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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3547
Experience:  25 years of experience in general practice, real estate law and estate law.
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Recently our home with foreclosure. We made attempt to work

Resolved Question:

Recently our home with foreclosure. We made attempt to work with our mortgage company but they won't work with us. The home sets on five /acres which was finance with the mortgage company. We own 7 1/2 acers which is joined with the 5 acers. We had the 7 1/2 acers surveyed and the property line goes right through the house. The township and the mortgage company approved placement of the house. What do we do? We want to build on our 7 1/2 acers.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Attorney2 :

Hello and thank you for your question.

Attorney2 :

Which State is your property located in?

Customer: Michigan
Attorney2 :

Thank you for the clarification.

Attorney2 :

Is there a lien on the 7.5 acres?

Customer: No
Customer: Separate deed
Attorney2 :

The portion of the house on the 7.5 acres has no lien?

Customer: Yes 1/2 the house sits on 5 acres as well and other half on the 7 1/2 acers
Attorney2 :

So you would like the lender to remove the house?

Attorney2 :

I am not sure that I understand your question.

Customer: What are options? We would like to keep the house if possible
Attorney2 :

Is there an incorrect legal description on the mortgage? Causing the foreclosure to be improper?

Customer: Half of the house is on the 7 1/2 acres that we own and the other half of the house is on mortgages 5 acers
Attorney2 :

Can you tell me if the legal description is incorrect

Attorney2 :

on the mortgage

Customer: No the mortgage deed is for 5 acres and house. We
Attorney2 :

You stated half the house on the 5 and the other half is on another property under separate deed?

Customer: yes
Attorney2 :

If 1/2 of the house is situated on property with no mortgage lien that is an issue for the lender.

Customer: So what do we do?
Attorney2 :

What claim does the lender have to house on that part of the land?

Customer: i don't understand the question?
Attorney2 :

That is why I am asking of you if the lender has the proper legal description.

Attorney2 :

I don't see how the lender can foreclose on the 1/2 of your land that has no lien

Attorney2 :

Has the home already been foreclosed?

Customer: yes they same description but when we built the mortgage company and the township approved of the house sie.
Customer: yes it was on june14
Attorney2 :

I am not as interested in the approval of the location of the house and as I am with the title of the land.

Attorney2 :

You may have a quiet title issue here.

Attorney2 :

Is the problem with building the fact that 1/2 of the house is on the 7.5?

Customer: the 7 1/2 has its on deed and the 5 acres with house has its own deed as well
Customer: yes
Attorney2 :

I see. In essence the lender is encroaching on your land with 1/2 of the house

Customer: what is a quiet title issue?
Customer: can they force us out of the house with this problem?
Attorney2 :

I think they have an issue because part of the house is on land that they have no legal claim to

Attorney2 :

You will have to take action against them

Customer: Where do we start?
Customer: who do contact or who do we call?
Attorney2 :

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.

Customer: does that mean they own half the house and we own the other half?
Attorney2 :

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

Attorney2 :

a good case.

Attorney2 :

Where in Michigan? Let me get you some attorney information with free consultations.

Customer: montague or Muskegon area
Attorney2 :

Can you hold on for a moment?

Customer: yes
Attorney2 :

I think there is a real question in this situation that may be in your favor.

Attorney2 :

Hang on.

Customer: okay
Attorney2 :

There are a few at this link that provide free consultations http://lawyers.findlaw.com/lawyer/firm/real-estate-law/muskegon/michigan

Attorney2 :

Take a look at the firms and attorneys that you may be interested in contacting.

Customer: okay I will check it out thanks
Attorney2 :

The you can cross-reference them with the Michigan Bar Association at http://www.michbar.org/programs/lawyerreferral.cfm

Attorney2 :

I am going to give you another link for Martindale Hubbell. They provide excellent information on attorneys and firms including peer review ratings

Attorney2 :

http://www.martindale.com/Products_and_Services/Peer_Review_Ratings.aspx

Attorney2 :

Do you have any additional questions for me?

Customer: No not at this time thank you for your help! You have been very helpful.
Attorney2 :

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.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3547
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you for using JA!

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