Dearborn, MI asked in Real Estate Law for Michigan

Q: I been staying in this house for 10 years now the mortgage company trying to come take it back

My mother in law gave it to me and my wife I remodel the house etc all she said is that she was in bankruptcy and all we had to do is pay taxes and which I did

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

A: "Bankruptcy" doesn't mean what you appear to think it does. If the house were indeed 'in bankruptcy' that wouldn't necessarily impact the mortgage. Without seeing ALL the paperwork it is impossible to say what is going on and how you may be impacted, but your mother-in-law may not have had the authority to 'give' you anything on any terms.

PLEASE take all the paperwork including any deed you may have received from your mother in law and the mortgage as well as any other recorded liens (ALL this is public record in the register of deeds for the county in which the land is located -- if you don't already have it you can get it from them for $1 per page) to a local licensed real estate attorney to review. The Bankruptcy filing papers would also be useful if you can get those from mother in law.

Good luck but this is not an 'easy' situation!

-- 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

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

A: Generally speaking, an underlying mortgage does not simply go away when a homeowner files for bankruptcy. So if your seller / mother 'gave' you the home, it sounds as if it still subject to the underlying mortgage provisions, even if your mother was absolved from paying on the promissory note. The mortgage remains. I recommend that you consult further with a real estate attorney to assist you with negotiating some new terms with your mother's bank. See www.Provenresource.com for further information.

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