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1. There are 2 defendants (unmarried). Am I able to put both names on the one complaint and summons? how many copies of each “packet” (including summons, complain, notice of quit, no lease because there isn’t one) do you need to send for each
2. Do I need to send the original green... View More
answered on Aug 19, 2022
I would suggest that for your costs and time, it would be most cost effective for you to hire a local attorney to conduct the eviction. The onus is on you as the landlord to meet each procedural and administrative step; a misstep - even unintentional - could delay, or in worst case, cause the... View More
My sister and I are currently the co-owners of a house in Michigan. I am doing a quit claim deed to give her my half of the house. What does the above mean?
answered on Aug 17, 2022
This section provides for tax-exempt transfers of real estate. If your transaction does not meet any of those standards, then you will need to account for taxes to be paid for the transaction.
answered on Aug 13, 2022
I don't know that there is a good 'short' layman's explanation, but the closest I can come to is that if you have a judgment against you, a judgment creditor cannot execute against a piece of property that has a mortgage against it.
In other words, you can't avoid... View More
Is this legal, when they gave me contractor's information? Should the contractor have known what was allow in the HOA since he came at the HOA recommendation? I spoke to HOA told them work was complete before new policy was in place. I did not hear anything until this year with threats, five... View More
answered on Aug 4, 2022
It depends what the HOA has actually done to enforce the new policy. It sounds to me like it would be grandfathered in until typical HOA policies, but perhaps not. Unfortunately, if the HOA is making a bigger deal out of this than they should it might take a costly lawsuit to get the matter... View More
I paid all of the mortgage, taxes, repairs etc. we have no signed contract.
answered on Aug 4, 2022
You're outlining a case that comes with a strong headwind. I am hesitant to say it is definitely barred until more information is divulged. While on the one hand it is certainly true the statute of frauds will inevitably be a defense raise by your uncle, it is not a straightforward case:... View More
I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose
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
The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement
answered on Jul 25, 2022
You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if... View More
answered on Jul 25, 2022
The answer is 'maybe, and then again, maybe not.'
What are the agreed upon delivery terms? Was there to be a 'firm' delivery date? What happens under the terms of your agreement should one party not fulfill the obligations in the agreement?
Without reading the... View More
A vote was taken but not enough owners returned their ballot so it failed.
answered on Jul 25, 2022
You point out yet another reason HOAs are a thing to be avoided.
And while you can 'sue' the chances of success depend a lot on how the by-laws are written, what 'administrative remedies' are needed before a suit can be maintained, and what exactly you're looking... View More
The sellers are now saying they will not leave the hot tub despite the PA agreement they signed. Not sure how to proceed.
answered on Jul 20, 2022
A purchase agreement is a legally binding contract. Generally speaking, If the seller represents that an item will remain at the home after the sale, then they need to leave that item when they close on the home. See more at www.provenresource.com
This house is in town on a small lot in an older neighborhood
answered on Jul 16, 2022
What exactly are you concerned about?
Is the shelter on YOUR property?
Unless it is a ‘hazard’, nothing will ‘happen’. It is as if you ‘discovered’ an additional room.
If it encroaches on a neighbor property there might be an issue.
If you have... View More
We believe there are methane pockets on our 4.9 acres of land. It is not yet verified, but we would like to retain the mineral rights to the property before we sell it.
Our realtor told us it is better to sever the rights while we still own the property and before we have a buyer, or it... View More
answered on Jul 14, 2022
Mineral rights owned by someone other than the surface owner are rights said to be ‘severed.’
There is no 'special' way to do this other than with an appropriate deed, but the process is complex. That said, you do NOT need to do that before you 'sell' the land. The... View More
She has been trying to get me to move out every since my husband passed. She wants me to sighn a new contract that is more money and higher payments because the contract is expired
answered on Jul 7, 2022
Something sounds fishy here. Land contracts don't typically 'expire' -- they mature at some point and you get a deed when the payments are all made.
I STRONGLY urge you to consult with a licensed local attorney familiar with real estate law! SOMETHING doesn't ring true... View More
I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... View More
answered on Jun 30, 2022
We would need to see the trust agreement to determine whether the property reverts to the grantor(s), or whether title vests in the beneficiaries. If the trust is still revocable (because the grantor(s) are alive, the grantors could revoke the trust and own the property as they choose. There is... View More
We were advised by another free legal aid that it has to be entered into their will in order to be binding in a court of law if the next of kin wanted to challenge it. I printed out a Codicil for the seller. Is that sufficient?
answered on Jun 26, 2022
You don't 'enter' a land contract 'into a will'.
And a codicil is usually the 'worst of all possible worlds' to avoid a will challenge.
And finally, preparing a legal document for someone else potentially constitutes the practice of law which, if... View More
After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there... View More
answered on Jun 24, 2022
The answer to this question is: maybe. There are two different issues. The first is the encroachment onto the neighbor's property. The second is the basement work done without proper permits.
As to the first (encroachment issue), the seller would not be liable to you for that unless... View More
answered on Jun 16, 2022
You have not provided enough information for a meaningful response. However, if you have a signed and enforceable land contract, the seller cannot change the terms without your agreement unless the contract provides for the change. You may wish to consult an attorney.
Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... View More
answered on Jun 13, 2022
I concur your best results will be with a local real estate attorney in your corner.
But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did... View More
She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?
answered on Jun 2, 2022
A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"... View More
If yes - How do I determine damages?
answered on May 10, 2022
Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... View More
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