David E. Nykanen’s Answers

David E. Nykanen

Farmington Hills Real Estate Attorney.

Contributor Level 7
  1. I am being sued for not being able to pay my second mortgage. My house was foreclosed on and I don't have the income to pay the

    Answered over 3 years ago.

    1. David E. Nykanen
    2. Paul S. Magy
    3. Scott P. Zochowski
    4. Michael James Wang
    4 lawyer answers

    The foreclosure of your first mortgage extinguished the LIEN of the second mortgage, but it did not extinguish the debt. If you do not respond to the Complaint, a Default Judgment will be issued against you and in favor of the lender. The lender will then be able to pursue you for payment, including issuing garnishments against your income and/or bank accounts, and other methods. You should respond to the Complaint by hiring an attorney and attempting to negotiate a payment plan, if feasible....

    2 lawyers agreed with this answer

  2. I haven't received my itemized list of damages, even after requesting it. What is next step?

    Answered over 3 years ago.

    1. David E. Nykanen
    2. Daniel Robert Hamad
    2 lawyer answers

    In Michigan, the Landlord is required to provide to you an itemized list of damages within a certain period of the end of your tenancy. The Landlord's failure to do so in a timely manner waives the Landlord's right to retain any portion of the security deposit under Michigan law. However, given the small amount of the withheld deposit, it would be too expensive and cumbersome to pursue any claims. Send one demand letter, and then move on.

    1 lawyer agreed with this answer

  3. How to change the name that appears on a property's title?

    Answered over 3 years ago.

    1. Daniel Robert Hamad
    2. David E. Nykanen
    2 lawyer answers

    You would need a deed from the corporation to the individual. If there are other shareholders in the corporation, there may need to be consideration paid. If not, a quit claim deed for $1 may be sufficient. However if there is a title policy upon which you want to rely, you may want to consult an attorney. Also, if there are either transfer taxes or a transfer for property tax purposes, you may want to consult an attorney to see if there is a way to structure the transaction to avoid these issues.

    Selected as best answer

  4. Tenants split up and one left rented furniture and want me to let the rental company in to return it...

    Answered over 3 years ago.

    1. David E. Nykanen
    2. Paul S. Magy
    2 lawyer answers

    Once the tenant surrendered possession, assuming he signed a Judgment of Eviction, or notice surrendering possession, he has no remaining right to possession of the property. This is his problem, not yours. I would notify him that you can not let the rental company in, as you have no current right of possession for the property, and that he should deal with the remaining tenant. And do it in writing or e-mail, not verbally.

  5. Who is held responsible for a defaulted loan with two signing individuals?

    Answered over 3 years ago.

    1. David E. Nykanen
    2. Dorothy G Bunce
    2 lawyer answers

    If the friend is having his wages garnished, that means he was sued, and a judgment was entered. A garnishment order can't be obtained until a judgment has been entered. Did the lender sue the wife as well? Are they still married? Theoretically, if both signed, then they are jointly and severally liable, which means the lender can go after 1, the other, or both, at his option. Your friend could, theoretically pursue a contribution action against the wife for her share of the debt. This...

  6. Can I file an affidavit of death of a joint tenant with the County Recorder in state of michigan?

    Answered over 3 years ago.

    1. David B. Fordyce
    2. David E. Nykanen
    2 lawyer answers

    First, record a copy of the death certificate with the Register of Deeds. Second, execute and record a Deed from yourself to your living trust. This Deed should reference the previous recording of the death certficate, referring to its Liber and Page. Alternatively, you can attach the Death Certificate as an exhibit to the deed to the trust, and reference it. Confirm that you are the present beneficiary of your trust, so that the Taxable Value of the condo is not inadvertantly uncapped.

  7. What are reasonable expectations of a tenant when landlord is selling leased property?

    Answered over 3 years ago.

    1. David E. Nykanen
    1 lawyer answer

    The answer to this will be controlled by two things: (1) the language of your lease; and (2) North Carolina law. I am not licensed in North Carolina, but I can tell you that TYPICALLY, state laws would not cover this issue, and it would be governed by the language of the lease. I suspect the landlord does not have the right to force you to "declutter," and may not even have the right to have showings without your consent. I would carefully read your lease, and contact a local attorney or legal...

  8. Can my landlord keep harassing me for after rent payments?

    Answered over 3 years ago.

    1. David E. Nykanen
    1 lawyer answer

    Your landlord likely believes she has to continue sending those letters to protect herself. I would suggest to the landlord that you amend the lease to provide that the utilities overage will be included in the following month's rent. If she is not amenable to that, I would ignore the tone of the landlord's letters, and simply pay her what you are obligated to pay her. Note: I am not licensed in NC, and there may be a specific statute that the landlord is relying upon, or that impacts this...

  9. Good Morning. Our business has been on a month to month lease. With our rent payment, we gave him a 30 day notice.

    Answered over 3 years ago.

    1. David E. Nykanen
    1 lawyer answer

    Landlord-Tenant law is very state specific, so I would advise you to contact an attorney in Texas. However, generally, state statutes prohibit "self-help", i.e. locking out a tenant. In addition, in many states the Landlord would be required to go to court and obtain a Judgment of Eviction prior to changing locks. If the Landlord did lock you out, you may have legal recourse to obtain possession, and for damages, if any.

  10. What would a real estate lawyer do in this case?

    Answered over 3 years ago.

    1. Andrea Sheinbein
    2. Daniel Robert Hamad
    3. David E. Nykanen
    3 lawyer answers

    I'm not clear on what you mean by a "cash buy from oversears (but with an American bank), so I can't address that part of the question. It appears there are two transactions here: 1. The purchase of the home. You would want a purchase agreement. A lawyer would want to review the purchase agreement, review any surveys, the title work, and the closing documents, to protect the purchaser. 2. The loan from your parents. Your parents may want a mortgage against the home, to secure their debt,...