Michigan Real Estate Legal Questions

If you sell your home on a land contract, you will trigger the "due-on-sale" clause of your mortgage.  That means your lender could demand the entire balance due immediately.  If you couldn't pay it, they could foreclose.  Your only options are to get written approval from your lender, or sell the house to the land contract vendee and have the vendee assume the mortgage -- both of which require you spending some time on the phone trying to find a human with enough authority to give you what you need.  Finally, get it all in writing, and have it looked-over by an attorney before doing anything. Vince DeMarco owenlaw@comcast.com... Read More

Your state law will have the final word on whether it is possible -- but (if the property is to become your homestead) I think you have misunderstood something.  If the current title is your name and your father's name and your wife purchases it, that means title will go to your wife and your name -- and that of your father -- will be removed from the title.  If your wife then applies for a mortgage loan in her own name, (if the property is homestead) it is my opinion that the state law will require you to sign the mortgage just to validate it.  Your signing the mortgage alone will not result in your owning any interest in the property and will not impose any debt on you.  It will merely validate the mortgage. If the property is NOT homestead for you and your wife, it is quite possible that she could take title in her name alone and execute a mortgage to finance the purchase all without a need for your signature.  Your state law will confirm whether this is so. A short conference with a good real estate attorney near the property will dispel any uncertainty about these questions.... Read More

You're in a bad place!  It is probably too late now to deal with the question of whether your place was really a nuisance, and whether the cost is excessive.  I'm sure the city now has a lien on the house for the cost of the roof.  If it is not paid, I would be surprised if the city does not have a mechanism in place to enforce the lien in the local courts.  The only way to avoid a sale of the property -- for the purpose of paying the debt -- is to get the debt paid.   It may be that terms can be worked out but you probably need a lawyer in Sterling Heights to try to negotiate terms for you.   If you truly think the city was unreasonable and oppressive in its treatment of you, there is always a possibility of seeking a remedy in court.  But, if you go that route, you will have to have good proof that the city's data was wrong and your information (about the condition of the damaged roof and how long it had been left without repair, and associated facts) is more reliable.  The cost is going to be substantial to litigate and the outcome is probably going to be negative.  I don't recommend litigation unless you really, really have good evidence to support your position.  Unless you know a Sterling Heights lawyer, consult a lawyer in your home town and ask him to help you find a good lawyer in Sterling Heights.  You need to explore payment terms.  ... Read More

You don't say whether your ropes equipment is for your personal use or if you are allowing/encouraging others to use it.  If the former, you should set up "no trespassing" signs and/or "keep off the property" signs. If, however, you are inviting others to use the ropes (whether as a paying customer or as a means of entertainment), the situation is very different.  In that case you WANT people to use the ropes and you are asking is there a way to limit your liability if someone gets hurt.  There is no way to absolutely protect yourself from a lawsuit if someone gets hurt on your ropes.  The only way to even limit your liability would be to require each user to sign a release before using them.  The document should be drafted by a competent attorney, but even then, there are still possibilities for suits - even successful suits.  ... Read More

The life estate will remain so long as your father lives, whether he uses the place or not, but he should have the legal ability to release it if he wants to.  Have you asked him?  If he is willing to release his life estate, consult a good real estate attorney about getting a proper release drawn up.  Unless there is unusual language in the deed establishing the life estate, a release should be a simple and inexpensive procedure.  ... Read More

The question is really "is there a likelihood that he will sue you?"  After all, he is the one asking that you spend your money for his benefit.  You have said nothing about him holding your damage deposit, if you made one.  I will therefore assume he is not holding any of your money to apply it to this purpose. It is not uncommon for landlords to use a damage deposit to pay for clean up, or painting, etc even if the place is spotless.  That is an unfair and oppressive practice, but is commonly done.  If he is not holding any of your money, and is making demands on you even though you no longer live in the state, there is no practical way he can make you pay.  Send him a polite letter explaining why you do not feel you owe him for the items complained of and then ignore him.  It is very, very unlikely that he will sue you for the costs -- because it would cost him too much to do so.  I cannot, of course, absolutely guarantee you that he will not file suit, but it seems very, very unlikely.  ... Read More

The answer will almost certainly be found within the text of your association governing documents.  Read them carefully.  If you do not understand the meaning of those provisions that seem pertinent to the question, consult a good real estate attorney.  The comfort of knowing exactly where you stand on the question is well worth a modest conference fee.   If the governing documents do not seem to address the question, the board should rule on the question.  In that event, it seems to me that three considerations should be at the forefront: (1.)   Restrictions on pets are probably designed in part to contain noise and other annoyances caused by pets.  What kind of pets are involved here and what is the likelihood they will annoy the neighbors?  (2.)   Restrictions on pets are possibly designed in part to help preserve the quality of the homes within the neighborhood.  Homes are sometimes damaged and defaced by pets thus detracting from the overall appearance of the subdivision.  The owner should be consulted.  (3.)   Bottom line -- there would seem to be no discomfort in denying a                     ... Read More

You do not give any information about what has prompted the question.  Are you considering moving away and just leaving it with them?  Are you concerned about what happens after your death?  The answer to your question may be influenced by the particular facts. If you die, the ownership of the property may well go to your boys under your will (or by State law if you leave no will).  In that event, the lender would surely not be concerned with anything other than receiving its money.  How the title becomes vested as a result of your death would just have to be agreed upon by the boys.  If they don't make the payments, they would lose the property to foreclosure. If you are thinking of just moving away and leaving it with them, things will work out probably differently.  It is doubtful (though not necessarily so) that the boys will like the idea of making payments on property they don't own.  And the bank will certainly foreclose if they don't make the payments.... Read More

By saying you and your sister bought a home "14 y ago", do you mean "14 years ago"?  The time frame probably doesn't change the nature of your problem but it does have a bearing on how much equity has been built up in the home. When you and your sister bought the home, the two of you became the owners.  If you alone have paid the mortgage payments, then you have simply created an asset that the two of you own in equal shares.  There is no way you will be permitted to refinance the loan without her signature.  You should see a good real estate lawyer right away to explore a means to remove your sister's name.  If she will not voluntarily release her interest to you, the law of your state will hopefully permit a suit based on equitable principles to require a transfer of her interest to you.  If that is not possible, perhaps a court ordered "sale for division" will get the job done.  In such a suit, you could probably purchase her interest for a modest price.  The longer you permit this situation to exist, the more complex and expensive it will become.  You should see a good real estate lawyer soon.  ... Read More