Battle Creek, MI asked in Contracts and Real Estate Law for Michigan

Q: I found out the lady I’m buying a house from on land contract has two mortgages on the house and now owes more than I do

She has been trying to get me to move out every since my husband passed. She wants me to sighn a new contract that is more money and higher payments because the contract is expired

Related Topics:
1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: Something sounds fishy here. Land contracts don't typically 'expire' -- they mature at some point and you get a deed when the payments are all made.

I STRONGLY urge you to consult with a licensed local attorney familiar with real estate law! SOMETHING doesn't ring true here. Typically, banks won't loan money on houses with an underlying land contract absent some PRETTY stringent underwriting conditions, including the amount of equity the legal owner has vs the equity the equitable owner has so ... this seems odd. Was the land contract or a memo of land contract recorded with the county register of deeds? Do YOU have a copy of the signed document that you can take to be reviewed / recorded if that is appropriate?

Without seeing the documents it is hard to provide any useful advice, but you need to get that done by a local attorney ASAP.

Good luck!

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.