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... 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.
He has quit claim deed to his property and lives 4 properties down from me.I have a warranty deed,clear title and an easement splits my property.A private road easement is 3/4 mile long and splits numerous properties.My neighbor is sueing me for quiet title and prescriptive easement so his clouded... Read more »
Quieting a claim to title is a legal action and challenge that needs to be answered with solid supporting documentation. You should have a real estate attorney review your title work, deeds and related surveys. Your issue with your neighbor would need to be adjudicated by a court. The... Read more »
1932 2 men purchased property and obtained a warranty deed.1953 1 of the men and his wife sell his half of the property to the other man and his wife via quit claim.They never quit claimed the wife's names,is that legal?Then months later the man and wife sold both halves to another couple.Is... Read more »
While you have done an excellent job of describing the past conveyance history of this property, I would still want to review the title abstract before rendering an opinion. Stating the type of deed used for conveyance is not the same as showing how title held. Go to www.provenresource.com to... Read more »
Will she have to continue to pay her monthly rent? She pays her utilities and water, also. She lives in a high area of properties that are selling at an astronomical price. Will she need proof of a deed that the house is in bankruptcy?
When a tenan't landlord file's bankruptcy, the tenant still need to abide by the property lease terms. The bankruptcy is not the tenant's concern for non payment, unless the landlord is not complying with the provisions of the lease.
No 339762 and 339808 in Oakland Circuit Court. Do the current owners have any rights to use Walled Lake and do they have a right to have a dock? Is there an appeal?
What exactly are you trying to accomplish here? Who are your clients? Could you elaborate more on your inquiry please?
She signed all the same ppwk as my mom. Is there any way we can get her name on the deed now so she can refinance? The deed company wont do anything.
I am not clear who you are referring to when you state "the deed company," but in general, a real estate attorney would need to know if your mother had a will or trust when she passed. Additionally, we would need to see the deed.
While I can't be certain at this time, it... Read more »
Isnt that a conflict of interest?
If your brother discloses his business relationship to the heirs of the estate and they sign off on that., it should not be a problem. On a more practical note, one would think that if he was using his license to sell the property, he would be doing so to save the estate from paying high... Read more »
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,... Read more »
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