QUESTION
Selling of family land to brother.
Asked on Jul 26th, 2016 on Residential Real Estate - Michigan
More details to this question:
my uncle sold his land to my father. My uncle created the document. He made himself the grantor and my father the grantee, knowing full well that my father would have no recourse when selling the property. Is there anything we can do to get full title to land??? Since we acted in "good faith" in trying to help my uncle. Your reply would be appreciated. Is there a particular document that needed to be used?
1 ANSWER
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Cunningham Dalman
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If your uncle conveyed the property to your father in a deed identifying the uncle as grantor and your father as grantee, your father may have good title to the property. Your question implies you have found a title defect but does not indicate a reason for that.
You should obtain a title insurance commitment if your father is selling the property. It will identify the title holder and any exceptions to title. If it identifies your dad as the title holder with no exception relating to your uncle, you may not have a problem. If it identifies your uncle as title holder, then you will need an attorney to look at the document from your uncle to your dad and see where the problem arose and, based on that, what can be done to fix it.
Randy Schipper
Answered on Aug 01st, 2016 at 6:35 AM