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 »
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.
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.
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.
She says to find a house within $65k budget. We did, and there was cash to spare. So she gave us the rest of the money. During the process she kept saying she didn’t want to be part of it because it’s our house and as long as we stay within budget it’s not her business.
How unfortunate. If the intent was to give the money a gift, then generally speaking it will be considered a gift. Absent any documentation to the contrary - any promises or contracts as they relate to real estate must be in writing (Statute of Frauds).
The land contract provisions control however, generally speaking, Michigan law as well as federal law has certain restrictions concerning land contracts and pre-payment. Have a competent real estate attorney review your contract.
To give a legal opinion would require that a real estate attorney review the survey and review your purchase transaction documentation. That is how you would start this inquiry. FYI - while I like 'Google" I don't believe that Google Earth is a reliable source. Only a competent real estate...Read more »
Contracted to sell for over $20,000... offer accepted at 16,000... house caught fire due to weather. Buyer dropped price to $4000. Agent is broker for us and buyer. 6% comission and 3% comission was in writing.. however, that would've been only like $240.. being charged $500 which was not... Read more »
Sometimes in the property listing agreement it will say the commission or fee is "x amount, but never less than $500." Without seeing your documents, this is my impression of why the fee is what it is. If you need more information, go to www.provenresource.com
We are in a contract to purchase a bank owned auction property. We had to put down a 5% buyer premium on the house. The house appraised for $10,000 under our winning bid. If the bank is not willing to let go for the appraised price and we have to walk away are we able to get our 5% buyer's premium... Read more »
When dealing with a private property auction company be prepared to engage with a more complicated sales contract. They are very often "boiler-plate" and favorable to the seller. From the facts as presented, the contract provisions will prevail. Usually, there is very little room for refunds. A...Read more »
My mother is trying to sell their home after my fathers death. Currently, I have a copy of the deed and the ONLY name that is one the deed is “his name., a married person.” My dad did not have a Will or any other legal documents at the time of his death. My mom wants to add her name to the deed... Read more »
Unless the deed states your Mother's name, (He doesn't state who his wife is in your facts) then it seems that she or someone in your family will have to go to probate court and ask to be assigned as a personal representative. This is more common than you think. Please visit www.Provenrsource.com...Read more »
I use electric company A ever since I moved into the apartment and was required to get it in my name. Now, 4 months into living here I get contacted by the company saying they paid a bill from company B and want me to pay them back. I have never used company B, didn't sign up or anything. Why would... Read more »
Sounds strange. I would want to see the invoices first before paying for the alleged invoices. I am not sure how two different utility companies can service your one residence unless one provides the gas and the other provides electric. Trust but verify.
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