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... Read more »
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... Read 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?
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... Read more »
They gave me a bill of sale after I paid for it and told me to get an abandoned title from secretary of state the previous owner passed away but they have a son who said he couldn't find the title
So in essence they sold you something they didn't own ....
Under what authority would YOU have to apply for a lost title? That sounds like something the HEIRS of the previous owner could do, and if the park took an assignment from those heirs something IT might be able to do, but the... Read more »
I’ve moved my furniture out of the place, returned my keys, and have started the process of returning my deposit. Is there a written agreement in Michigan specifically that is required?
A lease is a contract. Generally, the parties are bound by the provisions of a signed lease. Turning in the keys is a unilateral step only. Without the landlord's release, you would still be obligated on the contract.
Yes, but you don’t ‘obtain’ it, you file it with the state’s corporation bureau.
The form is pretty self explanatory, but if you’re going to be renting property in Michigan it makes sense to hire and retain a lawyer in the area of that property to insure you comply with... Read more »
June. We are considered over occupancy where we are now. What do we do?
Without seeing the purchase agreement it is hard to say. When was there supposed to be occupancy? At closing? Within c days of closing? Etc.
Also ‘over occupancy’ is not a term used in Michigan law. What do you mean? You’re ‘holding over’ on a previous lease? Oat one month rent... Read more »
if one of us dies, does the property have to go through probate court?
Holding title to a property as "husband and wife" is another way of holding title jointly with the rights of survivorship.
Generally speaking, when one spouse passes, the other will take title to the property immediatey. This all happens without having to go through probate.
I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... Read more »
You can try to record an Affidavit of Suspected Fraud related to the property with the Register of Deeds. It would put anyone who was interested in the property on notice that you have no relationship to the home. Additionally, if you have a credit report, notify the credit reporting agencies that... Read more »
Do I have a right to request termination of lease, before my move in date, if no one is responding to these concerns? I found pests(bedbugs) of what I believe to be an infestation as I was cleaning the unit. I have proof and I’ve contacted the agent and the Property Manager and sent them... Read more »
There's quite a lot of misconception around landlord and tenant laws. The Michigan Landlord Tenant handbook should be easy to find and will have some helpful information in it.
Anytime you break a contract, with a complete defense or not, you're risking retaliation (balance that... Read 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... Read more »
we have signed agreement to sell house. with addendum including appraisal guarantee - that buyer will pay the difference if appraised price is lower than agree-upon price. 2nd addendum includes other concessions like home warranty. all addenda seem to state clearly that they supersede any conflict... Read more »
A purchase agreement can have multiple addendums. With each new addendum, the provisions found in the earlier purchase agreement and or addendums will remain unless they are specifically revoked.
I think we'll need more information to offer an insight.
Depending on the power of the co-op board, it might be able to dictate certain guidelines, there are sometimes 'reasonable' boundaries, but oftentimes what is ever is written in the bylaws controls.
I have a 39 year old son who is currently in Rehab, Multiple drug charges, Who thinks that because his name is on my my home, has never paid a dime, expects me to give him the house for him and his girlfriend and her children, he has already aggressively assaulted my daughter over the girlfriend,... Read more »
You may want to contact Adult Protective Services for referrals to community resources - including attorneys - that might help. You will likely either need to force a sale of the home or get him to agree to have his name removed from the home. I'm not sure what you mean by the restraining... Read more »
By real, you must mean effective. Find out which deed was recorded with the register of deeds. That will provide a partial answer, but we need more information in order to determine the state of title to the property.
Does my spouse have any rights to the house?
This is a far more complicated question than it might appear at first blush, and it depends a great deal on what your intent is.
For example: IF the spouse does nothing at all to maintain the property or contribute towards it (such as making payments on the mortgage or paying taxes or... Read more »
Providing a 'life estate' for someone and a 'remainder interest' for a third party is a pretty common thing, and easily done by a qualified licensed attorney in your area.
This is most assuredly NOT a 'DIY' project though unless you are really willing to have... Read more »
the paper was recorded wrong back in 1997 and the wont sign a addunmet are contract is over this friday.we waited 3months they have to fix the error then everything is good
It is unclear what you are asking, but I gather you are talking about a certificate of affixture of a mobile home? There is a state approved form that should be filed with the register of deeds, and it should have been recorded either before or at the time you bought the land. Did you get the... Read more »
It's difficult to follow exactly what happened from your question. But from a practical standpoint, oftentimes, there are agreements within the purchase agreement or signed during closing that compel both parties to work together to close any gaps discovered after closing. In your case that... Read more »
She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?
If she is holding over after a 'legal' lease (whether or not her name is on anything the facts you present make her a 'legal' tenant on a month to month basis at the very least) you DO need to go through an eviction process if she refuses to move out voluntarily.
That... Read more »
I have the title and loan in my name only.
There is no longer 'dower' under Michigan law so this is possible, but trying to do an 'end run' around a spouse is always dangerous. If there are domestic issues and this leads to divorce, there could be claims made in divorce proceedings that will negatively impact you.... Read more »
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