Hartland, MI asked in Real Estate Law for Michigan

Q: Sold house and property in 2017. Found that the purchase agreement only listed one of two parcels.

Second parcel is only in my late husband's name. No property taxes have been paid by me or buyers on second property since purchase agreement. Purchasers are now selling property. Agents want me to sign a quick release deed. Should I sign it? I think I still own the parcel.

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2 Lawyer Answers
Anthony M. Avery
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A: Whatever Deed was executed and delivered in 2017 will control as to what was actually conveyed. The former purchasers can probably sue you for breach of contract for not conveying the agreed upon parcels. That buyer may be able to also sue to reform the Deed, but it is up to him to pursue you and time is running. Hire a competent local attorney to search the title and tell you when the SOL's run. The taxes will start to be very important about now.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: If nobody has paid taxes in over 3 years, it is very likely that the STATE now owns the land. If the deed and the purchase agreement don't co-incide, you may be in trouble for failing to convey the property properly, but in ANY event YOU do not own the property if it was in your husband's name alone and he has passed.

His ESTATE may have an interest, but that too is problematic if the taxes have been unpaid.

You need to consult with a local attorney ASAP with copies of ALL the documents including your husband's death certificate and all the deeds and offer to purchase and the closing package when you sold the land.

Don't try to DIY this -- it is a complicated fact situation and needs professional review.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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