings & Loan Ass’n of Chicago v. Pogue, 72 Ill. App. 3d 54 (Illinois Appellate Court) (beneficial interest in an Illinois land trust is personal property)
- IMM Acceptance Corp. v. First Nat’l Bank & Trust Co. of Evanston, 148 Ill. App. 3d 949 (Illinois Appellate Court) (beneficial-interest transfers in land trusts can be subject to statute of frauds principles)
- People v. Chicago Title & Trust Co., 75 Ill. 2d 479 (Illinois Supreme Court) (beneficiary treated as owner for some purposes, e.g., real estate taxation)