I'm attempting to refinance the mortgage on a jointly owned property and the party whose name is on the bank note and deed has left the state and I'm unable to locate them to have a quit claim signed. Is there a default process in place in the state of Michigan?
You would likely need to file a ‘quiet title’ action with the circuit court in the county where the land is located but that may or may not be possible and also may or may not be the only method available.
I’d urge you to bring all the facts and the documents (particularly the deed... Read more »
And what is that question?
Being sued in civil court over a land easement issue. Land Division Act 288 issue, my easement was being blocked. Plaintiff's attorney claimed our 50 foot wide easement was for walking only . Land Division Act 288 says all parcels of land must have vehicular access. Anyway, The judge kept... Read more »
You must demand a jury within 28 days of filing your answer (MCR 2.508). I don't know where "months before trial" puts your demand relative to that deadline. If your request came after those 28 days, then you waived your right to a jury trial and will have a bench trial.
There was extensive remodeling without permits and was issued a stop work order and never mentioned these issues.
Without seeing the offer to purchase it is hard to know what you can do or even how to proceed for that matter. It sounds like you have already closed, but many of the conditions of an offer survive the closing if done properly and it is often your best avenue to proceed with.
I'd strongly... Read more »
Yes -- but there needs to be a personal representative appointed who can act for the estate to enter into the lease if that hasn't been done already.
PLEASE don't try to figure this out without the guidance of a local probate / landlord-tenant attorney to insure the lease is proper and... Read more »
Do we used a quit claim deed from Florida or Michigan to convey ownership?
You and your wife would execute a quit-claim deed in a form complying with Florida requirements, because the deed would be recorded with the county register of deeds in Florida.
They gave me 30 day notice but no forwarding address. What are my options of returning there deposit back?
The law is pretty specific that if the tenants do not provide a forwarding address within 4 days of moving out you are not required to provide them written documentation about the security deposit, but you SHOULD still go through the steps,
Talk with a local attorney to insure you do this... Read more »
I have a one year lease at the Michigan senior living apartment complex (Carrington Place - Farmington Hills) and plan to move to the same type of senior place in California. I believe there is a law for seniors that you can break a lease with no penalty but want to be certain. Thank you!
Probably not. MCL §554.601a, provides that tenants who have occupied their rental unit for more than 13 months may terminate the lease by a 60-day written notice if the tenant (age 62 or greater) has become eligible for subsidized senior citizen housing, or because the tenant is incapable of... Read more »
He has quit claim deed to his property and lives 4 properties down from me.I have a warranty deed,clear title and an easement splits my property.A private road easement is 3/4 mile long and splits numerous properties.My neighbor is sueing me for quiet title and prescriptive easement so his clouded... Read more »
Quieting a claim to title is a legal action and challenge that needs to be answered with solid supporting documentation. You should have a real estate attorney review your title work, deeds and related surveys. Your issue with your neighbor would need to be adjudicated by a court. The court's... Read more »
1932 2 men purchased property and obtained a warranty deed.1953 1 of the men and his wife sell his half of the property to the other man and his wife via quit claim.They never quit claimed the wife's names,is that legal?Then months later the man and wife sold both halves to another couple.Is that... Read more »
While you have done an excellent job of describing the past conveyance history of this property, I would still want to review the title abstract before rendering an opinion. Stating the type of deed used for conveyance is not the same as showing how title held. Go to www.provenresource.com to... Read more »
Will she have to continue to pay her monthly rent? She pays her utilities and water, also. She lives in a high area of properties that are selling at an astronomical price. Will she need proof of a deed that the house is in bankruptcy?
The landlord's bankruptcy does not terminate your daughter's obligations under the lease.
No 339762 and 339808 in Oakland Circuit Court. Do the current owners have any rights to use Walled Lake and do they have a right to have a dock? Is there an appeal?
What exactly are you trying to accomplish here? Who are your clients? Could you elaborate more on your inquiry please?
She signed all the same ppwk as my mom. Is there any way we can get her name on the deed now so she can refinance? The deed company wont do anything.
I am not clear who you are referring to when you state "the deed company," but in general, a real estate attorney would need to know if your mother had a will or trust when she passed. Additionally, we would need to see the deed.
While I can't be certain at this time, it sounds as if you... Read more »
Isnt that a conflict of interest?
If your brother discloses his business relationship to the heirs of the estate and they sign off on that., it should not be a problem. On a more practical note, one would think that if he was using his license to sell the property, he would be doing so to save the estate from paying high... Read more »
It's been 6 weeks. Can I buy my own internet and deduct it?
Unlikely. You do have Internet access - not exactly blazing fast Internet. You can buy your own, but it would be on your own dime. Unless the landlord made some affirmative assurances about the Internet (i.e. "always on", or a certain speed), there's not much that can be done.
All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many things like... Read more »
You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.
As to the merits of your case, you would probably need to have good proof that the... Read more »
The seller agreed to all terms, contingency money is paid, 2 weeks before closing they decided they no longer needed to sell their home(long story).
What do i do now?
Without seeing the terms of the offer it is hard to say what you can or should do. Possible remedies range from getting your deposit back and declaring the deal ‘dead’ to forcing the sale, or something in between.
You need to consult with a local attorney in the area where the house is... Read more »
In Michigan, the state requires that a property management company be owned and operated by at least one person who is licensed as a real estate broker. To the extent that you can operate such a company and also be licensed with your current broker is a determination that can be made between the... Read more »
Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.
Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.
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