A: You may have to pursue a court action to obtain an easement by necessity. Courts may grant this type of easement if the access is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access. Also, an attorney would need to review the recorded easement to see your neighbor is using it in accordance with the original intent of the grant for the easement. The current access you have may be burdensome. However, if this access is recorded or meant to be the access point, you may have difficulty proving an easement by necessity. Like so many legal issues, further investigation into case law by a real estate attorney seems to be more than appropriate here – gleaning internet information is no substitute for competent legal skill, experience and knowledge.

A: The estate can continue to pay the mortgage for a short while after your mother’s death. Federal law allows children and spouses to continue to pay under the mortgage after the mortgagor dies. This is provided that you and your family probate your mother’s estate. You must also remain current with the mortgage, however. If you are not current, then the lender can take steps to protect its interest and then foreclose. So remain current with payment, insurance and property taxes. Then reach out to a qualified attorney to deal with the lending institution to make arrangements the heirs to continue with the mortgage payments.

A: Generally, yes the state can file a lien on a resident’s home where it has a valid claim. You would need to provide further details to address your particular matter,. An attorney would want to know tha nature of the lien, the age of the lien and how it came to be filed against the property.

A: The land contract is an executory contract, and therefore, the estate of the decedent will be bound by the terms of the seller or buyer. When drafting the contract, there should be provisions that state that the contract will be binding on heirs to the decedent. It is unlikely that beneficiaries to the estate will be able to set aside the land contract terms. They, as well as the personal representative of the estate, have the authority to enforce the terms of the contract. Finally, speak with an attorney on the subject of law, not a commissioned sales person whose business it is to sell real estate. The attorney who focuses in the area of real estate law and probate has what it takes to give you solid legal advice on your legal concern. Leave the sales of the home to the sales agent.

A: 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 proper conveyance instrument to suit your mother’s request that includes estate planning issues as mentioned in your question.

A: The reason you record your interest in a property when you are named in a deed (quitclaim or otherwise) is to put the “world on notice” of your interest in the subject property. There is no need to have any further addendum when the instrument is recorded. Deeds that are recorded take priority over all other unrecorded deeds. Deeds themselves are considered a contract. There is a promise to convey between the grantor and grantee, and there is the stated value of consideration for the conveyance, and finally, the property, which is the subject of the conveyance. No external promises , writings or ‘memorandums” can alter a recorded and delivered deed.

A: Based upon your brief narrative, the life estate is extinguished upon the death of the mother. If her children are not included in the will and they are still living in the home, then without a written lease they can be evicted. Their property rights if any, flowed from their mother. Any documents that you have need to be reviewed by a real estate attorney.

A: The closest thing to a statute dealing with the failure to provide a deed upon a land contract payoff is one that relates to requiring a discharge after 60 days. However, a land contract clause will control and so if the deed is not provided to the buyer and the buyer performed as required, then the buyer can maintain an action for a breach of contract claim along with an action for declaratory relief against the seller.

A: If you have a contract then you would have to put the contractor on notice with a demand letter that you intend to sue them for breach of contract. Consult with a real estate or contract attorney to start the process. Sometimes, just a demand letter from a competent attorney will set the matter straight. Otherwise, you may have to escalate it to court.

A: If he fails to endorse the deed, you may have to bring a legal action. Your question begs for more questions. Was this your mother’s home initially? Are you a personal representative of the estate? Was a probate even filed? If not a probate, could this be a partition action? So you see, real estate attorneys like myself would need more information to assist you.

A: When your mortgage balance reaches 78% of the original purchase price — in other words, when your loan-to-value (LTV) ratio falls to 78% — the lender or servicer must immediately work to cancel PMI. This is provided you are current on your mortgage payments and have not missed any payments.

A: We would have to first see the deed to the Michigan home. Secondly, a probate can be opened in Michigan when real estate of a decedent is located here. It is preferable to open a probate, however, where the decedent was domiciled.

A: First, if the land contract seller’s stated balance of the amount due is not accurate in their complaint, then you should have raised the discrepancy at the time of the hearing. The time to do this is not after the judgment is entered. However, while you may be able to go back to the court and set aside the judgment BEFORE the 90 day redemption period expires, it is highly unlikely that you can set aside any judgment after the 90 days run. I hope this helps.

A: First, the title examiner could do a bit more research and do a social security search to verify who the bank’s judgment is against. Another very quick way to get this resolved is to have the bank endorse a certificate of non-attachment. This attestation is most commonly requested when a person with a similar name is confused for the homeowner who is named on a judgment or Notice of Federal Tax Lien. It will help clarify whether the attachment of the lien in question is appropriate for the specific property.

A: When a buyer on land contract satisfies the terms of the agreement, the best evidence of satisfaction and the buyer’s full performance is a deed. The seller will issue the deed that puts the buyer in full title. There is no other document necessary to show performance – the buyer should then ensure that the deed is recorded with the county register of deeds.

A: Short of calling every local law firm that does estate planning in her area, even if you find the attorney, they may not even have a signed copy of the will. A better use of your time would be to determine how assets would be disbursed as if she had passed intestate. Sometimes, the results of probating an estate intestate may lead to same results.

A:  The discharge, if done in error, does not change the status of your loan deficiency. However, the mortgage lender would need to file a notice with the Registrar of Deeds that the discharge was not effective.

A: When parties are co-owners of a home or any other piece of property, and the parties are not married, then any issues related to real estate are addressed and resolved under legal theories and remedies concerning contract law. Only a family law judge can order parties who are married to sell a property. It is not so easy when there is a co ownership relationship where the parties are NOT married. The best legal steps forward are to have all understandings about the maintenance and disposition of property well documented and in writing.

A: First thing you will need to do is to go down to the township and visit the planning or building department to determine how the permits were issued. That will tell you the “how.” You will also want to see the location survey for the property. It is very possible that there is an “easement by necessity” available to the owner of this property as real estate law encourages access. If not, then seek the advise of a real estate attorney after you obtain the necessary documents for a review.

A: In Michigan, a guardian shall not otherwise sell the ward’s real property or interest in real property. Conservators have the right to convey property, once they have court approval. Restrictions for what a guardian or a conservator vary and are addressed by the probate court case by case.

A: You have the right to purchase the property, but you will have to enforce this legal right by bringing a court action for declaratory relief before a judge.  The judge will look at the fair market value of the home which is determined usually by a licensed appraiser.  Then, you will most likely be able to purchase your brother’s share of the home for half of the fair market value.  Any previous contributions or financial outlay used to secure or maintain the home will also serve as an offset against the sales price.

A: Deeds must contain the “magic” language to convey title properly to a grantee. Failing to have this language may create legal problems and unnecessary expense if the deed is not drafted properly. There are several types of deeds and there are various ways that title can be conveyed and held. My suggestion is NOT to play attorney with real estate conveyances. The “survivorship” language that you speak of and seek online counsel for is not as clear cut as you would like it to be. Please contact a qualified real estate attorney and have your deeds correctly drafted.

A: Generally, text between parties can be used to show agreements and understandings between them, even where there may not be a written contract or signatures. The conduct of a particular party performing certain tasks or actions in reliance upon statement made in text communications can be used by a court to infer that a contract does indeed exist.

A: Sharing personal information is addressed in the purchase agreement and listing agreements. If it is not specifically addressed and excluded, then there is little if anything that you can do legally.

A: It will depend on the occupancy clause in the purchase agreement. If the agent did not put a date for the buyer’s occupancy (not good) then, generally speaking, at the very least, the seller would have 30 days to vacate from the date of closing. Thereafter, the buyer could provide a 30-day notice to the seller to quit as the seller could be considered a hold over tenant.

A: Being named as a personal representative in a will is not enough. You must have the Probate Court’s permission to sell the home. You cannot just sell a home that is not listed as part of the estate until you list the home as an asset of the estate. It must be included as an asset of the estate on the Estate Inventory report as well.

A: Quite a few items will need to be reviewed by an attorney before a definitive answer can be given. First, we would need to see how you hold title to the property. Was it held jointly? If it is just you and your sister, and your mother left no will, the home will still need go through probate. If your mother passed without a will and you did not hold title jointly with your mother, then the probate court may order the home sold in order to satisfy your sister’s interest in your mother’s estate. You may have the ability to purchase your mother’s half Interest in the home, but only the probate court can determine the amount needed after a valuation of the property and all other creditor claims against your mother’s estate are addressed and satisfied. So many issues that are left to be sorted out because your mother failed to have a will or a proper estate plan in place. This is why an having an estate plan, is so important.

A: By paying “state or county tax” I am going to assume that you mean ‘transfer” tax. Assumption of a mortgage should not be a taxable event since you state that you are already a partner / member of the organization. However, you need to look at your partnership agreement or operating agreement to determine if you already are on title. Otherwise you could have a taxable event. You also can check with your CPA since he will know your tax status best.

A: Yes. Generally, a quit claim deed can be executed and recorded without having to pay back property taxes. This is different than issuing a warranty deed, where the county register of deeds will require all property taxes to be paid current before recording. It should be noted that if this property is being transferred from an estate, the personal representative of the estate has a fiduciary duty to protect the property from tax foreclosure.

A: If you have a signed properly created deed and there are no other written contract provisions that stipulate any other contingencies for that conveyance —then based on your short narrative, it appears that you would own this property. Upon delivery of the deed from the owner/seller to the grantee, the conveyance has officially taken place. It will be up to the grantor to prove otherwise.

A: What was the agreement with the person or entity that gave you the monies? If the business never took off but you did work to get the business moving forward, was there any agreement concerning compensation to do the work to even start work on the business? It is always best to have agrements such as these reduced to writing.

A: Generally speaking, 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 easement. One of the most frequent disagreements centers on the extent of the easement and whether its intended use has improperly grown over time. Similar disagreements frequently occur over cost-sharing plans for easement upkeep. An action for declaratory relief addressing the scope of an easement may be required if a dispute cannot be settled outside of court. Depending on the situation, a claim for monetary damages or injunctive relief may be justified.

A: 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 does not have anything to do with the contents of the property. Usually, contents are assigned based upon a purchase agreement, a bill of sale or a will. It is assumed that without a written agreement, that the contents will come with the property, unless you object otherwise.

A: You can start the probate process at any time. When someone dies without a will, they die “intestate.” This means that any of the decedent’s assets will go through the probate process and are administered by the probate judge. The judge will use state statutes to decide on the distribution of all assets. You do not need any permission from your siblings to start this process.

A: 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 title was actually conveyed at the signing of the land contract. Finally, instead of doing this on your own, you should consult with a competent real estate attorney regularly who deals with land contracts and mortgage banks.

A: The landlord – tenant relationship has several implied warranties that the state law recognizes. The warranty of habitability requires landlords to keep their property habitable regardless if their are provisions in the lease that require a tenant to make minor repairs. Large repair items such as this are going to be the landlord’s responsibility unless clearly spelled out otherwise in the lease. On another note, there is never any harm in having your tenant purchase their own renter’s insurance to protect their personal property from such events as these.

A: No. The general contractor must be a state licensed contractor to file a lien. The lien would be unenforceable. The contractor cannot enforce the lien in a court action. They will have no standing – no recognition in court. However, they will have the ability to defend against a lawsuit for work performed. They cannot however, seek any monies for work performed.

A: 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, such as a deed. Our real estate law is rooted in over a thousand years of English legal history and the language that is on a deed can be considered “magic” legal language. Use the wrong language and your interest may not be as you intended. Therefore, have an experienced real estate attorney draft the correct document for your needs to put both parties in proper title and have them explain the legal implications of having a joint tenancy with full rights of survivorship. In other words, there is a way you can hold this property as ‘tenants by entirety.

A: They can enter only if there is proper notice that is usually defined in a provision within the lease, or if there is an emergency. I would also caution against relying upon ‘online legal chatter” as with most legal issues, no one ever has the same fact pattern and laws and legal rulings vary from state to to state and different jurisdictions. and judicial interpretations.

A: Based on your facts, as month-to-month tenants, they need to be evicted using a 30 days notice. Since they say they will be out by the middle of the month and they are still in the home, you will need to wait at least 30 days before you file the complaint with the court. For what it is worth, never purchase a home that allow tenants to remain in it after closing on the home, without first seeing a valid written lease and a rent roll – or payment history. Don’t close on a home without this. Also, make sure that you get an assignment of the leases when you do purchase a home with the home seller intending to sell with the tenants to remain.

A: One would have to see any documentation related to this matter. But there are laws that regulate when liens for work performed can be placed upon your property. For instance, only a licensed contractor can file a lien on property that they have provided work and materials., and they are limited to up to 90 days from the furnishing of the work to file the lien. Additionally, this matter from your fact pattern seems that it can be negotiated. Definitely provide documents.

A: No. If you did not sign on the promissory note, you are not personally obligated o the bank for payment. However, the default may still be reflected on your credit report since you are signed as a mortgagor on the mortgage.

A: If the landlord’s intent is to put you out of the home, then It is illegal for a landlord to change the locks. They may be subject to penalties by the court. An illegal lock-out does not have to just be by changing the locks, it can also occur when the landlord shuts off utilities. Contact an attorney.

A: One of the key elements to your fact pattern that suggest you do not have an easement by prescription is that you have been issued “sign permits by the state for over 30 years.” If this was an individual, ‘granting permission’ defeats claims of adverse possession or claims of easements by prescription. Also, this being a government entity makes your assertions almost impossible. An experienced real estate attorney should review your documents / surveys / permits etc.

A: In general, if you feel you don’t owe the amount, then you will need to file a written objection within 30 days from the day you were notified by the creditor. There are federal laws that protect people against debt collectors / attorneys. If they do not respond to your letter or continue to insist that you owe them the money, then it is best to consult with an attorney. If you do owe the amount, but can’t pay the balance, perhaps you can save the money on an attorney, and negotiate a new balance and payment on that balance with the creditor.

A: From your facts, it seems that while you may have received the judgment, you still have to take several more steps for the title company to accept it for their records. I am surprised that they did not help you with this further. Nonetheless, you will first have to get the court order certified. Just call the court clerk and they will issue a certified judgment for a nominal fee. Second, once you recieve the certified judgment, you will need to record it with the Registrar of Deeds for your county. This order then will show on your public property record – the title company will recognize this filing and honor the judgment. A quick note, you can also save valuable time and bring the certified court order to the title company for their office to record. This way you don’t have to wait for the county to process the filing.

A: A contract must have an Offer, Acceptance, Consideration, Mutuality of Obligation, Competency and Capacity. An Option to Purchase is a contract unto itself provided the above “elements of a contract” have been met. But options do expire. The Seller may be able to sell the property to someone else if the Option is no longer valid. You should allow an attorney to review the Option to determine its validity.

A: What do the lease provisions say? Lease provisions will prevail and if there are no terms that allow for such action, it may be a breach. The question is how have you been damaged? If you have evidence of damage or that you can’t store your own items on your leased property, and provide evidence that the third party items were stored in your leased space, then you may have a basis for an action. Contact an attorney to review the lease.

A: When you have a default judgment that needs to be set aside, you have to file your motion to set this aside within a very short time frame. Usually up to a year from the date that the judgment was entered. Also, you will have to have had a valid defense against the allegations. You will have to have an attorney argue before the court that issued the judgment that you did not get served the lawsuit and that you had a ‘meritorious” defense.

A: To start, we would need to see how you hold title to the property. Was it held jointly? If it is just you and your sister, and your mother left no will, the home will still need go through probate. If your mother passed without a will and you did not hold title jointly with your mother. then the probate court may order the home sold in order to satisfy your sister’s interest in your mother’s estate. You may have the ability to purchase your mother’s half Interest in the home, but only the probate court can determine the amount needed after a valuation of the property and all other creditor claims against your mother’s estate are addressed and satisfied. So many issues that are left to be sorted out because your mother failed to have a will or a proper estate plan in place. This is why having an estate plan, is so important.

A: Most municipalities require that landlords register their rental properties with the city building department. Homes for rent must have occupancy permits. If the city requires registration and inspection, these regulations will prevail over any lease terms that you have with the landlord. The landlord will have to make the repairs regardless of what the lease says. Check with your city’s building department. Understand that if the home does not meet code you may be required to move as well. Another consideration is that if the property is not “habitable” you can notify your landlord that you are depositing rent into a bank escrow account for the landlord’’s benefit, and monies will be released upon repair. Document your communication with the landlord in writing.

A: Generally, municipalities have the right to enforce building and zoning ordinances that do not comply with safety, fire or blight codes. While the property may not be open to the public, there are a host of other reasons the government can issue a citation. A real estate attorney would need to review your city’s zoning code.

A: I am aware of landlords that drive by a tenant’s current home to inspect the upkeep when making a decision to lease. You do not have to comply with this request, but then there is nothing illegal about the landlord refusing to rent to you provided that it is not based on any protected class under federal law and fair housing laws. (Race, sex, sexual orientation, religion, or marital status.)

A: You have to be a subscriber to the various credit bureaus to report judgments and collection matters. It should be noted that certain credit agencies do send ‘researchers’ to the courts to pull this information. It is up to the agencies to then decide if they place on reports. I am aware of one bureau that will no longer report judgements.

A: Please know that in Michigan an action for adverse possession requires 15 years. To prevail there must be actual, visible, open, notorious, exclusive, hostile, continuous, and uninterrupted use of the property by the person filing for the right to possess the property. Just because the property is “abandoned,” someone must be paying property taxes to keep it from tax foreclosure. My suggestion is that you go to the property tax department and see whose name is on the tax bill, then write to them that you have an interest in their property. Remember, only licensed attorneys can dispense legal advice. Court clerks, real estate agents, accountants, etc must be a licensed lawyer to provide legal advice.

A: You would convey your property interest by a deed. What type of deed will depend on the agreement that the two parties made. Did you agree to transfer with a quit claim deed, a covenant deed or a warranty deed? Which one you select affects your legal rights.

A: Yes. The homeowner can alienate or sell their redemption rights. However, the Michigan Court of Appeals recently held in a case that the mortgagor may, after the original mortgage transaction, sell or convey his or her equity of redemption to the mortgagee by a separate and distinct contract entered into for good faith and for valid consideration, but “the exchange must be fair, frank, honest, and without fraud, misconduct, undue influence, oppression or unconscionable advantage of the poverty, distress or fears of the mortgagor.” This means that you must have the proper conveyance and releases. Otherwise, you open yourself up to a lawsuit.

A: What kind of deed? A quit claim deed? A Warranty Deed? A Covenant Deed? A Ladybird Deed? Does she want you to hold it Jointly with Rights of Full Survivorship or as tenants in common? If you don’t draft deeds on a regular basis, it is probably best to use a real estate attorney to properly convey title to a property. That way you know it is done right and there are no far reaching legal or tax consequences.

A: The city has to ensure that your rental property is up to building code and it is common for investors to pay an annual fee for a rental inspection. If you are doing work that requires a permit, the permit can be pulled in your name or in your licensed contractor’s name. Whoever pulls the permit is responsible for the quality of work. If it passes code, then there should be no further questions.

A: The discharge, if done in error, does not change the status of your loan deficiency. However, the mortgage lender would need to file a notice with the Registrar of Deeds that the discharge was not effective.

A: No. You could be seen as interfering with a third party’s transaction. The Michigan Seller Disclosure Act requires your neighbor to disclose to potential buyers if there is a boundary issue. Additionally, until a court order clarifies the boundary, it is nothing more than a dispute with no basis and with no legal determination.

A: Generally speaking a person who collects disability can own real estate. If you are speaking in terms of financing a property with a mortgage, then your disability income should be included in the income calculations, provided the disability is not temporary. So for financing purposes, disability income may not help you qualify to refinance or purchase a home.

A: So the legal description / lot size was misrepresented in the home listing. Unless you made the listing document itself as part of the purchase agreement, it cannot be relied upon and the seller is not liable to you for the stated lot size. You did your due diligence by having the property surveyed. There should be a contingency period in which you can either move forward or cancel the transaction. You should also have your earnest money returned or if you determine if the price is appropriate for the lot size, you have the option to move forward.

A: First, a tax service is usually charged by the loan servicing company which is often a third party fee. It does need to be disclosed on the Good Faith Estimate. If this fee changes, the Good Faith Estimate must be re-disclosed. Based upon your narrative, the email is evidence in writing that he is ‘waiving’ the fee. However, he may not have the authority to approve said ‘waiver.’ Contact his manager and if it escalates, contact the state. Loan officers and mortgage companies are regulated by state and federal laws.

A: Generally, a recorded quit claim deed will prevail provided that the grantor language (right of survivorship) is expressed properly.

A: There are several types of deeds that you could provide. This is based upon your contract provisions, and there is no required deed type per se. A quit claim deed is most preferred from a seller’s perspective, however, your buyer will most likely want a warranty deed. So your title agent is basically “killing your deal” if they are insisting on a warranty deed when you have contracted only for a quit claim deed.

A: If there is a divorce decree, then the provisions of the divorce decree control how the proceeds of a refinance are issued. If the judgment has not yet been issued, then you will need to work out the amount of proceeds you are expecting from the refinance with your spouse, or it will most likely be negotiated between the attorneys.

A: There are contract laws and building codes that pertain to new home construction. Hopefully your home was built by a licensed Michigan builder. That is where you need to start. Then have a real estate attorney review the provisions of your builder’s agreement. You will need to support your allegations with evidence of poor workmanship: third party estimates, photos etc.

A: If the agreement is with the company, and payment specifies payment to the company, then the payment shouldn’t go elsewhere. If the LLC is a single member LLC, there may be an argument for the payment to go to their personal account and in this case, it is not fraud. Keep track of your payments – you should have an attorney review the land contract document.

A: Just because you receive a full list price offer does NOT necessarily mean you have to accept the offer. What are the other terms – there are variables that have nothing to do with price that may not make it a good offer – for example, what are financing terms, types, inspection and closing contingencies, etc. Too many to name. So 24 hours to review an offer when you want an attorney to review – is not acceptable – you should never feel rushed.

A: Generally speaking, you can sell the home, but then if you are NO longer the owner / landlord you will no longer have standing in court to bring your action for money damages or possession unless your new buyer assigns that right or leaves that right to you after closing.

A: While there is nothing wrong with having your attorney do an asset search, the results you seek are not indicative of future collectability. Judgements are good for 7 to 10 years so people with hidden or no assets can have their assets attached at a later date. Likewise people and companies with assets can and do file bankruptcy on judgements. No attorney can predict future collectability of a defendant, so overly rely on an asset search – which is nothing more than a snapshot of a person or company’s assets at any given time.

A: We would need to see the provision, but it is common in the industry for such provisions to require written approval from the landlord before the sublease can move forward. Check the provision again to ensure that this is not the case.

A: A real estate attorney needs to review the sales agreement to see what provisions apply and if there are any penalties, or legal remedies available to the seller. Artificial Intelligence (A.I.) may be the “next big thing” but it simply does not have the ‘experience” to cover all the bases for you, the client. A.I. content pulls information from across the internet, but there are numerous contract provisions that may or may not be appropriate for your circumstances; an attorney should create the document that will protect your specific interests.

A: 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 two parties.

A: Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety. If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent letters to the owners, based upon the owners’ registered address, notifying the owners of the problems. If this property you speak of is a public safety hazard and they are not getting any responses from the owner, I believe the city has the right to enter the property to inspect and secure the property. Furthermore, I am assuming this property is located in Michigan and therefore, Michigan law will apply.

A: Administrative fees are often disclosed in the listing agreement. Also, sometimes the property listing agreement will say the fee is “x amount, but never less than $X.” But whatever the charge, it must be disclosed in writing or it cannot be assessed or collected by the broker.

A: Just because you forgo a home inspection when you purchased your home does not necessarily mean that you are stuck with a property’s defective condition. However, it may be more difficult to make claims against a seller in these circumstances. Therefore, unless you were relying upon a seller’s completed disclosure statement that says the home is structurally sound, you may have taken the property in its current state without further recourse against the seller. Seek further counsel.

A: Without a written purchase agreement, you do not have a valid contact. Real estate transactions, especially those dealing with purchases, need to be in writing pursuant to the Statute of Frauds. My suggestion is that you return the deposit. Based upon your facts, you haven’t even detailed the terms of how the deposit was to be treated. Questions remain as to when the deposit was to be credited to your proposed buyer or what bank or title company was holding the deposit. What other contingencies affect the deposit? Without written detail this ‘transaction’ is difficult to enforce. Hence, the need for a written document with specific provisions to guide the parties to a closing.

A: After a homeowner pays off a mortgage in full, they need to obtain a mortgage discharge from their lender. The lender needs to provide the discharge to the mortgagee within 60 days of the receipt of the loan payoff. Additionally, most mortgage contracts call for the lender to record the discharge with the county registrar of deeds. In a private mortgage arrangement, it is best for the homeowner to record the mortgage discharge. If the loan involves a land contract, then land contract buyers do not receive a discharge. Instead, they receive a deed from the seller. The deed serves as proof that the terms of the land contract were met, and the buyer is now on title to the property as the owner.

A: The insurance company will pay the claim to whoever is listed as a “loss payee” on the policy. How insurance proceeds will be handled thereafter will be controlled by the land contract provisions. This is an important clause that should be in every real estate contract. So if your seller is named on the policy, and you are not, your attorney would have to review the contract to make the claim for proceeds against the seller. Just a word of note, nothing stops you from being listed as a proposed insured on a property casualty agreement since it sounds as if you have an ‘insurable interest.’

A: A real estate attorney needs to review the sales agreement to see what provisions apply and if there are any penalties, or legal remedies available to the seller. By the way, we understand your reluctance to move, but make sure it is what you really want to do, because backing out of a deal can be costly.

A: 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 two parties.

A: Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety. If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent letters to the owners, based upon the owners’ registered address, notifying the owners of the problems. If this property you speak of is a public safety hazard and they are not getting any responses from the owner, I believe the city has the right to enter the property to inspect and secure the property. Furthermore, I am assuming this property is located in Michigan and therefore, Michigan law will apply.

A: If there is a structural issue or home defect that comes to light prior to a closing and the seller should have disclosed the defect that was known to them, then you may have grounds to cancel the transaction. The fact the home inspector could not get into the garage to do their home inspection is important to note. I would suggest that you speak with a real estate attorney further so that they can review your documents, before an anticipated closing. As far as commission driven sales people, they are not attorneys and cannot provide legal advice.

A: You can keep taking the payments, but let them know that you are not waiving any of your rights. Since the contract is almost paid off, when you generate your payoff, make sure you add any late fees to the final payoff before you provide them with the deed.

A: To establish a breach of contract, one must prove “(1) there was a contract, (2) the other party breached the contract, and (3) the breach resulted in damages to the party claiming breach.” Bank of America, NA v First American Title Ins Co, 499 Mich 74, 100; 878 NW2d 816 (2016). The salient element is the second, when both parties alleging that the other breached the contract. “The rule in Michigan is that one who first breaches a contract cannot maintain an action against the other contracting party for his subsequent breach of failure to perform.” Michaels v Amway Corp, 206 Mich App 644, 650; 522 NW2d 703 (1994). “However, that rule only applies when the initial breach is substantial.” Id (emphasis added). “In determining whether a breach is material, the court should consider whether the non-breaching party obtained the benefit it reasonably expected to receive.” Omnicom of Mich v Giannetti Inv. Co, 221 Mich App 341, 348; 561 NW2d 138 (1997).

A: A power of attorney expires upon the death of the party who grants their power of attorney (the “Principal”). So your sister, (the “attorney in fact”) cannot enter into any binding transactions after the death of the principal. What happens with your father’s rental home will have to be determined by his will, if he left one.

A: You are the owner of the home. Provided that the facts are reasonable for someone to believe that the person had abandoned the property, then by law you have the right to secure the property. If you INTENTIONALLY changed the locks, knowing that the buyer / tenant was still in the home, then you have a BIG problem. It is called Lock-out and the penalties for Lock-out are very expensive. If you went to the home to secure it, reasonably believing that he had left, provided that you changed the locks and gave him a new key, then it will help to show that your conduct was not malicious. HOWEVER, there are two sides to this story, and while you are the owner of the home, you can still be sued this is a civil matter.

A: A purchase agreement is a legally binding contract. Generally speaking, if the seller represents in the purchase agreement that they will remove the hot tub from the home upon the sale, then they need to take it with them either before or after the closing occurs.

A: In a partition action, you could elect to pay off your brother’s interest if he fails to work with you. Nothing prevents you from paying off his 1/2 of the fair market value of the property. This would be offset by all of your contributions made to the home over these past years, including payment of taxes, repairs etc. real estate / probate attorney. Also, you need to know that if the property is held jointly, the court does not have such discretion to order the sale of a home. So you need to verify how title is held.

A: You should always have the seller execute the deed at the time the land contract is signed and submit the deed to an attorney’s escrow for when the land contract is paid off; the agreement is satisfied. This way you don’t have to chase after the seller at a later date.

A: Yes, this is common in a less than “robust” seller’s market. These days, seller concessions are not as common because the real estate market is very good. However, often the real estate agent will increase the asking price to accommodate for “seller concessions,” which usually is no more than 3% of the purchase price.

A: The answer will depend upon several variables, but generally, owning a property jointly (with specific legal language) will allow your son to take title to the property upon your death. There are several types of deeds that will help accomplish your concerns without going through probate. You should definitely speak with a real estate / probate attorney.

A: Because there is no effective and valid trust in existence, there is no where for the property to be conveyed to. Since there is an ineffective transfer, the property remains in your father’s estate. Therefore, there needs to be an estate opened with the probate court. Only then can the home be conveyed by an assigned personal representative of the estate to your buyer.

A: You should contact your City Assessor’s office to let them know that you will have legal title. You may have been given the principal residence tax exemption earlier on. So check with them. I would recommend that you contact the office to discuss further if you have any other questions.

A: 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” legal language that has serious legal consequences. So have the deed reviewed by a real estate attorney who can tell you best how to proceed.

A: Until the buyer satisfies the terms of the land contract, they should NEVER be given a deed. That is the point of having a land contract. It works like an installment sales contract; only upon successful completion of all terms will the buyer satisfy the agreement and have a legal right to the deed. Until all instalments are paid, the buyer has not earned the right to property.

A: It will depend on what the purchase agreement between you and the seller says. Whenever you are dealing with such a large purchase, such as a home, and there are legal proceedings, probate or otherwise, it is best to have your own attorney represent your interest as the purchaser.

A: A purchase agreement is a legally binding contract. Generally speaking, if the seller represents in the purchase agreement that an item will remain at the home after the sale, then they need to leave that item when they close on the home.

A: You should challenge the deed for fraud and have your signature verified by a handwriting expert. If the notary does not recant, and if your former business partner refuses to correct the problem then you will have to challenge the validity of the deed with a lawsuit.

A: First, your sellers should have completed a separate disclosure form for the pool. These are necessary especially when the purchase transaction occurs in the winter, where it is virtually impossible to inspect a pool’s overall condition. If one was not completed, but still the seller failed to reveal the pool’s true condition, they still may be held accountable for intentional misrepresentation and in certain circumstances, you may be able to rescind the entire transaction even after the closing.

A: Generally, the municipal building codes will set the forth minimum construction standards required to complete a building project. Your property sounds unique and therefore, it creates concerns for the building inspector. They can request an engineering report in order to issue your permit.

A: In 2017, Michigan ended what you describe as “dower rights”. A spouse’s signature is no longer required to convey property. However, this does not mean that the title insurance company won’t still require her consent in order to convey marketable title.

A: When dealing with a private property auction company be prepared to engage with a more involved sales contract. They are very often “boiler-plate” and favorable to the seller. From the facts as presented, the contract provisions will prevail. Usually, there is very little room for refunds. A competent real estate attorney should review your document further. It is also better to have an attorney draft or review the sales auction contract beforehand, and not after the fact.

A: Tenants in common can compel the sale of a co-owned property through a legal action called “partition”. In certain circumstances where ownership is held as joint tenancies, courts cannot compel co-owners to sell their property. This is why it is so important to have an attorney review the “magic legal language” when creating a deed so there are no far reaching legal consequences that one lives to regret at a later date.

A: Well, it would be quite unprofessional and unnecessary if your brother-in-law has no relation to the contemplated purchase transaction. You may want to contact the agent’s broker or the State of Michigan (LARA) to register a complaint. With regards to bringing a legal action, you would have to show how you were financially damaged.

A: A purchase agreement can have multiple addendums. With each new addendum, the provisions found in the earlier purchase agreement and / or addendum will remain enforceable unless they are specifically revoked.

A: The lender should recognize the judgment giving you the exclusive rights to the property, provided that the court order for divorce that awarded you the property was recorded with the registrar of deeds.

A: Mortgage lenders and banks control the entire financing process, while mortgage brokers are ‘money-finders’ and typically do not control the underwriting process or funding of a mortgage. In my experience, while brokers are better able to shop your loan request around to different lenders to get the best rate and terms for their clients, lenders can make quicker and more flexible loan decisions.

A: The provisions of the trust should control. Regardless of their recent passing, if the seller had the authority to sell the property during their lifetime, then the other beneficiaries of the trust are also bound by that provision. This is provided however, that your sales agreement was signed by all parties and there were no further contingencies to close your transaction.

A: Your buyer has an insurable, equitable interest in the property. The buyer needs to have a hazard insurance policy on the home for the purchase price — at a minimum. They then named YOU as the LOSS PAYEE on the insurance policy. If there is a fire or any other damage, your balance gets paid off first. You are the legal owner. The buyer gets the difference between what they owe you and what they insure the property for. That’s how it works.

A: If the seller is not competent to sign closing documents, he certainly cannot make his son his power of attorney at this point. Instead, the family needs to file for a conservatorship and have the court appoint the son as a conservator. A conservator is legally authorized to manage an incapacitated person’s financial affairs. This would include the sale or mortgage of a home. While this may delay the closing, doing anything less than this may open the transaction up to legal challenges later.

A: If your contractor has failed to provide the services that you hired them to perform, then you have a breach of contract claim. If you are not having success with resolving the matter on your own, then seek out the advice of legal counsel — often, a little legal pressure can go a long way.

A: It will depend on what the lease provisions in the contract says. If the tenant has an option to renew for a specific amount already stated in the lease, then you may not be able to raise the rent. If there is no provision addressing an option to renew, then you can.

A: It sounds as if you wish to provide private financing. You most likely are going to need to create a land contract between you and your family or create a private mortgage. Either selection has its pros and cons. You should consult with a competent real estate attorney to address your concerns further.

A: Generally “no,” the seller’s agent has no rights against you directly for commission or any other fees. Their agreement is between the seller only. However, a buyer’s agent can bring an action against you for their portion of the commission that the buyer’s agent would have earned had you closed. The seller may have an equitable action against you (depends on the remedies set forth in the purchase agreement) for specific performance and can compel a sale.

A: Normally, home inspectors limit their liability to the amount of the price of their inspection report. They state this in their contract with the prospective homeowner. However, they are not protected from gross negligence. It is important for you to have an attorney review the home inspection report further. The extent of damages would be based upon the disclosed lifetime of the roof at the time of your purchase.

A: Even though your personal liability under the promissory note has been discharged, the terms of the mortgage remain in effect and the owner of the mortgage can still have a lien on the real estate. After the bankruptcy, the lender can ask for a new payment plan from the borrower or they can foreclosure on the property. They just can’t pursue you personally.

A: Valid purchase agreements are contracts and are legally enforceable. The provisions of any contract spell out the legal remedies that parties to a contract have against each other in the event one party defaults. In your instance, there should be language in the contract that addresses the buyer’s performance contingencies. Once a certain time has passed in a purchase agreement, performance contingencies need to be waived by the buyer. With the contingency having been satisfied, if the buyer defaults thereafter and does not close the transaction, the seller can then enforce their legal remedies, which will vary by contract.

A: Being named as a personal representative in a will is not enough. You must have the Probate Court’s permission to sell the home. You cannot just sell a home that is not listed as part of the estate until you list the home as an asset of the estate.

A: Provided that your real estate documents are actually conveyance documents recognized by statute, and recorded, then the answer is ‘no’, your partner cannot sell the home without you.

A:  A land contract is an instalment sales agreement for real estate. The seller (vendor) sells the property to the buyer (vendee), but the legal title (the deed) remains with the seller until the buyer complies with the provisions of the contract and the purchase price is completely paid off. A land contract is more or less a form of seller financing. A purchase agreement is needed to establish the terms for the land contract.

A: That will all depend on the terms of the purchase agreement. Typically the buyer has 7 days from the date of the signed purchase agreement to perform an inspection (hire your own inspector – not one referred by your sales person). If there is a problem or concern raised by the home inspector, you usually will have 2 -3 days from the date you receive the home inspection report, to inform the Seller. These time frames can be negotiated.

A: No. You do not have to be a co-signer on a person’s bank account provided that you have a valid Power of Attorney that gives you that authority. Just present that document to the bank official and they should accommodate you and your wife.

A: That will depend upon what you and your seller agreed to in the purchase agreement. If your understanding was that insurance proceeds would be disbursed to you, and it is not reduced to writing, then it is most likely that you lost the right to assert a claim for the proceeds. Our contracts have provisions that address the proper amount of insurance funds that can be allocated to either party in the event there is a problem with the property while under contract.

A: Generally, purchase agreements have provisions that require that a home be vacated by the seller before a closing. That would include the seller’s personal property. Buyers should perform a “final walk through” of a home before a closing to ensure that the home is in the same condition that it was at the time of the purchase offer, and that repairs, if any, have been completed. Buyers do not have to close on a property if the overall condition of the home is not acceptable. If your son is having a difficult time paying for the removal of the home contents, the parties could also agree to hold money back from the seller’s proceeds to pay for the removal of personal property.

A: No. Under the federal Fair Housing Act, landlords and housing facilities must allow service dogs and emotional support animals, if necessary for a person with a disability to have an equal opportunity to use and enjoy the home. To fall under this provision, a person must have a disability and must have a disability-related need for the animal. In other words, the animal must work, perform tasks or services, or alleviate the emotional effects of your disability in order to qualify. A doctor’s prescription is sufficient evidence of the disability.

A: 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.

A: Valid purchase agreements are contracts and are legally enforceable. The provisions of any contract spell out the legal remedies that parties to a contract have against each other in the event one party defaults. In your instance, there should be language in the contract that addresses the buyer’s performance contingencies. Once a certain time period has passed in a purchase agreement, performance contingencies need to be waived by the buyer. With the contingency having been satisfied, if the buyer defaults thereafter and does not close the transaction, the seller can then enforce their legal remedies, which will vary by contract.

A: While it sounds as if the complex was removing the balconies in compliance with the city’s building enforcement, there is no harm in requesting a reduction in rent because the balcony was part of the space initially leased. You may have the ability to exit the lease without penalty, however, the lease provisions should be reviewed. A way to calculate the rent reduction is based upon the square footage of the balcony.

A: Until the interest of the homeowner is completely extinguished, the lease obligation remains. But practically speaking, when tenants find out that their landlord is in foreclosure..they don’t pay.

A: No, one must be personally served by a process server to be properly served, however, if, for some reason, you cannot be served personally, then the plaintiff can serve you through a court ordered publication in the legal news, regular mail or even a posting on the property. In the case of property tax forfeiture, posting and publication can be considered adequate notice.

A: No. Under the federal Fair Housing Act, landlords and housing facilities must allow service dogs and emotional support animals, if necessary, for a person with a disability to have an equal opportunity to use and enjoy the home. To fall under this provision, a person must have a disability and must have a disability-related need for the animal. In other words, the animal must work, perform tasks or services, or alleviate the emotional effects of your disability in order to qualify. A doctor’s prescription is sufficient evidence of the disability.

A: Generally speaking, the time frame to collect on a promissory note is no greater than 6 years from the last date of payment. Known as a “statute of limitations,” if your old partner has failed to bring an action within the 6 years, their claim may be barred.

A: No, he cannot legally do that. Michigan probate judges have the authority to compel your brother to produce the original will if it does exist. Among other things, he can be held in contempt of court.

There are also alternatives to have the estate probated even without your brother’s cooperation. It just makes for an even longer legal process.

A: A warranty deed is the best type of conveyance deed a buyer or grantee can receive from a seller. It contains 6 implied legal promises; among the most important warranty is the grantor’s guarantee to defend the grantee against all third party claims to the property.

A Quit Claim deed doesn’t contain any warranties. It is basically a document that conveys any interest that the grantor MAY have in the property; which could be no property rights at all. That is why the title insurance agent will not insure over a quit claim deed.

It does not matter how a deed is titled. The substance of the legal language contained within the deed controls.

 If you suspect that your relative “overreached,” then you have the right to challenge this late and surprising conveyance. There is a “rebuttable presumption” of undue influence when a “substantial beneficiary” of a proposed will had a “confidential relationship” with the decedent and used that relationship to “actively procure” the will or in this case, the deed. In simple terms, if someone abused their trust to manipulate your father into leaving them the bulk of their estate, a judge will assume there was undue influence unless this family member can prove otherwise. So, the only way to challenge your relative is to bring an action against them in court.