Real Estate Law
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Hello and thank you for your question.
Which State is your property located in?
Thank you for the clarification.
Is there a lien on the 7.5 acres?
The portion of the house on the 7.5 acres has no lien?
So you would like the lender to remove the house?
I am not sure that I understand your question.
Is there an incorrect legal description on the mortgage? Causing the foreclosure to be improper?
Can you tell me if the legal description is incorrect
on the mortgage
You stated half the house on the 5 and the other half is on another property under separate deed?
If 1/2 of the house is situated on property with no mortgage lien that is an issue for the lender.
What claim does the lender have to house on that part of the land?
That is why I am asking of you if the lender has the proper legal description.
I don't see how the lender can foreclose on the 1/2 of your land that has no lien
Has the home already been foreclosed?
I am not as interested in the approval of the location of the house and as I am with the title of the land.
You may have a quiet title issue here.
Is the problem with building the fact that 1/2 of the house is on the 7.5?
I see. In essence the lender is encroaching on your land with 1/2 of the house
I think they have an issue because part of the house is on land that they have no legal claim to
You will have to take action against them
This is an interesting situation. When I stated initially if you wanted the lender to move the house I was serious in the sense that they do not seem to have a clean and clear case.
They seem to own half which makes impossible to foreclose the whole. You are going to want to sit down with a local real estate foreclosure attorney. Have your deeds and mortgage documents and ask them to review to see if this foreclosure was proper. There are attorneys that provide free consultations and should be able to tell very quickly if you have
a good case.
Where in Michigan? Let me get you some attorney information with free consultations.
Can you hold on for a moment?
I think there is a real question in this situation that may be in your favor.
There are a few at this link that provide free consultations http://lawyers.findlaw.com/lawyer/firm/real-estate-law/muskegon/michigan
Take a look at the firms and attorneys that you may be interested in contacting.
The you can cross-reference them with the Michigan Bar Association at http://www.michbar.org/programs/lawyerreferral.cfm
I am going to give you another link for Martindale Hubbell. They provide excellent information on attorneys and firms including peer review ratings
Do you have any additional questions for me?
I am happy that I was able to assist. Please feel free to return to this question at anytime with any follow up questions that you may have for me at no additional cost to you.
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