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In the process of buying a home. Trustee passed away after purchase agreement signed. Other trustee alive. Home was given as life estate to the one that passed. Trust stated he could sell and had to share profit with any living trustees. (Sister gets 1/3). Is the purchase agreement still valid?
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answered on Jul 30, 2021
The most likely outcome is the successor trustee is contractually bound to complete the sale of the house and distribute the proceeds in accordance with the terms of the trust.
My landlocked residence has an appurtenant easement to cross adjacent undeveloped property to access the public road. A bridge over a creek is part of the easement path. I am the only private user of the easement. The path and bridge serve only my home. The servient tenement property owner never... View More 
answered on Jul 23, 2021
It appears as if you're looking for legal representation. This forum is for answering general questions rather than specifics, and the NATURE of the easement matters a great deal so no 'general answer' is going to get you what you want. As for case law, again, you need to hire an... View More
A neighbor filed a lis pendens (adverse possession) on my father’s property ‘in 02. The lis pendens ended in a judgement in my father’s favor (got to keep the property, but no improvements could be made to formerly disputed property). The neighbor has died and sold the property. I purchased... View More
answered on Jul 6, 2021
The lid pendins is no longer relevant after the judgment but the JUDGMENT may still be relevant. Without seeing RHC actual judgment and any documents recorded in the chain of title however , it is impossible to know the current state of affairs.
Judgments related to land OFTENZ (but not... View More
answered on Jul 9, 2021
Generally not. Most lease provisions will prohibit using security deposits for the last month's rent. Security deposits are used to offset any damages or other fees owed to the landlord upon the expiration of the lease. However, if you and your landlord agree otherwise, then you should do so.
What does this statement mean exactly in lay terms: ..."for $100,000 subject to easements and building and use restrictions of record and further subject to any encumbrances that have arisen under or through Grantee since September 2019, the date of the land contract pursuant to which this... View More
answered on Jun 25, 2021
This is 'common boiler plate' language for a deed granted after payment in full on a land contract.
It means if the land contract buyer did something during the contract that may have impaired the title, the seller takes no liability for that.
If you don't... View More
answered on Jun 21, 2021
You should have a Michigan attorney draft the deed, and then somehow, your mother will need to sign it before a California notary.
I checked with the county records and there is definitely no HAO for my property. These people got together and just decided it's within their rights to create one. What can I do so I don't end up with issues when I go to sell?
answered on Jun 21, 2021
If you've never signed anything and there is nothing in your chain of title, there is no HOA.
If you've agreed to something then all bets are off however.
Without seeing all the documents however, we're shooting in the dark. You need to consult with a LOCAL real... View More
When I insisted I want to see my actual unit prior to move in, the leasing agent indicated I can’t view the apartment until move in day. I was informed in writing that if the apartment doesn’t need my standards I have the option to decline to move in. But that option will place my family at... View More
answered on Jun 19, 2021
Advice?
Seek a different leasing agent/apartment.
Would you buy a house without looking at it first?
There is nothing LEGALLY requiring someone to show you an apartment before leasing it, but there is nothing LEGALLY requiring YOU to lease it either. If they are unwilling... View More
answered on May 28, 2021
No. But have you tried filing for a debtor's exam with the court? If debtor doesn't show up, you can ask the court for a bench warrant. If they do show up, they must produce information regarding their assets under oath.
Immediately after surveyors left the neighbor appeared in his driveway abruptly and shouted toward my husband and I that “ it will all be moved tomorrow” and “ he isn’t approaching us about it…it will be handled”
What is our next action legally as he has not removed his fence... View More
answered on May 24, 2021
You need to 1) document where the survey stakes are and include in the photo things like how far the fence is from the corners etc, by photographing tape measures along with the features of the land etc.
2) get a copy of the written survey report which ideally will also show these... View More
answered on May 23, 2021
No. Land Contracts are not leases and occupants under a land contract are purchasers, not tenants. In either case, during the pandemic, the court dockets have long delays, so if you can work out a settlement with the other party to resolve your issues, it will benefit both sides.
purchasing an outlot piece of land and they are tying theland purchase to the requirement to purchase a merch credit of 15% of the sale price at closing-- we would never purchase that much of material from them-- seems very shady
answered on May 19, 2021
I’m not sure exactly what they are requesting, but they can ask anything that is not illegal.
You don’t have to agree to the terms requested though.
However — and I can’t emphasize this enough — before you sign an offer to purchase you absolutely should have it reviewed... View More
Friend of mine sold me her house for very little money, and now a year later wants to take it back. I have a signed receipt from her and her ex husband. Will that be enough to stop her from kicking me out?
answered on May 13, 2021
The best receipt for a home sale is a deed. Anything else is suspect and may not evidence the parties intent. See more at www.provenresource.com
I, the buyer, entered into a purchase agreement which stated closing would occur by 4/23. On 4/28, I instructed my realtor to cancel agreement. Seller refuses to sign release and my realtor is suggesting that I offer up a portion of my earnest money deposit to the seller to cover money spent with... View More
answered on May 11, 2021
The answer depends upon whether your realtor is correct is his or her assessment of the issue whether you were within your rights when you claimed to cancel the agreement. You have not provided enough information to permit an assessment of that issue.
My realtor says I was within my right to cancel but also suggests I release all or part of earnest money to seller to make the sellers broker go away. Will I end up paying more if he takes this to court? Closing was to occur by 4/23 and I cancelled on 4/28.
answered on May 4, 2021
Generally "no," the seller's agent has no rights against you directly for commission or any other fees. Their agreement is between the seller only. However, a buyer's agent can bring an action against you for their portion of the commission that buyer agent would have earned... View More
Hello, hopefully I can get some answers as local attorneys i've spoken with have told me I am out of luck. Approximately two years ago I purchased my first home. Last year when I went to replace drywall and flooring I discovered that my home was structurally unsound, even being condemned by... View More
answered on May 1, 2021
Past fire damage is definitely something that a seller should disclose about their home if indeed the seller knew about the past fire damage and that it affected the structural integrity of the property (known structural issues are a line item on the disclosure form).
Under Michigan law,... View More
He says he will take fence down and I have to pay to put one up. This includes 5 other homes on the block. Don't I own the property since I have maintained it? He is just now saying something.
answered on Apr 25, 2021
Unfortunately no. You would need to have 15 years of maintenance to assert an action for adverse possession. The statutory period for acquiescence is also 15 years, and just like adverse possession, the acquiescence of predecessors in title can be tacked in order to establish the 15 year period .... View More
He says something about family heritage and a lawrence treloar who I have never heard of and they need a beneficiary to claim his assets and ect... He said he was a hemp oil business man. Who inherited the business from his mother kate treloar
answered on Apr 23, 2021
If you THINK it’s a scammer it probably is. The best course of action is to ignore it.
This one is a bit craftier than most as it appears they have picked the name of a real barrister from Britain, but if it smells funny you can always ask that they mail you something documenting their... View More
My father recently died and had his previous wills canceled for religious reasons but never redid them. When I went to the bank to inform them that he was deceased, they noticed that I was the beneficiary of the accounts and said that I could finance his balance due for 44K or put a full estate... View More
answered on Apr 21, 2021
Generally the assets of a decedent must be filed and managed through probate, and it would not likely be permissible to buy the house without probate. Without a will there are statutory rules regarding allocation. This is a situation where you should speak with an attorney to avoid unintentionally... View More
he gave me a 24 hour Eviction notice and took all of my property the next day. i was paid until the end of the month and got there in 2 days to save my property but he said he sold everything already! isnt this considered a burglary?
answered on Apr 18, 2021
Burglary— no.
Perhaps a ‘civil conversion’ or improper lien attachment but without seeing the lease and notice it is hard to say for sure. ...
Bring your paperwork to a Genessee County attorney to review ASAP to determine what if anything you can do and how much it will cost... View More
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