We are facing foreclosure, so we applied for a modification & our servicer put the proceedings on hold with their attorneys while a a decision is made. Saturday, my online account showed there was a decision made, but the mod Dept says there hasn't been any decision. I contacted the attorney firm... Read more »
With the current pandemic, if your loan is an FHA or FNMA loan, there is an adjournment of foreclosures for 60 days right now. If the virus still lingers, then I speculate that further mortgage foreclosure relief will be coming. Nothing can happen in the foreclosure process and the lender will... Read more »
When it comes to deeds, there has to be an agreement by the Grantee to take delivery. If the Grantee does not want to take delivery of a property, then there is no conveyance. However, Grantors do not have to ask an intended Grantee if they want to be named on the deed with another party. There... Read more »
Withhold my deposit if they never renewed my lease and redid a new checklist
The importance of a move- in check list cannot be stressed enough. However if there is no move in check list, then the landlord has the same issue as you do - attesting to the former condition of a home. So if there is a dispute as to the move-out condition, it's your word against theirs.
I had to sign the NDA prior to getting the complete full listing of the Commercial Retail space. After that, I then initialed the Purchasers agreement, and the Broker told me that I had two weeks after acceptance from the Seller to back out or terminate the deal then I could. Well I haven't... Read more »
It depends on what the Non -Disclosure Agreements says. Usually in a commercial brokerage agreement there will be some provision dealing with Non-Circumvention of the broker.
Once listings or buyers agreements are endorsed with a broker, the signor may be obligated for a sales commission... Read more »
I was quit claim deeded 1/2 a house/land when my step dad died. He also made provision for his gf to live there one year after he died. The house is now vacant but I believe she moved out long ago and my 1/2 sister, the other owner chose not to have her attorney notify mine that the house was... Read more »
If you have a half interest in a home as tenants in common with another owner, you can sell your interest without the other owner's permission. You can also file a partition action that requests that the court to order that the home be sold and the sales proceeds, split in accordance with your... Read more »
My father had verbal easement from them and he is dead they don't know my brother or myself so we are screwed I think. Is it possible being they gave them permission in past
There is no such thing as a 'verbal easement." This is pursuant to a long standing legal doctrine known as the "Statute of Frauds." The Statute of Frauds requires that agreements related to real estate are reduced to writing in order to prevent fraud. Therefore all contracts related to the sale... Read more »
My son inherited my ex-husband's house after his death. My son is three hours away at college, so we (myself and husband) have been responsible for cleaning the house out. The house sold, and the new owners will take possession in couple of weeks. We've had an estate sale, and now have listings... Read more »
Generally, purchase agreements require that a home be vacated by the seller before a closing. That would include the seller's personal property. Buyers should perform a 'final walk through" of a home before a closing to ensure that the home is in the same condition that it was at the time of the... Read more »
What documents do I need, and where do I go to get the transfer done?
A copy of the recorded deed should be sufficient if it states that you and your former husband owned the property as "husband and wife" or "jointly with rights of survivorship." If this 'magic language' is not contained in the deed, then you will need to consult with an attorney to probate the... Read more »
I own a condo I am trying to sell. The property management company is showing a negative budget which is holding up the sale. Do I have any legal standing?
No, sorry, but you don't. The buyer of your property has the right under Michigan law to review the association's financial status and by-laws. If they are unhappy with the association's records, they can walk away. Otherwise, absent any other outstanding sale contingencies, the buyer should... Read more »
Her husband has been out of work and ubering, to try and make enough cash, but they haven't been able to catch up on the rent, though they keep making payments
I am sorry for your circumstances, however, if you are behind on payments, the landlord does have the right to ask the court to evict you and your family. I would contact your landlord and see if he will take partial payments. Bankruptcy can be another option however. That would stop an... Read more »
The notice is from a law office and they are also offering to by back the key to leave a month after the 10 day notice to vacate. I’m confused and I just want enough time to move all of my belongings
Get in touch with the entity that is offering you $$ for the key. Make sure that it is not a scam and that they are authorized to act on behalf of you lender. The fact that there is a 10 day period from date of the writ being issued is important - so make sure you confirm with lender's attorney if... Read more »
I am the seller. A prospective buyer made a very low offer. As an incentive for me to accept this low bid, he is acting as his own agent (since he has worked as a real estate agent in the past) and is foregoing a commission. (However, he did use my agent’s office’s forms to present the offer!)... Read more »
It is purely customary. The parties can negotiate who will pay for any fees or expenses as they relate to your real estate closing.
I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered this 2... Read more »
If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.
Good luck,
www.provenresource.com
Yes. There is no legal requirement that you need to be a licensed real estate agent in order to use the term "real estate" in your company name. There are other restrictions against non agents, but this is not one of them.
www.provenresource.com
We were notified about default/intent to foreclose. Notice was published in paper with sale date for March 2019. We applied for modification and during this sale was postponed until May 16th. Foreclosure proceeding were stopped while reviewing but we were denied. We appealed denial. Were they... Read more »
The lender's attorney only has to file an adjournment of the sale with the County. They do not have to restart the publication from the beginning. Based upon your narrative, it seems that the attorney continued with a weekly adjournment of the sale while your appeal was pending.
I'm attempting to refinance the mortgage on a jointly owned property and the party whose name is on the bank note and deed has left the state and I'm unable to locate them to have a quit claim signed. Is there a default process in place in the state of Michigan?
You would need to file a quiet title action absent any cooperation from the joint owner. However, if they are not willing to refinance the property, then a judge will be hard pressed to order them to endorse a deed. For more on quiet title actions, see www.provenresource.com
After providing evidence of damage and costs, i withheld part of the security deposit. The former tenants are now threatening to sue and and their lawyer says I owe twice their security deposit and attorney fees because of my mistake.
Michigan law is clear that If your tenant objects to the final repairs that you cite in the move-out, and plan to keep the security deposit to pay for the repairs, you will definitely need to file a timely action with the court. If not, you will be liable to the tenant for twice the amount of the... Read more »
You personally cannot legally rent the home during the probate, however, if the estate owns the home and if you are the appointed personal representative of the estate, then if the Letter of Authority from the probate court gives you the power, then you may do so.
They gave me 30 day notice but no forwarding address. What are my options of returning there deposit back?
Michigan law is clear that the tenant must give notice of a forwarding address if they wish to have their security deposit returned. However, you may have rights to this money for damages because of the early termination breach. You need to consult directly with a real estate attorney and provide... Read more »
I movedout of the apartment in Lansing in Jan 2019 breaking the lease. As per lease agreement, I keep paying rent until the leasing office leased it to someone else. They leased to another rentee in Match 11 2019. I had paid rent of March and I was told over phone that if some one takes over the... Read more »
You can only file an action pursuant to Michigan's Landlord -Tenant Relationship Act in Michigan. The lease and the defendant landlord require venue in District court.
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