Mother in law gifted wife a property on 2020, 10 acres. MIL wanted it only in wife's name, which we agreed to at the time to avoid conflict.(we have been married since 2009) . We are finally building on it, and wife and I want to make the property a tenants by entirety, with both our names. I... Read more »
answered on Mar 27, 2023
To create a joint tenancy the parties must hold an undivided right to possession and have equal ownership interests. Joint tenants must acquire their interest at the same time and they must acquire their interest by the same instrument of conveyance (deed). Our real estate law is rooted in... Read more »
My brother states he receives not only the physical home and land from my mother but all personal property inside the he as well. One clean swoop. Is this true? The personal items are worth as much as the physical property . Michigan. Warranty deed. Thank you
answered on Mar 22, 2023
Generally, a warranty deed is a form of deed that provides an unlimited warranty of title. The grantor guarantees that tthey have good and marketable title to a subject property. It is important to know that the warranty is not limited to the time that the current owner owned the property. It... Read more »
The leasing agency did a complex-wide inspection for pets. My apartment was inspected while I was not there, and I did not give permission. They claim to have sent six notices of the inspection to my email weeks beforehand, but I did not receive any emails about inspections. Is what they're... Read more »
answered on Mar 1, 2023
They can enter only if there is proper notice that is usually defined in a provision within the lease, or if there is an emergency. For more information please see www.ProvenResource.com
How do we transfer ownership to my mom, then her children in the future and avoid probate?
answered on Mar 2, 2023
It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the... Read more »
My deceased brother had no spouse, children, or living parents and passed w/o a will. 5 of 6 siblings are trying to start Probate and 1 sibling is refusing to cooperate in this process, and won't sign the document to allow for assignment of PR to my sister. What do we do to start Probate?
answered on Feb 27, 2023
You can start the probate process at any time. When someone dies without a will, they die "intestate." This means that any of the decedent's assets will go through the probate processes and administered by the probate judge. The judge will use state statutes to decide on the... Read more »
I went into foreclosure due to divorce in 2020 my house was sold and I recieved a release of mortgage(from the VP of my mortgage company signed by a notary public) and an account paid in full letter only to find out I had a deficiency on the balance. My mortgage company admitted years later they... Read more »
answered on Feb 27, 2023
The discharge, if done in error, does not change the status of your loan deficiency. However, the mortgage lender would need to file a notice with the Registrar of Deeds that the discharge was not effective. If you need more information, see ProvenResource.com.
I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »
answered on Jan 24, 2023
The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »
Currently, the general contractor on my residential project is filing an invalid lien on my property but he is not licensed. The subcontractor who performed the work is licensed but he is not filing the lien. Can he do this?
answered on Jan 11, 2023
No. The contractor must be a licensed contractor to file a lien. The lien would be unenforceable. The contractor cannot enforce the lien in a court action.
See more at: www.provenresource.com
Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... Read more »
answered on Jan 6, 2023
What was the agreement with the person or entity that gave you the monies? If the business never took off but you did work to get the business moving forward, was there any agreement concerning compensation to get the business off the ground? More information would be needed. See more at... Read more »
He bought it after they separated. She was not on the deed now the mortgage. He wants to sell it for the balance owed because he was incarserated.
answered on Dec 14, 2022
It sounds as if you may be concerned about the spouse's dower rights. Dower has been recognized as one of several legal protections provided to women. This was so that she would not be alienated from her primary residence. However, in 2017, Michigan ended dower. So it will depend when the... Read more »
I'm sorry he *has* an incorrectly recorded ledger.
answered on Dec 12, 2022
If you contest your payment ledger / payment history, you may be able to bring an action for an accounting, challenging the pay history. Feel free to see more at www.provenresource.com
that I now own!
answered on Oct 29, 2022
First thing you will need to do is to go down to the township and visit the planning or building department to determine how the permits were issued. See ProvenResource.com for more information.
He will not sign the refinance papers he won't sign a quick deed is there any recourse for me
answered on Oct 29, 2022
If he failes to endorse the deed, you may have to bring legal action. Your question begs for more questions. Was this your 'mother's"home initially? Are you a personal representative of the estate? Was a probate even filed? If not a probate, could this be a partition action? So... Read more »
I am a novice real estate investor. The stated closing date in the purchase agreement was October 3rd. The house had a broken front window. I had an addendum stating the window would be fix by closing. The window wasn’t fixed until October 14th. I told the agent that I wanted to close on November... Read more »
answered on Oct 18, 2022
You may have an action against the seller if the addendum is detailed and signed by both parties. If the window repair is required and they failed perform, then it seems that they are breaching the contract. Still, A real estate attorney would need to review your purchase offer before pressing your... Read more »
No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years
The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... Read more »
answered on Oct 3, 2022
We would have to first see the deed to the MI home. Secondly, a probate can be opened in MI when real estate of a decedent is located here. It is preferable to open probate however where the decedent was domiciled. www.provenresource.com
There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.
answered on Sep 6, 2022
It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.
We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... Read more »
answered on Sep 5, 2022
A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... Read more »
What do I do I pay the taxes up
answered on Sep 5, 2022
You can go to 400 Monroe St. and pay the property taxes for your neighbor using the regular home address. This however, does not entitle you to own the property. If you wish to obtain the property, you will need to reach out to the person handling the estate of your neighbor, and purchase the... Read more »
Probate court is currently open, which doc would we need to send to the deeds office?
answered on Aug 29, 2022
Real estate and probate matters very frequently intersect. You need to first confirm that you have authority from the court to transfer or convey real estate out of an estate. If you do, then the personal representative has authority to create a deed during the pendency of a probate estate... Read more »
They found a descendant of the original land owner and they are willing to negotiate. Our grandparents have always said they owned the land, did all the upkeep, paid all of the taxes, and everything that comes with it. Is there any documentation I should be looking for? Is there a way to prove it... Read more »
answered on Sep 5, 2022
If the property was never titled in your grandparent's name, then unless they had a purchase agreement with the owners, or a lease option or a land contract, then you should take the opportunity to negotiate the purchase with the rightful owners. See more at www.provenresource.com
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