I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... Read more »
answered on May 26, 2023
Your legal rights against the seller's breach will depend on what the provisions in the purchase agreement say as to the available legal 'remedies" that you have against the seller. A poor purchase agreement may only require that the seller return your earnest money deposit to you... Read more »
I belong to a bow club that owns 120 Acres. There are 16 plus partners that have all privileges. Myself, my son and one other member own 54.4% and pay 54.4% of the taxes.
answered on May 17, 2023
I assume the partnership is incorporated under Michigan law?
How is the property titled? In the name of individuals or the name of the partnership?
What does the partnership agreement say about selling assets?
Does it require a simple majority or a super-majority?... Read more »
Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... Read more »
answered on May 9, 2023
Being on the mortgage and being on a deed are two different things. If your name is on the deed, then I think you can be reasonably assured of not losing the home to your sister.
As to the mortgage itself, if your name is already on the mortgage, I'm not sure there is anything you need... Read more »
Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... Read more »
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answered on May 9, 2023
I do not necessarily disagree with attorney Geers, who is licensed in your state (where I am not), but your question has two aspects. I think (1) there's a distinction between being a borrower (on the note) and being an owner (and necessarily on the mortgage), and (2) whether your sister has... Read more »
New house owned 36 years. I do not recall any deed information.
answered on May 9, 2023
If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate... Read more »
answered on May 5, 2023
Not sure what you mean by "without affecting mortgage." It's not clear why it would matter to your mortgage whose names are on your bank accounts. In most cases a mortgage lender has no requirements of someone maintaining specific bank accounts while the mortgage is outstanding,... Read more »
My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... Read more »
answered on Apr 16, 2023
Generally speaking, the owner of the easement is responsible for keeping the easement in good condition. The owner of the dominant estate is the one who has an easement over another landowner's land. The proprietor of the servient estate is a landowner whose property is traversed by an... Read more »
My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... Read more »
answered on Apr 16, 2023
The SHORT answer is that the owner of the land cannot put anything on the easement that would impair the use of the easement by the other party.
So. plant grass? Sure.
Put gravel down to improve the access? Absolutely.
Put in a fence or building that prevents using the... Read more »
We have maintained the HOA property adjacent to us for over 30 yrs. By-laws don't mention the sale/purchase of hoa property but amendments must pass by 2/3 vote. If a vote was passed to allow purchase, WHAT ARE THE NEXT STEPS FOR US TO PURCHASE THE PROPERTY. The board has asked us to find... Read more »
answered on Mar 29, 2023
Want to buy it as in 'and remove it from the HoA'?
Want to buy it and keep it IN the HoA?
Want to fraudulently report it as 'not a sale' so the HoA doesn't have to pay capital gains tax?
While the last one is 'shady and likely to end you up in... Read more »
Mother in law gifted wife a property on 2020, 10 acres. MIL wanted it only in wife's name, which we agreed to at the time to avoid conflict.(we have been married since 2009) . We are finally building on it, and wife and I want to make the property a tenants by entirety, with both our names. I... Read more »
answered on Mar 26, 2023
Some of this depends on what the deed to your wife says. If it's a generalized quit claim or warranty deed giving your wife full property rights, then she can now deed it to herself and you as joint tenants by the entireties.
The difference between tenants by the entirety and tenants... Read more »
Mother in law gifted wife a property on 2020, 10 acres. MIL wanted it only in wife's name, which we agreed to at the time to avoid conflict.(we have been married since 2009) . We are finally building on it, and wife and I want to make the property a tenants by entirety, with both our names. I... Read more »
answered on Mar 27, 2023
To create a joint tenancy the parties must hold an undivided right to possession and have equal ownership interests. Joint tenants must acquire their interest at the same time and they must acquire their interest by the same instrument of conveyance (deed). Our real estate law is rooted in... Read more »
My brother states he receives not only the physical home and land from my mother but all personal property inside the he as well. One clean swoop. Is this true? The personal items are worth as much as the physical property . Michigan. Warranty deed. Thank you
answered on Mar 22, 2023
Generally, a warranty deed is a form of deed that provides an unlimited warranty of title. The grantor guarantees that tthey have good and marketable title to a subject property. It is important to know that the warranty is not limited to the time that the current owner owned the property. It... Read more »
Their mother had put their names on the title many years ago. She controlled the house, paid all the expenses, taxes, insurance, etc. She would never have been forced out of the house by her children. When she died, the house was left to her son and daughter, and it was sold two months later.... Read more »
answered on Mar 17, 2023
That depends on HOW 'their names were on it'. Did your mother in law have a lady-bird deed prepared or did she do a simple quit claim deed to 'avoid probate'? (SO many bad decisions are made to 'avoid probate'!)
Take all the documents to a local real estate... Read more »
I have an office suite for my company that has become increasingly unlivable, piles of dead bugs, bug feces, flying ant infestation, ant traps everywhere full of dead ants, extremely cold temperatures (59 f) on occasion, and office landlord does not fix the problem. Is there a way out of my... Read more »
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answered on Mar 15, 2023
Have you contacted the landlord about these conditions, and assuming so, what does he say? Nobody here can say for sure without seeing your lease, but very often, with commercial leases, the tenant is responsible for some of the things you're complaining about. You should speak with the... Read more »
I have an office suite for my company that has become increasingly unlivable, piles of dead bugs, bug feces, flying ant infestation, ant traps everywhere full of dead ants, extremely cold temperatures (59 f) on occasion, and office landlord does not fix the problem. Is there a way out of my... Read more »
answered on Mar 14, 2023
Without reading your lease it is hard to say.
RESIDENTIAL leases have an implied warranty of habitability, but that is not automatically the case with commercial leases. (Indeed, many say ‘as is’ and if that’s not good enough, tough. )
Get your lease to a local licensed... Read more »
My late parents made me trustee and requested (in writing) that my siblings and I hold onto their farmland for 5 years before selling. But I saw a question on the IRS 1041 this year asking whether the trust has been in existence for 2 years or longer (and to justify why). Is there a federal or... Read more »
answered on Mar 9, 2023
I absolutely agree with Mr Harris.
And NEITHER complex estate settlement (as the mere existence of a Trust implies) nor tax issues are fertile "DIY" ground.
If there is a car and nothing else or some SIMPLE probate, maybe, but even then, failing to publish appropriately... Read more »
My late parents made me trustee and requested (in writing) that my siblings and I hold onto their farmland for 5 years before selling. But I saw a question on the IRS 1041 this year asking whether the trust has been in existence for 2 years or longer (and to justify why). Is there a federal or... Read more »
answered on Mar 9, 2023
No, a simple trust does not have to be closed within 2 years of the grantor's death. But it appears you may have misread the question on IRS Form 1041. On 2022 IRS Form 1041 page 3, at question 8, it asks "If the decedent’s estate has been open for more than 2 years, attach an... Read more »
I believe there’s a law in Michigan that the condo association has the post that there is lad, our mold in the buildings in the common area
answered on Mar 4, 2023
I believe you’re confusing rental property and condos. They are NOT the same thing, and the rules are distinct.
While there are FEDERAL rules about the disclosure of *LEAD* in both rentals and sales, there are no federal or state rules in Michigan about mold. For either condos or rental... Read more »
How do we transfer ownership to my mom, then her children in the future and avoid probate?
answered on Mar 2, 2023
It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the... Read more »
How do we transfer ownership to my mom, then her children in the future and avoid probate?
answered on Mar 1, 2023
IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she... Read more »
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