§ 3-11 — Fraudulent transfer of real property

A transfer of any legal or equitable interest in real property, whether vested, contingent, or inchoate, by a person who is or has been a recipient, including any such transfers prior to application which would have initially disqualified the person as provided in Section 3-1.3, shall, under any of the following conditions, be deemed prima facie fraudulent as to the Illinois Department. (1.) Where the deed or assignment has not been recorded or registered by the grantee, trustee, or assignee (2.) When the deed or assignment, even though recorded or registered, fails to state the consideration (3.) When the consideration for the deed or assignment, even though recorded or registered, is not paid (4.) When the consideration for the deed or assignment, even though recorded or registered, does not approximate the fair, cash market value. The Attorney General, upon request of the Illinois Department, shall file suit to rescind any such transfer or assignment of real property. Any aid furnished under this Article shall be recoverable in any such proceeding from such person or from his estate.

Legislative History

(Source: P.A. 92-111, eff. 1-1-02.)