I received a phone call from a tenant stating that a leak in a bedroom had started the night before as a result a part of the ceiling fell down due to the excessive raining damaging some of the tenants property. Am I responsible for any property that was damaged of the tenant?
The landlord - tenant relationship has several implied warranties that the state law recognizes. The warranty of habitability requires landlords to keep their property habitable regardless if their are provisions in the lease that require a tenant to make minor repairs. Large repair items such as... Read more »
In Michigan, the state requires that a property management company be owned and operated by at least one person who is licensed as a real estate broker. To the extent that you can operate such a company and also be licensed with your current broker is a determination that can be made between the... Read more »
Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.
He did a quit claim after the closing, but still at the title office. A new deed was transferred to both our names at that time.We received a notice from the county that his quit claim on the deed had been transferred and recorded to reflect both of our names. Recently, we have found... Read more »
Based on the limited facts as presented, it sounds as if sometime in the closing of the mortgage, there may have been another deed drafted replacing what you had initially intended.
The apartment complex completely removed everyone's balconies mid Lease without offering anything in return. I was wondering if we might have a class action lawsuit against our landlord to receive rent reduction or break our leases without penalty.
While it sounds as if the complex was removing the balconies in compliance with the city's building enforcement, there is no harm in requesting a reduction in rent because the balcony was part of the space initially leased. You may have the ability to exit the lease without penalty, however, the... Read more »
Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?
Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?
Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.
If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners' registered... Read more »
I was req'd to fill a Form 1099-A for the Value of the House being more than what was owed. 'looking to send an inquiry to lender seeking funds, even though foreclosed?
First, your rights to challenge the foreclosure or anything related to the foreclosure action have been extinguished when your redemption period expired. Second, you should not have had any tax consequences related to this transaction if the bank received their monies owed at the time of the... Read more »
I have never heard of this attorney that allegedly represented me, I have not gone to court over this matter, but apparently a hearing was held and an attorney seems to have claimed to represent me, and consented to a judgement against me, and agreed on my behalf for me to repay the money. But... Read more »
If you can verify this information, then you could go back into the same court that issued the judgement and motion that the court to set aside the judgement. Usually you have 1 year from the date the judgment was entered.
Myself, two brothers and my sister inherited property when our Dad died. The property is for sale and we cannot agree on a selling price, deadlocked at two votes each. My sister, who has POA claims that she can make the decision without our approval and has continued to lower the price against one... Read more »
She is incorrect. The power of attorney is only good while your father was alive. Upon death, a power of attorney expires. The property must go through supervised probate unless there is a will. On another note, when using a power of attorney in a real estate transaction, the power of attorney... Read more »
If she is on title with you to the home, then there is not much you can do. She does not have to be obligated on the mortgage and still be on title to the home, however, and you should get with your lender for making those arrangements.
Family listed on the quit claim deed has come together in agreement to sell the property. Concern is that the deed was never filed in court.
There is no such thing as joint tenants in common. If the deed was not prepared correctly before a death, it is invalid, regardless if it was filed. Deeds are legal documents that require specific legal la gauge to make proper conveyances of a party's property interest. Failing to have... Read more »
Michigan law presumes that without the "magic legal language" contained in the deed, the co-owners will own the property as tenants in common. This means that either party can sell, lease, or bequeath their interest in the whole, to anyone they please, without the permission of the other co-... Read more »
Generally, yes, as their interest will be subject to the land contract that you and your husband take from your mother.
People devise their property in anticipation death, however, circumstances change and if a person transfers property during their lifetime, (with certain restrictions... Read more »
Your question raises more questions. However, generally speaking, representing multiple parties requires more work, so it will really depend on whether your legal interests are in line with each other or not.
www.ProvenResource.com
I'm in the process of acquiring my parents home. They remortgaged it in 2004. Now I'm being contacted by someone who is threatening me saying that the title company wants the additional plot of land added with the house. Do I have to listen to him or can I just leave it as is? I've been talking... Read more »
If the additional parcel and it's legal description was included in valuation of the property for the mortgage lender, then it should be included in the mortgage and encumbered by the same. If the title company 'missed" this parcel and this description initially, you may still have to correct this... Read more »
You should contact the realtor's broker to register you complaint. That's where you should start. The board of real estate has a grievance procedure as well. If all else fails, you might want to file a complaint with the Michigan's professional licensing division - LARA.
Good luck,... Read more »
Her and father married for 18 + years. The house was refinanced and my fathers name was removed and her son and grandson's name is listed.
The question becomes "HOW" was your step mother's son left the home? What type of interest did he have on the deed? If your father's name is not listed on the property, what liability are your referring to, that he should have any concern about? Contact a real estate attorney who can review... Read more »
There are no forms to quiet title to real estate. A quiet title action is performed by real estate attorneys. To quiet title is to litigate. If you have the time and experience to litigate a matter, and you are a licensed attorney, then you should feel right at home with the courts. Otherwise,... Read more »
Ex-wife won the house and all debt associated in the divorce but there wasn't a timeline to refinance written in the agreement. I know she has been able to defer payments/remodify without my signature but this last Jan/Feb the loan balance increased by $10,000 and she bought a brand new camper.... Read more »
You should not be held responsible for the additional monies that your wife took from the mortgage company after the divorce decree was entered. It is most likely that you will be held responsible for the debt prior to the new advances.
You are missing some facts in between here. How long ago did your father leave the home to you in his will? What happened to the home from the date of death until now that there is a third party now owning the home? Your question begets more questions.
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