WEEKLY ROUND-UP

A: What did the divorce decree provide? The decree’s terms govern the situation. We will need to review the judgment before we can give direction. It is not unusual to have conditions placed on conveyances of property in a divorce. We would need to understand what conditions, if any, were in place. Therefore, if your ex-spouse did not adhere to the provisions, you might have a claim for the deed. In the absence of such provisions, not providing the deed and complying with the earlier judgment risks a lawsuit for slander of title.

A: It sounds as if your land contract buyer is still in their redemption period, in which she can refinance or sell her interest in the home and pay off your contract. Land contracts are legal agreements and financial contracts no different than purchasing or investing in a financial instrument on the stock exchange. Currently, you still have a legal interest in the home, but your buyer has an equitable right to the property until the redemption period expires. You should understand the basic concepts of land contracts and your legal rights before you invest.

A: We will often use an “offer of judgment” as a legal tool to help settle a case before it goes to trial. It’s an offer made by one party to the other, suggesting that they will agree to a certain judgment or outcome if the case is resolved without going to trial. The purpose of an offer of judgment is to encourage settlement and prevent unnecessary trials by giving both sides a clear idea of what might happen if the case goes to court. It also helps prevent one side from being overly stubborn and dragging out a case when they could have avoided more legal fees.

Here’s how it works: 1. THE OFFER: One party (usually the defendant) makes an offer to the other party (usually the plaintiff). This offer says, “If you accept this, we’ll settle the case for this amount or under these terms.” 2. ACCEPTANCE: If the other party agrees to the offer, the case is resolved without needing to go to trial, and the terms of the offer become the final judgment. 3. REJECTION: If the other party does not accept the offer, the case moves forward to trial. CONSQUENCES FOR REJECTION: After the case goes to trial and the party who made the offer receives a better result (such as a lower award or judgment), the party who rejected the offer may be responsible for paying both parties’ legal costs. This can include court fees and attorney fees. So this tactic can have serious financial consequences if the offer is rejected and the outcome for the other side is worse than what was offered.

A: Giving someone power of attorney does not prevent your dad from deeding property on his own; a power of attorney only allows the designated agent to act on his behalf when the attorney in fact (your father) is unable to do so. This means he can still make decisions regarding his property as long as he is mentally capable of doing so. So absent any other legal or capacity issues, the deed in question may not be challenged.

A: Sounds unfair. First, the earnest money deposit should not be used to offset the costs of the alarm system. But what you will need to determine is what your purchase agreement states. If you had installed the system based upon their request and they now have backed out of the closing, you should be able to demand payment for ‘altering’ the premises over and above the forfeited earnest money deposit. Look also to see if there is an assignment provision in the alarm company’s documents so that this can now be a selling feature for new buyers. I hope this helps.

A: Past fire damage is definitely something that a seller should disclose about their home if indeed the seller knew about the past fire damage and that it affected the structural integrity of the property (known structural issues are a line item on the disclosure form). Under Michigan law, a seller is only required to disclose known defects about the home. I find it difficult to imagine that throughout the purchase transaction, no one was aware of or disclosed that the home was condemned at one point due to the fire. An experienced real estate attorney would need to see all of your transaction documents that include the purchase agreement, the seller disclosure form, and supporting documentation and photos concerning the current damage.

A: Your instincts are correct. As a landlord, you must be truthful when preparing a Verification of Rent (VOR) for a loan. You must be truthful in reflecting payments; otherwise, you can be implicated in bank or loan fraud at a later time if they default in the future on the loan for non-payment. You should also send the verification directly to the lender making the inquiry. Do not give it to the tenant to relay to their mortgage lender.

A: The agreement itself describes your rights under your purchase agreement, whether you are the seller or the buyer. If the agreement has proper provisions for sellers to withdraw, you may be able to do so. You also will need to look at the legal remedies available to the opposing side should you decide to forgo performance under the agreement. Note: The Statute of Frauds requires the reduction of all real estate agreements in writing for their enforceability.

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 half 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. 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 the title is held.

A: Sorry to tell you, but “no,” a notarized deed is far different than a recorded deed. A licensed notary in the state is required to witness all deeds or notarize them. The recording offices will not accept a deed that lacks the witness or notary signatures. The copy of the deed you present in court may not prove your mother’s intent to gift the property to you alone; since she died without a will, the court will most likely divide it between you and your brother because of the intestate laws.

A: Generally speaking, a co-signer acts as a guarantor for a loan. If your daughter does not pay on the mortgage loan, then the lender can turn to you and require payment or a payoff. So unless you limited your exposure under the guarantee, of which there are many ways to do so, you are obligated to pay the entire balance back to the lender if your daughter defaults on her loan. You should always have an attorney review the language of the contract before you sign it, as your legal obligation remains open as long as the mortgage loan remains outstanding.

A: If this was a joint account that you created and held together with your father prior to death, then it will be difficult for her to allege that the funds are part of the estate. A joint account is joint property, and upon the death of one owner, the ownership rights pass on to the survivor(s) on the account. The funds are not part of the estate. A word of caution: if the account was set up and your father was under duress or it was established under suspicious circumstances, it can still be challenged with the court, but otherwise, her chances of success are unlikely, as joint accounts automatically pass to the surviving account holder, avoid probate, and you would become the sole owner of the account upon your father’s death.

A: You definitely have a legal mess on your hands. For general information purposes, a recorded land contract will cloud and remain on property title unless three things happen:(1) the land contract is satisfied and a deed is issued and recorded in the purchaser’s name; (2) you have a judgement for possession of land contract after a forfeiture action or (3) you have obtained a quit claim back from the land contract buyers, along with a mutual release and agreement to cancel the underlying land contract. Absent any of these three items, the quickest way to get this resolved and remove the former interest of the land contract buyer is to file an action for declaratory relief to quiet the title against the former land contract buyers. This means you will be asking a judge to remove the former buyers from the title so that you can move forward with your sale. Contact a real estate attorney immediately to get this process started.

A: Generally speaking, if there were conditions in the divorce decree that he did not meet before you gave him the deed, you would not be required to sign the property over to him. However, if he met all divorce decree requirements, you cannot withhold the deed. The divorce decree concerning real estate does not expire unless you modified the earlier terms of the divorce. If not, then you will need to comply. You also risk having to go back to court if he or his attorney files an action to compel compliance with the court order, and you could be sanctioned or ordered to pay his attorney fees.

A: It is true that a divorce court lacks jurisdiction over unmarried parties. Since we treat these matters like a business partnership, we must go to court if the unmarried parties refuse to negotiate the financial contributions made to secure the home purchase. It is essentially a contract claim. So you should gather home purchase and maintenance receipts. Rest assured, a legal remedy exists, and a court will need to see evidence of your financial contributions. Additionally, you need to get to a real estate attorney soon in order to register your legal interest in the property.

A: All agreements related to real estate that affect real property or parties beyond a year’s time must be in writing. This is known as the Statute of Frauds. Real estate transactions must be in writing. Therefore, your verbal agreement lacks enforceability. Even if you wrote down your agreement, it appears you limited your legal liability to the first year after the sale. However, if you want to do this work, I would be cautious and consult an attorney to verify the buyer’s information. First, be careful not to acknowledge or waive your defenses before contacting the buyer.

A: If your daughter-in-law refuses to cooperate, you may still be eligible for reimbursement for advances on your son’s funeral and even final medical bills. You accomplish this by establishing a probate estate. Your attorney will petition the court to make you the personal representative of his estate. As attorneys, we must ascertain whether the assets you mentioned were included in his estate. The ‘title’ of the property determines its disbursement or holding, so your attorney will need to investigate further.

A: First, the title company should have told you that they need to have a certified judgment from the court. Secondly, your title must reflect your judgment. You do this by taking a certified judgment and recording it with the county property records. Unless the court ordered that a new survey be performed (which is advised), the title company should then be able to pick up any changes related to your property and replace the old description.

A: Firstly, I need to understand the seller’s role during the sale of the home. Only personal representatives of an estate are completely exempt under the law from completing the home seller’s disclosure regarding the condition of the property. Homeowners who lived on the property or held it as an investment must complete the form. They are not exempt. Second, if you closed on the home without receiving a seller’s disclosure statement, then you have waived your rights to sue the seller. The seller’s non-disclosure or misleadingness about a home’s defective condition can only be legally maintained if the buyer relied upon the statements of the seller, who knowingly disregarded the truth about a home’s defect, i.e., water leaks, roof issues, etc. Since you did not have a copy of a completed home disclosure statement prior to the sale, it is too late to bring an action against the seller. The lesson here is that buyers should ALWAYS carefully review a seller’s disclosure statement along with their home inspection report BEFORE they close on their home. Seek legal counsel if you do not get clear answers from the seller.

A: First, I would need to know in what capacity the seller had when selling the home. Only personal representatives of an estate are completely exempt under the law from completing the home seller disclosure regarding the condition of a property. Homeowners who lived at the property or held the property as an investment must complete the form. They are not exempt. Second, if you closed on the home without receiving a seller’s disclosure statement, then you have waived your rights to sue the seller. Seller non-disclosure or misleading about a home’s defective condition can only be maintained if the buyer relied upon the statements of the seller, who knowingly disregarded the truth about a home’s defect, i.e., water leaks, roof issues, etc. Since you did not have a copy of a completed home disclosure statement prior to the sale, it is too late to bring an action against the seller.

A: It’s never too late to form your company. However, the courts may claw back assets transferred to your new company to avoid paying a judgment under any lawsuit this customer initiated. The biggest advantage of an LLC is limited liability. Personal belongings, such as her home, savings, and car, generally remain safe if a legally formed corporation faces a lawsuit or incurs debt. With certain exceptions, the business’s debts and legal issues stay with the business, not with the individual. Always consult with a business or contracts attorney when handling legal issues for your business affairs.

A: Your buyer is confused. Your buyer only receives a satisfaction judgment, which prevents you from gaining possession of the property. They may have satisfied the judgment for the eviction/possession; however, this does not pay off the land contract. They must pay the daily interest due under the contract at least from the judgment date to the redemption date. This is why sellers need to have an attorney review their documents before the respective parties sign to ensure a smooth transition in their final real estate conveyance.

A: We need to review the divorce judgment, understand how your claim of interest was entered against the property, and understand why it continues to appear against the title to the subject property. Contact a real estate attorney to review the information. Title agents are not attorneys and should not provide legal advice. You need to call before you sign anything further.

A: A real estate attorney would need to review your compliance documents at the time of purchase as well as the inspection report. We aim to comprehend the defects in the home that you knowingly overlooked, as well as the knowledge your seller had about them when they completed the home seller disclosure statement. An attorney should review all purchase documents before you close your transaction to meet the legal standard of “clear and convincing” for a seller’s “bad faith” action; however, nothing prevents a review of the documents after the sale. It just makes a legal action a bit more difficult.

A: You have the option to remove her from her role as the primary trustee. To do so, you would need to file pleadings with the probate court and prove your case. Only a probate judge can remove her as a trustee and replace her with you as a successor trustee. You would need to consult a probate attorney and review the trust provisions first.

A: First, ignore the banker about quieting the title. That is not the answer. Second, if you have already received payment, have your attorney issue a new deed to your cousin and record it yourself. Take the recorded copy of the deed to the banker, as you no longer are the owner of record for the property. Good luck!

A: First, stop referring to this person as the “buyer.” It is important to name the party for what they are: a tenant. Using the wrong legal words in real estate law will create further confusion as to legal capacity. If they have not exercised their option to purchase, then they are merely considered a tenant. Second, make sure you have your own hazard insurance on the property. Do not rely upon the tenant’s insurance, or at the very least, make sure that you are properly named as the first loss payee in the event of a claim. Finally, you must await the court’s decision before showing the property. Waiting for the resolution of the underlying dispute would be a waste of time for both your broker and potential buyer because it is highly unlikely that the tenant will let other interested parties into the property during the dispute.

A: Under the Statute of Frauds, all real estate transactions need to be reduced to writing in order to be valid. To have a reasonable expectation of the rights to this lot, we would want to see the purchase agreement or closing package that you executed a decade ago. You might need to initiate a declaratory relief action, also known as quiet title, to secure your ownership of the lot. Paying property taxes for all these years is helpful to your cause, but we need to find where the disconnect was at the time of purchase and closing to see how you were able to own this property.

A: First, Brigette doesn’t have a say as to whether she owns the properties until she takes the “note” in question and submits it to a probate court. Only a probate judge has the authority to determine whether a document functions as a will, serving as evidence of your brother’s final wishes to transfer the properties. Although I haven’t seen the “note,” it appears that the court can initially accept it for filing as a holographic will. This will need to be written in the testator’s handwriting, signed and dated by the decedent, and made without undue influence or constraint. Second, I think Bridgette’s note may not be what she claims. Courts scrutinize holographic wills, and I would argue that the note is instead a conditional gift. Since your brother survived his treatment for another 15 years, the condition is no longer operable. He died without a will, and you have rights under the intestate laws to make your claim to the properties. Consult further with your probate attorney to challenge Bridgette’s claim.

A: Since the cottage never found its way into the trust and there is no will, it would seem that all of your living siblings will inherit the cottage equally, through Michigan’s intestate laws. If this one sister does not wish to sell the cottage, that is her right, and she can hold up your intended sale. Once the probate process concludes, you have the option to initiate a partition action in Circuit Court to enforce the sale. Your sister will then have to either purchase the cottage from the other siblings at fair market value or sell the property on the open market and split the proceeds equally among you.

A: Save your money on lawyer fees. It is highly unlikely that you would succeed in court by suing a licensed professional appraiser for their value opinion, even if it had a negative impact on your sales price. The duty of the appraiser is not to you but to the buyer and to the lender. Banks make their decisions on lending based upon these opinions. However, your purchase agreement should have allowed you to decide whether to sell. Another option would have been to require the buyer to come up with the difference between the appraised value and the agreed-upon purchase price. Finally, you could have disputed the appraisal by having another appraisal. The buyer decides whether to proceed since they are applying for the mortgage.

A: Generally, the release of a lien implies full payment of the loan. You say that this statement is incorrect. That this was in error. It seems that there may have been some administrative error. At some point, if the lien was filed incorrectly or released in error, the lender has the option to refile it. However, at this point, you would still owe money on an outstanding loan that is now technically “unsecured.” You did not satisfy the terms of the mortgage, and taking advantage of their error will definitely come back to haunt you.

A: If your seller prevails in the quiet title action, the purchase agreement, closing paperwork, and policy from the time of sale should enable you to directly approach the title underwriter for your warranty deed. A warranty deed is a superior form of conveyance than a quit-claim deed. A contract between you and the seller should have ordered the warranty deed following the issuance of the judgment. Without an agreement, the seller does not have to replace your current quit-claim deed. I would not have advised a client to accept a quit-claim deed or even close on their sale until the seller obtained their judgment, as this is a very risky proposition until the judge makes a decision on clear title.

A: First, real estate salespeople shouldn’t be drafting conveyance instruments, such as deeds. Only licensed attorneys can draft deeds for third parties. Regarding the status of “professional standing” and licensing, they may invalidate your transaction. Also, for a deed to be valid, it either has to have the signatures and printed names of two witnesses and notarization, or it needs to be signed in front of a licensed notary. Get to a real estate attorney to review your paperwork.

A: When a person signs as a guarantor, they essentially relinquish any claim that they were unaware of the borrower’s default. The lender bears no obligation to notify the guarantor about late payments or unfulfilled contract provisions. The co-signer should be aware of the restrictions. Lenders write commercial loan agreements and financial documents, with most of the language stipulating the lender’s rights against the borrower in the event of default. When you are endorsing the promissory note as individuals, there is no need to sign a guarantee. You are already personally liable for the debt when you sign as individuals. Only when you sign the loan note on behalf of your company do the guarantees apply.

A: All parties involved in the transaction, including the agents of the mortgage companies, real estate companies, and the buyer and seller, must review and approve the fees before closing to ensure no issues arise at the time of signing. But in the end, the real estate listing agreement in either residential or commercial real estate is a contract, and unless it states otherwise, fees due under the contract would be due regardless of the time and date collected. You should still be able to negotiate a lesser fee out of inconvenience, although legally, the sales agent can pursue you for the balance of their commission. It is customary to have your attorney review the closing documents three days prior to a real estate closing to prevent such issues.

A: Under Michigan law, when parties are jointly and severally liable for a debt, each party is individually responsible for the entire obligation. The creditor has the right to pursue all borrowers for the entire debt until they settle it. However, the bank can only collect what is due and owing, reducing the balance due from the remaining three partners by the amount the one partner agreed to pay in his settlement. His failure to pay under the negotiated settlement will come back to haunt you, and mean that you and your remaining partners owe any amount that remains outstanding.

A: Engage your real estate attorney in the matter. Unless the contractor has legitimate reasons for their delay, getting all of your money back may involve litigation. At first, it seems this is less a legal matter than a lesson on “how not to do business.” You should never pay your contractor in full up front—before they complete the agreed-upon work. Most proper remodeling contracts feature completion thresholds that distribute funds as the work advances. When it comes to large home improvement projects, you should always consider having a real estate and contract attorney review your documents before you sign.

A: The written lease provisions prevail. Have an attorney review the lease agreement. While you are disputing their new requirement, the lease agreement may contain a “notice” provision that permits certain changes. Therefore, if he properly notifies you about the new payment method, he could potentially enforce this change against you if you don’t comply.

A: When it comes to managing a home mortgage after the original borrower dies, federal rules protect heirs to a residential primary residence in important ways. These rules make sure that people who inherit property don’t have to go through foreclosure or pay off the mortgage in full right away. They can remain in the home. You may qualify as a “successor in interest under federal law. Consult with a real estate attorney to see how you may qualify.

A: It will depend on what the Letter of Authority provides—whether the property can be sold or mortgaged during a time that the estate action is open will be determined by the probatecourt. Depending on whether the decedent died intestate, one or more beneficiaries may agree to purchase the property interests of other beneficiaries in an estate, but court approval is typically required when an estate is open.

A: Sometimes hearing the word “NO” can be tough. Unfortunately, our courts are not favorable to those people who sit on their legal rights. “Laches” is a legal doctrine whereby courts can deny relief to a claimant with an otherwise valid claim when the party bringing the claim unreasonably delayed asserting the claim to the detriment of the other party. Avoid doing your own legal work and thinking you can sue whenever you want. You might have a valid claim, but you may have lost your rights to bring it.

A: A tenant-in-common is created when real property is transferred to two or more people who are not married to each other, and there is no reference to joint tenancy or right of survivorship—this is the “magic language” needed to create the ownership interest you speak of. Each tenant has the same right to use or occupy the entire property. However, each tenant’s share passes to their estate when they die. To create certain estates, deeds require specific legal language, and it is best to have a real estate attorney draft deeds that have far-reaching legal consequences.

A: First, I would suggest that you ask for a Freedom of Information Act (FOIA) on the minutes of any township meeting or files related to this split. Second, you may be able to seek redress via a declaratory action, but only if you have the necessary supporting documentation (FOIA items) for the previous alleged split. Quite a bit of research needs to be done before you bring a legal action. Real estate litigation firms take hours reviewing real estate forms, surveys and other documentation before they take any legal action.

A: With qualified legal help, you can always file a motion with the court to set aside the judgment. Among other things, the court will consider whether you had a valid legal defense, how your conduct created the default, and how the plaintiff in the case will be affected. You have a year to file the motion. Courts do not set aside judgments lightly, so seriously consider hiring an attorney. If you are not sure about setting a judgment aside, I suggest you read about a recent case of musician Sean Combs, who ignored a lawsuit and then had a $100 Million default judgment entered against him. Setting it aside is not as easy as it looks as he has to satisfy the judge that he has satisfied the legal considerations to set the default aside.

A: Without witnesses, and without a receipt for the amount that you are claiming, it will be quite difficult to prove your statements. In the end, you control your own deal, which means you need to verify all of your documentation even when you are working with a real estate sales agent. You could file a complaint with LARA, the state of Michigan’s regulatory commission. Suing the realtor is an option if you had better evidence of malfeasance. However, it seems from the facts presented that it will be your word against the agent’s word; you need better proof. Also, you should consider using a real estate attorney when you are buying a home or other real estate; it is most people’s largest and most expensive asset that they will ever purchase. Why cut corners and deal with commissioned sales people when there can be financial risks?.

A: If you are in compliance with the terms of the land contract, then generally, the heirs of the decedent seller must abide by the terms of the land contract. As property values have increased, I have seen some, but not all, sellers on land contract, motivated to cancel or forfeit out a land contract with a low property sales price relative to today’s market, in favor of obstructing a buyer from paying off their land contract; they seek to claim the higher value of the real estate for themselves. That is why it is important to keep all of your documents and review the provisions of the real estate land contract with a real estate attorney before you sign. As for the seller’s son, an experienced real estate attorney can make them jump through hoops to get to your property. Make sure to contact a real estate attorney immediately so that you don’t lose your rights.

A: Generally, the answer is “NO.” No one will force you to endorse a settlement agreement. In fact, at the time of settlement, most courts require that you appear before them, and the judge will ask you under oath if you understand the terms of the settlement agreement and that you voluntarily entered into the agreement. If you have any reservations or concerns, then do not endorse the agreement. Only “You” have the authority to enter into an agreement. If there is a material item that is missing from the agreement that makes it difficult to comply with it at a later date, that should be brought to your attorney’s attention. But having a “change of heart” alone, after you have made a settlement will not excuse you from performing under the agreement.

A: A business owner needs to make sure that their business complies with their municipality’s zoning requirements before committing to a location. The more obvious zoning restrictions on a business location may be one that prevents an industrial-based business from locating in a downtown retail space. But other, lesser known restrictions, however, may be those against businesses that are primarily office-based from locating in a retail space; or they may limit retail businesses from locating in an office space. Also, most commercial leases make it the tenant’s responsibility to verify that the space is suitable to their needs. So your landlord may be correct in their position. This is why it is important to consult with a real estate or business attorney before signing such an important and legally binding agreement. They can assist you with doing your due diligence, or “investigation” and then report back to you about your rights.

A: Sending an email as a form of ‘written notice’ is not considered legal notice unless the parties to the agreement mutually agree that it serves as sufficient notice. It is how the parties contract their respective rights in a contract that will control. You can basically negotiate anything in a contract, provided that it is not for illegal activity. I write many contracts that say termination notices have to be provided by certified mail only, and then there are notice requirements that are less burdensome. It is all about the client’s preference. On another note, while email correspondence is prevalent in business, important emails dealing with termination or default clauses can get lost in an email, and that is why I discourage any provisions allowing for email notification only.

A: Generally, in Michigan, when one party wishes to remain the owner of a property but a joint owner wants to sell the property, an action of partition is advisable. This is when both parties cannot work the matter out between themselves. The court orders the sale of the property, and the net proceeds from the sale are divided in accordance with the court orders. In this case, 50/50. This is also going to be dependent upon how the title was taken – meaning that deeds have ‘magic” vesting language that may or may not allow a court to order a 50/50 split. Seek the advice of an experienced real estate attorney.

A: The adverse possession time frame in Michigan is 15 years. The elements needed to establish adverse possession are: 1) possession under the claim of right or color of title; (2) actual, open, and notorious possession that gives reasonable notice to the true owner; (3) possession that is hostile to the true owner; and, 4) continuous use for the 15 years claimed. Before the 15-year period elapses, the quickest and easiest way to defeat an adverse possession claim is to provide written notice to the other party that they either do or do not have permission to use the property at issue. Your “permission” is key to undermining one of the elements listed above. Make sure you send a certified notice and seek the advise of good real estate counsel.

A: You could use it, but you would be considered a trespasser. You may be able to obtain the right to use the “road” through a legal process known as easement by prescription. Similar to adverse possession, you must use a portion of a parcel of land in a manner that is open and obvious to the landowner, and it must be used consistently for a certain number of years. You would need to file an action only after you had a real estate attorney review and opine on all of your documents.

A: Any time there is a transfer of real estate in Michigan, the local property tax assessor is supposed to re-assess (uncap) the real property’s taxable value up to 50% of the real property’s current fair market value. Whether there is an exemption to this rule will be dependent upon the status of the grantor that conveyed the property and their relationship to the grantee. So we would need more information on the entity that you conveyed the property to. Ladybird deeds between close family members would be a good example of a property tax exemption. Seek the advice of real estate counsel before proceeding with a property conveyance.

A: A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee), the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or estates, a real estate attorney should review the deed to see that it was executed properly and that it contains all of the items within the document that will make it legal.

A: It is better to make payments directly to the land contract seller, provided that you make your payments with a check or some other verifiable payment source. Some sellers do not want to collect the payment directly and can designate a bank account or a third party (such as an escrow agent or attorney) to collect the payment. The most important thing you need to know is that when making payments, keep track of the date the payment is made and the amount paid. You can do this on a spreadsheet. You should do this so that later, when you have to pay off the land contract, you have accurate payments and do not have to rely upon the seller’s ‘recollection’ of payments made.

A: Changing rules and fees mid-lease can only be done if the lease provisions provide for such changes. Leases are contracts that can be negotiated, and so what the parties to the lease agreed to at the onset of their relationship would prevail. The lease should be reviewed by an attorney before signing as you don’t want to be in default of any lease provision and risk losing your security deposit or even worse, occupancy.

A: Generally speaking, a free initial consultation does not include a full legal study or advice from the attorney. It’s more important to have a broad understanding of the problem and assess whether legal assistance is necessary. A good and qualified attorney is unlikely to offer a thorough legal strategy, document review, or legal action plan during a free consultation since this would require closer knowledge and investigation of the matter. A free consultation has no hourly charge; it is a cursory overview of your situation in a 10 to 15-minute session.

A: Sue the debtor for the balance invoking this provision. You don’t have to sue for a judgment in Georgia. You can file in the state in which the contract was executed and where the debtor or lender resides. You have to first obtain a judgment by filing a winning lawsuit. Then you can pursue the debtor. You should also consider the statute of limitations. In general, receipt of the last payment in 2011 may only give you until 2017 to collect. Check your state statutes.

A: The terms of your lease control. What you want to negotiate and what the landlord will agree to are two different things. Maintaining your home during the lease usually falls upon the landlord, but I have seen many leases with yard duties or restrictions in them. It will all depend on what both parties agree to.

A: A quitclaim deed is one type of deed that can be used to transfer real estate. It is a very easy form to complete. However, while the form may be straightforward, the circumstances surrounding the transaction need to be examined. The grantor of a quit claim makes no representations as to the marketability of the title. They are giving whatever interest they have in the property, which could be nothing, or it could be loaded with liens and other title problems. Accepting a quitclaim for a property means that the grantee agrees to take the property with all the title deficiencies with it. It’s best to have a real estate attorney review the title and understand what you are trying to accomplish by using a QCD. There may be better transfer documents that warrant the quality of the title and keep you from legal trouble at a later date.

A: The land contract terms control, but generally speaking, without a provision that prevents you from doing so, you should be able to sell the property. If there are profits to be made, coordinating this will take professional assistance from a real estate attorney/professional, and it should be done before you request a land contract payoff from your seller. Otherwise, your current land contract seller could take advantage of the situation.

A: Sounds as if this did not have to be so ‘tough’ had there been more legal forethought in the preparation of the deed. So the best thing you can do is to first provide a copy of the Quitclaim Deed (QCD) to a real estate attorney to review. We would need to know the title history after the specific deed you refer to was endorsed. Were there subsequent deeds on title? Was there a will? In all likelihood, your deceased brother’s estate will require a probate for your former sister-in-law to assert her interest. However, from what you are stating, it doesn’t sound as if you will be selling your property soon without an attorney’s assistance. I am sorry to learn of your circumstances, but deeds are legal instruments that have far-reaching legal consequences and should not be completed ‘lightly.’

A: Generally, challenging the foreclosure should really be brought during the redemption period. Courts have ruled that once the homeowner does not have standing (right to bring an action) to bring an action after the redemption period has expired, there is no longer a mortgage on the property, so there is no further interest. Federal law gives you some remedies through the Federal Consumer Protection Act or Bureau. At the very least, 2 years from the date of the foreclosure sale would seem like the appropriate statute of limitations unless there was fraud committed.

A: Piercing the corporate veil refers to a special instance where the court holds the shareholder or director of a corporation personally liable for the corporation’s debts. Piercing the corporate veil is also known as veil-piercing, disregarding the corporate entity, or lifting the corporate veil and exposing the owner to personal liability. The corporate veil can be lifted, and penalties can be inflicted upon the person representing the company because the owner is not meeting their corporate duties under the law, most likely because they are co-mingling business and personal funds or they are not keeping corporate minutes and procedures. They treat their company as a personal asset, hiding behind it for liability protection, but it really is just their ‘alter ego,’ and the owner is not doing anything in furtherance of their corporate responsibilities. You need to consult with your business attorney immediately to avoid potential personal liability.

A: After the redemption period expires, if you wish to purchase the property back, you need to approach the foreclosing lender or the investor who purchased the sheriff’s deed at the sale. It is not automatic. Your rights have been extinguished. If the investor wants to sell the home back to you, you will need to negotiate the price and terms. Otherwise, prepare for an eviction.

A: If you are in a flood zone, it should be disclosed. Moreover, if the buyer obtains financing with a government backed loan such as FHA or VA, the underwriter will require a flood certification. The buyer will know eventually. In a conventional or alternative loan transaction, where the flood certification is not usually performed, I recommend that buyers have a flood certification so that there are no surprises later as flood insurance is expensive to obtain.

A: Generally, the power of attorney must address the right to deed that specific property. In Michigan, the power of attorney must be filed with the county in which the property sits. It is also best to have a third party witness the signing of the deed, since at a later date, if you have other siblings interested in the home, they may contest the legal sufficiency of the transaction.

A: I don’t recommend selling your home to a third party if the home is somehow involved with the business. Normally when real estate is involved in litigation, it is considered a fraudulent transfer in anticipation of litigation, if you sell the home to get it out of your name and avoid judgement creditors. If challenged, it can be undone by the court and you could be held in contempt of court. So, it could be argued that as long as there is a different intent behind why you are transfering the home, then it is not a fraudulent transfer. However, if there is any relationship between the home and the business agreement, then I would advise against it.

A: You have to wait until the 90-day redemption period is over. You could have the court declare the property abandoned, however, depending on how far along you are in the redemption period, it may not be cost-effective. A court hearing might be scheduled soon before the redemption has expired anyway. You do have the right to inspect and protect your property during the redemption. As for selling the property, there isn’t a title company that I am aware of that will insure the title when the property is still in redemption. A way to close it would be to have the land contract buyer provide you with a quit claim deed, canceling any further property interest.

A: You should photograph the tenant’s personal items, set them in a safe place, and send a notice to any forwarding address in the event that she claims she is coming back to pick up the items. You have the right to secure and repair anything in the unit, but again, photograph any ‘before and after’ repairs and deduct the costs from her security deposit. You need to exercise caution because landlord – tenant law can get tricky, and you do not want to get into a situation whereby the tenant accuses you of “Lock-Out,” which has significant damage penalties for a wayward landlord.

A: You first need to limit your options and consult with a Real Estate Attorney. This is not an easy situation to unwind if you have a mortgage securing the additional acres. However, it can be done if the additional acreage did not add any significant value to the home. (Usually a home is appraised on the first 5 acres.) You should definitely have a competent real estate attorney (not a criminal attorney or a personal injury attorney—a real estate attorney) review the papers before you do or concede anything to any “claimants” about this property.

“A: Sure, the title agent will be responsible to the buyer to clear the lien by paying off your line of credit. Then, the title company will soon be coming after you with a lawsuit. If you knew of the credit line and failed to disclose it to the agent, you will be held legally accountable. They will rightfully want the money back from the additional proceeds disbursed to you at closing. Do the right thing.

A: That sounds unusual and I would need to know more, but generally, a judgment for divorce or an outstanding and valid power of attorney can both work to allow the transfer of title without your signature. A title underwriter can look to the filed divorce decree to make that decision without your further involvement.

A: From your fact pattern, it sounds like you are saying she lost the property to ‘tax foreclosure.’ If this is the case, she no longer has an interest in the property and can’t evict. However, if the landlord still has her interest in the property (she may have been given the right to still redeem the property tax delinquency in Wayne County) then this will not negate your obligation to the landlord under the lease.

A: Depending on the amount of the balance owed, it is very possible to negotiate a settlement even though you have a judgment against you. Seek professional assistance to do it the proper way. You may be able to get the interest waived or reduced. Additionally, you may be able go back into court and request an instalment payment arrangement if the creditor refuses to cooperate with you.

“A: This is a very sensitive area of law and one must tread lightly under the law or face huge financial and legal consequences. To prove slander of title under the common law, a claimant “must show falsity, malice, and special damages, i.e., that the defendant maliciously published false statements that disparaged a plaintiff’s right in property, causing special damages.” Federal Nat Mortg Ass ’n v Lagoons Forest Condo Ass ’n, 305 Mich App 258, 269-70; The aggrieved party must show that a claimant must “knowingly file an invalid lien with the intent to cause the plaintiff injury.” Michigan Nat Bank & Trust Co v Morren, 194 Mich App 407, (1992) To show malice, one must show either express malice,” which “implies a desire or intention to injure,” or implied malice,” which means “a wrongful act, done intentionally, without just cause or excuse…” Glieberman v Glieberman v Fine, 248 Mich 8, (1929). Malice cannot be proven if the claim “was asserted in good faith, upon probable cause, or was prompted by a reasonable belief that [the opposing party] had rights in the real estate in question…” Id. So having an interest in the property by way of a purchase agreement, is a valid reason to file a claim, however, there is ONE caveat, and that is the purchase agreement must state that the buyer has the right to file this claim. Otherwise, to assert an interest in a property and have a legal right to the property, one has to file an action in court requesting declaratory relief, asking the court to award the property to the aggreived party.

A: Generally, in Michigan, stating ‘Married’ in the warranty deed will have the same legal effect as having a joint tenancy with rights of survivorship. Deeds contain “magic” legal language, and if the vesting clause (how grantees receive title) is not appropriate for the grantee’s circumstances, then it is important to speak up right away, contact a real estate attorney. Do not complete the transaction until you know for certain that the vesting language is how you wish to hold title.

A: Highly unlikely. Without anything in writing, the landlord could claim that you paid a non-refundable fee to hold the unit. This is why people need to reduce their agreements to writing, especially in real estate. You could still go to small claims court.

A: There is a rebuttable presumption against the conveyance or transfer of the home to your step-brother since he may have had what is known as ‘undue influence’ over your step-dad. He has to prove that your step-dad freely gave the property willingly over to your step-brother in the last weeks of his life, where he may have felt vulnerable. It is his burden to prove this. Unfortunately, you have to go to probate court to assert a civil action against your step-brother. Just so you know, there were other means to protect your step-dad’s property from this situation and it did not involve having a will. Consult with a real estate or probate attorney on this matter further.

A: First, you should definitely consider a durable power of attorney specifically drafted for your real estate transaction. In fact, property law will require a specific power of attorney to name this property, if you are incapable of signing documents yourself because of your medical condition. Pre-signing closing documents is a bad choice and not recommended, because real estate transactions and related documents change frequently, even at the closing itself. See your attorney to have a specific power of attorney drafted.

A: You should still try to fix the foundation problem during the time that you are pursuing a legal action. This is kno wn as “mitigating your damages.” The law requires that a party who has experienced a loss or harm take reasonable steps to decrease the extent of their losses rather than sitting back and letting the losses pile up. This theory applies to a wide range of legal issues, and is especially prevalent in property damage claims.

A: First, your father should give you an assignment of the land contract provided that the land contract terms allow for an buyer’s assignmen t. Most Land Contracts wi ll have favor rable terms for the seller to be able to assign their i nterests, but this is not typical for buyers. Second, a deed is worthless as your father does not have a title in his name. It is still with the seller. A deed (quitclaim preferably) would do very little at this time. Finally, a lender will most likely require that you should be on title for at least 12 months before you could finance the property in your name. Get the seller to approve the assignment of the land contract in your name as buyer, and make verifiable payments under the land contract for 12 months, then you can get a valid deed upon the payoff.

A: You can decide to just take the Seller’s warranty deed, which warrants to the buyer that the seller guarantees their title is clear. However, in the event that you need to actually call upon the Seller to make good on their guarantee, who is going to reimburse you for the significant monetary costs for defending a lawsuit ? The title insurance is the policy that pays for the legal costs when going to court to enforce your claim. The cost -benefit analysis cannot be emphasised enough – pay for a title policy. So many things can go wrong in real estate, and having this insurance is invaluable.

A: First, you should know that unless the land contract prevents a party from assigning over a contract to another party, then the assignment itself is valid assuming you are also notified of the assignment. Secondly, the new assignee to the land contract will need to honor the terms of the land contract. The only time a balance is due under a land contract is where a buyer’s default exists, or where there is a balloon payment due. So, which one is it then? If it is neither, the new assignee of the land contract cannot now call the land contract due simply because he is the new assignee and where the buyer is in compliance with its payment terms and other provisions.

A: Your next legal steps will be dependent on the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement, to remove your name from the home. Additionally, you may want to bring a copy of the divorce decree to your tax assessor, who may be able give you the exemption nonetheless. You can only have one principal residence at a time and so the exemption is available for only one of the properties.

A: Yes, it is legal. Realtors can credit or reduce their commission to the buyer or even seller in a closing to cover closing costs. This should not be confused with a real estate agent sharing their commission with an unlicensed person, which is illegal. Also, ‘kickbacks’ are a violation under federal law (ReSPA). For instance, a title company cannot pay the realtor a fee for referring a seller or buyer. Still, this would be different than a title company reducing or waiving their closing fee for a buyer or seller.

A: Certified mail or certificate of mailing is the best way to prove that you provided notice to another party of a legal concern. More importantly, you always have to refer to the notice provisions of the contract. Even if you could prove that your email was sent and received, if the contract required you to provide notice through another method, it will be unlikely that you can prevail on the argument that you provided valid notice.

A: For a deed to be valid, it has to be accepted or delivered. Your brother and mother received title as tenants in common when they purchased the condo. So his estate has a 50% interest in the property. Unless he has made a will, his interest will be need to be probated and the rules of intestacy will prevail. Who gets his interest will depend upon his direct relationships and whether he was married or not.

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: Generally speaking, a property can be considered abandoned when it is determined by a court officer or a court with proper jurisdiction, that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to proceed with caution as you do not want to lock someone out of the home believing that they ‘abandoned’ the property. You can subject yourself to a serious lawsuit for ‘lock out’ which can be VERY expensive. Contact a competent real estate attorney before you proceed further.

A:  You may want to consider a private access agreement or an easement to preserve the previous informal arrangement. There is a saying that ‘you can pick your friends, but not your neighbors (and relatives.) If you don’t formalize access, your new neighbor could prevent you from accessing your well and cost you thousands to replace your well. Seek a real estate attorney for the proper easement.

A: Whether or not the ‘Guru’ is liable to you will depend on the contract and also on the extent of the due diligence that you undertook on your own. Before purchasing a property, the buyer should always take a ‘due diligence’ period to inspect the home and verify the municipal codes that regulate rental or investment property. If the ‘Guru’ was acting as your agent, then they may have a fiduciary duty to you. But if they are acting merely as a seller, then they may or may not have an obligation to you. A real estate attorney should review your contract to determine legal responsibility and available legal remedies against the ‘Guru,” if any.

A: In Michigan, not every estate must go through the probate procedure. This is because with proper estate planning, assets can be disbursed outside of a probate action. So probate may not be necessary if the deceased left behind a modest estate with few assets. However, a beneficiary or immediate relation such as a child or parent can dispute legal documents that purport to convey assets before a death. So it is critical to first speak with a lawyer to determine whether a probate action is required in your particular circumstance before you make allegations of fraud.

A: Good question. These items that you wish to have, such as a non-compete or a non-circumvention contract, are documents that should really be agreed to at the time you and your partner did your initial business deal – so PRIOR to the actual dissolution of a company and not during a dispute. Coming to terms with these items during dissolution negotiations will definitely make things more difficult for the parties, but “Yes” these items can still be settled and agreed to as part of the termination of the business relationship.

A: Generally speaking, if you initially took the mortgage out as a primary residential mortgage (or owner-occupied home) and you LIVED in the home for at least a year, there should be no issues with you moving out and renting the house. This is far different than selling a home on land contract, which would invoke a “due-on-sale” clause in your mortgage agreement and it would be cause for the lender to call your mortgage due and payable immediately. You should have an attorney review your mortgage documents further if you are unclear about how your mortgage provisions apply to you.

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A: We are very sorry for your loss. Generally speaking, the ex-spouse has no authority to do anything related to funeral arrangements for the ‘son’ unless your deceased son left a will stating otherwise. The father or parents have the right and authority to conduct funeral arrangements for the son. If the funeral home has issues with that, then a probate court order will be necessary.

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A: Your issue with the property line is between you and your neighbor. It has nothing to do with the contractor. The Contractor has a relationship with the neighbor. Your legal rights are against the neighbor in an action to quiet title (if it escalates to that) but the contractual relationship is between the neighbor and the Contractor. If the Contractor made a mistake, they are obligated to the neighbor to correct it. They have no obligation to you.

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A: Generally, most purchase agreements call for the seller to leave their property “broom swept.” If you made several attempts to contact the seller either directly or through their real estate sales agent, you shouldn’t have to do any more for them. If it were me, I would give them 30 days to pick up their items, hold on to it for 30 days and then dispose of it. Failing to leave the property “broom swept” is a violation of the agreement.

A: The language related to “sole survivor” likely relates to the actual conveyance language and how the grantor conveys their legal interest to the grantee. This is sometimes called “vesting language.” Deeds do have “magic” language in them, so how property is granted and what the deed says will certainly affect a person’s legal rights to a particular property. You should have a real estate attorney review the deed so that you understand your current property rights. That being said, building restrictions, among other things, can be found in “restrictive covenants.” Restrictive covenants are often referenced in deeds, and so you may or may not be allowed to put a structure on the property. Only a licensed and well-informed real estate attorney can review the deed in question and give you legal advice on how to proceed further.

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 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: 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: 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: 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.

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 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.