Yes, you could - subject to some caveats - move assets to a trust after taking a loan on the asset. By taking a loan on the asset, I'm guessing you mean you've borrowed money that is secured by a lien on the asset.

The most common situation where this comes up is where a person... View More

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answered on Jul 3, 2024

Owner will probably refuse to convey to you as the oral promise violates the Statute of Frauds. Hopefully you have some sort of memorandum signed by owner. Consult with a MI attorney to draft a deed and attempt to tender the money for the deed.

You probably need to file a 30-day notice to quit, then an eviction action. He is a month-to-month tenant. The court is correct that when it comes to land, a verbal agreement is worth the paper it's printed on.

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answered on Jun 27, 2024

Seller can convey to who he wants. But get a MI attorney to search the title and draft the Deed.

You don't have many options regarding her staying in the house. The bank now owns it and would be responsible for her eviction at the appropriate time (e.g. expiration of redemption period).

Not quite sure what your question is, however, in general there is a redemption period for most foreclosure sales - meaning that the homeowner is given a specified time after the foreclosure sale to still pay off the mortgage lender and retain ownership of the home. This is called the redemption... View More

There are multiple foreclosure defense lawyers in Michigan. I suggest you request a consultation to discuss your legal issue.

This is FAR more detailed and complicated than can be properly dealt with in a public forum like this.

At a minimum, your attorney will need to see all the written documents (like that 1099 and discharge of mortgage) and look at the documents recorded with the register of deeds.... View More

The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... View More

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... View More

You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for... View More

If the lot is included in the HOA and the HOA properly recorded that fact and the HOA still exists, you're likely 'out of luck'. If you didn't want to be part of a HOA you shouldn't have bought the property. Now, as a MEMBER of the HOA you can probably take steps to... View More

Get a lawyer as soon as possible regarding the house auction. There should be a court file number, and documents may indicate a lawyer who represents the bondsman, whom you should contact regarding payment.

As to the car, it's likely as part of the bond contract, you signed over title... View More

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answered on Jul 28, 2022

If you only have a Contract for a Deed, then it is a Lease with Option to Purchase. No Foreclosure is involved, but usually an Eviction proceeding and they keep your paid rent. Hire a competent MI attorney quickly to fight loss of possession, and possibly make a claim in Equity or Breach of... View More

I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.

By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set... View More

You have two issues: foreclosure and eviction. The foreclosure may well be a lost cause at this point. I'm unsure anyone has a right to a modification. The notice requirement is satisfied when sent by court rule or statute.

Quite frankly, the best use of your time, money, and energy at... View More

An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... View More

You would need to contact your lawyer to advise you on what your storage contracts say, and your legal rights and obligations here. You do not want to errant, and caught in the middle here between the repo company and the estate.

Ordinarily, though, there should be some court orders... View More

A quit claim deed from her is likely the best option but before you decide what to do you’d be well advised to consult with a local licensed attorney to insure that you don’t End up with larger issues.

If she quit claims it she will have no obligations to answer your specific question... View More