Alpena, MI asked in Real Estate Law for Michigan

Q: My brother is a co signer on my home and since my other passed he has gone crazy he will not help me save my hous

He will not sign the refinance papers he won't sign a quick deed is there any recourse for me

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

A: Your question is missing some facts that are important. I assume 'Scott' is your brother.

The 'missing' facts are:

Is your brother a co-signer on the loan or a co-owner of the house?

If he's a co-owner, is he a tenant in common or a joint tenant with rights of survivorship?

There is no such thing as a 'quick deed' (I assume you mean quit claim deed) but that may not be the only way to proceed depending on the answers to the above.

Seek a local licensed attorney who practices real estate law, and get the details fleshed out so you can have a real answer to your questions.

There is no way to really answer this without looking at the documents (Deed and mortgage) so be sure to bring those along when you meet with an attorney. Good luck.

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

A: If he failes to endorse the deed, you may have to bring legal action. Your question begs for more questions. Was this your 'mother's"home initially? Are you a personal representative of the estate? Was a probate even filed? If not a probate, could this be a partition action? So you see, real estate attorneys like myself would need more information to assist you. See PROVENRESOURCE.COM for more information.

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