I've been renting for seven years and found out my landlord name isn't on the deeds or taxes
As others have stated, the place to start is with the lease or rental agreement. It may very well tell you the connection between the owner and the person/entity to whom you have been paying rent. You have a right to ask the party to whom you have paid rent what their interest is in the property. Ask them that question. Just because something is not in writing between the owner and their agent doesn't mean there isn't an agreement that allows the situation to be as it is. It could be one relative doing it as a favor for another. So ask some questions and see what you can find out. Good luck!See question
House was left to the grandchild. The house goes to foreclosure non payment of taxes can an unrelated person get a warranty deed to stop any legal actions on the property even though the house is still in the deceased name and the grandchild never...
Short answer - no, a deed will not stop a tax foreclosure. In fact, who would be able to give anyone a warranty deed since the owner of the house has died? If there is no probate, the house cannot be transferred until a probate estate is opened. Was there a will? If not, it would not automatically go to a particular grandchild, but rather, the court would look at who is entitled to inherit when no will is present. If there is a will, get a probate file opened, get someone appointed as a personal representative, then figure out the best way to deal with the back taxes before you lose the house altogether. This may require some financial participation by the grandchild. But you won't know that until you talk to a lawyer about how to get things moving in the right direction. Right now, any do-it-yourself actions could make things worse and guarantee that the house is lost for unpaid taxes. Find a probate attorney and schedule a consult as soon as possible! Good luck!See question
I filed bankruptcy Lil over 4 months n now I have a judgement on my credit can they do that?
When was the judgment entered? If before you filed, then the debt underlying the judgment is discharged, but the fact that a judgment was entered is still part of your credit history. If the judgment was entered after you filed bankruptcy, was this particular creditor (or their attorney) listed as a creditor? If they were listed they should have received notice of your filing, which should prevent any further collection action such as entry of a judgment. Talk to your bankruptcy attorney about this, they can look into it and determine the best way to deal with it if it is a violation of the automatic stay and/or the discharge order.See question
Wondering if can volunteer a pension not 401 k to creditors during bankruptcy so the trustee can pay creditors.
You would benefit from an initial consultation with a bankruptcy attorney, so you can fully understand what your rights are, and the attorney can better understand why you want to "volunteer" pension monies to pay creditors. You do not want to put yourself in a position where through some action you take you turn an exempt asset into a non-exempt asset. Exempt assets are those that are protected to some degree or other by the bankruptcy laws. A classic example is a 401K. Assets in a 401K are exempt, meaning, you could have $100K in a 401K and neither your creditors nor the bankruptcy trustee can touch it. It is something you can keep as part of getting your "fresh start" after going through bankruptcy. Taking money out of a 401K before filing makes the money fair game for creditors and the trustee. Even if you used it to pay off a loan (like to a relative) the trustee can recover the money from that creditor to use to pay all your creditors. So your good intentions could actually create more problems than they solve. So consult with a bankruptcy attorney who can understand what you want to accomplish, can explain whether it makes sense, or if you might refrain from acting until your bankruptcy is concluded. Most attorneys offer a free initial consult - avail yourself of that option to get the information you need. Good luck!See question
I am interested in connecting with homeowners that have had their houses foreclosed upon and buying their “Right of Redemption” in Oakland County Michigan before it expires. Is there some way to Information on houses that were foreclosed upon. T...
The Legal News or Legal Advertiser were the papers that list all the foreclosure notices. It may even be available on-line so check there first before getting a subscription. As stated elsewhere, not all the foreclosures end up going to sale. But the ads will tell you the property, the date of the sale, and also give you contact information for the attorneys handling the foreclosure sale and their file number. So if you have specific homes you want to monitor, call the attorney's office a few days after the foreclosure sale to inquire whether the sale was held, and if so, was the lender the successful bidder and what was the sale price. The attorneys normally are quite helpful with this information, because anything they can do to help get the house sold and their client (the lender) paid is looked on favorably by their client. Be mindful, however, that if you buy a right of redemption, and then redeem, you take the house "warts and all" from a physical as well as a legal perspective. If there is a second mortgage, then that needs to be dealt with. If there are unpaid taxes, same thing. So you almost need to have a title search performed to know what legal pitfalls might await. Here again it might not hurt to ask the attorney handling the foreclosure if they had a title search done and what did it show. Any information is better than none, and if you can get it from someone who has already done the legwork it saves you time and money. Good luck!See question
Land issues and property
The types of issues you face may help you locate an attorney to meet your needs. If the issues are landlord/tenant matters, a collection law firm may be able to handle those types of cases on a regular basis. Where are the properties located? Hiring an attorney in metro Detroit for properties in Jackson or further out-state may not be convenient either for you or the attorney - and if the attorney has to travel long distances to do legal work for you, you will pay for that use of their time. Do you just want someone you can call on the phone to discuss issues with, who can identify potential problems and suggest solutions? Many attorneys will enter into a monthly retainer agreement, where you pay them monthly to be available if and when you call with questions. The retainer is paid for their availability to you in a timely fashion - you would likely also be billed for the time spent on the phone for these discussions. So as you can see there are a number of factors that will go into your selection process. You would do well to interview a number of attorneys near you who could tell you whether they can meet your needs, and find out what their costs would be for the services anticipated. Once you have gone through the process you will be able to make an informed decision about who to enlist for your legal needs. Good luck!See question
We have a land contract coming due in a few months, and we have financing to pay it off in full. However, there is a forfeiture judgment of several thousand in back payments mixed with other debts associated with the house also coming due sooner. ...
Obviously the seller has other expenses besides just principal and interest that are included in the judgment, which they are entitled to recovery. But they should be able to calculate a payoff that incorporates the judgment amount, so your lender will know that by issuing one check to pay off the land contract, a deed will be given that names you as the title holders. You may want to file a motion with the court that issued the forfeiture judgment, asking that they compel the Seller to provide a payoff amount that will allow you to schedule a closing and complete the process. And the way to encourage the Seller to attend such a hearing is to provide your own best estimate of what a payoff should be, based upon your own calculations. That way, if the Seller thinks they are owed more, they will have to show up to make their case for a higher amount. If they don't show up, then the court can issue an order that upon payment of the dollar amount listed, the Seller shall issue a deed free and clear of any further encumbrances, consistent with the land contract. You have a limited amount of leverage if the Seller is not cooperating, but the Court can always hold the Seller in contempt of court if they do not cooperate. The possibility of jail time can help focus them on doing the right thing. Good luck!See question
I am in a property dispute with a neighbor who says she has a claim for acquiescence. I do not believe that is true because the house was part of a Sheriff's Deed a few years ago. Can you tell me any cases that prove this to be true or false?
The sheriff's sale would not necessarily affect the rights this neighbor may have acquired in some fashion. Likewise, if she has no ruling from a court as to the exact nature of her interest, she doesn't have squat. As this issue could turn on the facts, you need to have an experienced real estate attorney review those facts, and the title to the property as to whether anything relating to the neighbor's claim has been recorded. Once the neighbor's claim is reviewed in this context, you will have a better idea how to respond going forward. Good luck!See question
This is a quick overview of the situation. We moved out of MI state in 2005 and our house went up for short sale but ended in a foreclosure. We got a 1099A in 2006. Recurrently started to get phone calls from ARCP holding about the mortgage and no...
If you got a 1099 then there should be no debt left to be collected. So either ARCP (whoever THEY are) is either running a scam or violating debt collection laws. It would not hurt to discuss the matter in detail with an attorney, and by no means do you send them any money. Good luck!See question
My husband has been diagnosis with Alzheimer's and we just did our wills etc. here in TX. However my husband bought some land in Munising, MI not far from Marquette, MI that he put a Airstream travel trailer on in 2011 that is in his name alone t...
It can be handled by a real estate attorney, through the mail, if they have all the needed information. your husband would sign a deed from himself, to himself, but granting himself a life estate, after which, the title would pass to whoever is designated in the deed. Often called a Ladybird Deed. The attorney who prepares the deed here would send it to you for your husband to sign, have his signature notarized, then the deed could be sent back to Michigan to be recorded with the County Register of Deeds office. Whoever drafts the deed here will need to be confident that the wishes of your husband are what is being followed - if he no longer has the ability to make such decisions for himself, you may have to get yourself appointed as his Conservator by the probate court in Texas, so you can proceed with the deed on his behalf. Also, the Airstream trailer will have a title, like a vehicle, and you may want to look at that to make certain it can pass without having to go through probate upon his death. Title could be transferred to you and him jointly, and this is done via the Secretary of State. If you have the title document with you in Texas you could have him sign it and transfer it to the two of you jointly, I'd just suggest touching base with the Secretary of State first, and i am assuming there is no loan taken out on the trailer that would have a lien on title. Good luck!See question