Livonia, MI asked in Real Estate Law for Michigan

Q: How do I file default claim on a jointly owned property in the state of Michigan?

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?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Howell, MI
  • Licensed in Michigan

A: You would likely need to file a ‘quiet title’ action with the circuit court in the county where the land is located but that may or may not be possible and also may or may not be the only method available.

I’d urge you to bring all the facts and the documents (particularly the deed naming this person) to a local real estate attorney to review and provide other options.

You need real legal advice to determine your next best step!

David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: 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

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