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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7306
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I met my obligations in a land contract realestate

Customer Question

I met my obligations in a land contract realestate transaction for judgement of posession & the vendor refused the legal tender I had available prior to the judgement expiration. I was then forcefully removed from my residence. I would like to file a lawsuit against the court that wrongfully disobeyed the mcl 565.361 act 237 of 1879 under Sec 11. As well as a lawsuit against the vendor under the same mcl act for refusal to convey deed after it has been fully paid.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: I have not filed anything. I do have a lawyer but I am unsure of how I am in the situation that I am in.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Please help.
Submitted: 8 months ago.
Category: Legal
Customer: replied 8 months ago.
Even though I feel the judicial system made a wrong decision, I would only like to file a lawsuit vs the vendor...I do not have the time nor effort to try to win a lawsuit vs a court system, even though I know that they neglected to follow the mcl act. So I will only need assistance with filing a lis pendin and lawsuit vs the vendor
Expert:  Irwin Law replied 8 months ago.

Good morning in Michigan. I would like to assist with your question. I agree with your decision not to sue the court. You would be wasting your time. With regard to the real estate contract, I need to know exactly what kind of lawsuit was filed previously and how the court judgment reads. If you can scan it and attach a copy that would be very helpful. The date the judgment was entered is also important.

Customer: replied 8 months ago.
Hello,I will try to get you up to date on my situation...please review carefully, I really need your help.I was given a notice of default of land contract.I urgently requested payoff financing from Chemical Bank.The mortgage officer emailed me that all of my financials and credit qualifications were approved to finance the balance requested. However, the seller would not release the payoff amount statement, so they could not close the loan...I was furious!Later, as I will discuss below. I acquired financing through a second bank, Independent Bank, again, the seller would not release the payoff statement.After this I was very skeptical of the sellers disregard to follow the Michigan law " mcl 565.361 land contracts act 237 of 1879" so I acquired a lawyer.My lawyer and their lawyer met for mediation, I believe. I requested a jury trial. But my lawyer opted not to...and instead...Then...A judgement of possession was issued to me from newaygo county judge. This was a 90 day requirement where I was to pay approx 36,000.00 or I would lose possession of my property.I knew I could acquire financing again and had a gut feeling something was very wrong. so I kept all of my documentation and correspondence and let all parties involved know what I was going through. They told me to not give in.I went to Independent Bank to acquire financing for the second time. This time Independent Bank provided a clear to close letter and scheduled a closing date...independent bank knew that chemical bank could not get the sellers to release the payoff statement and decided they would issue the clear to close in hopes to get the sellers to appear and fulfill their requirement by law.The closing date was scheduled prior to the Judgement deadline date and I have all documentation of this. I had the full amount of the judgement order ready and waiting for the seller to fulfill their requirement by law.The independent bank closing officer notified the seller & sellers attorney of the closing. The sellers attorney even acknowledged the closing date prior to the closing via email. The seller also acknowledge the closing date by signature of a hand delivered written notification prior to the closing date.The seller nor their attorney appeared at the closing to fulfill their requirement by law.Get this, Approximately 3 days later, possession was granted by the newaygo judge to the seller. I had no idea this was happening and I was forced to leave work to get all of my possessions out of the rain.The property in question is my vacation home. So the notice was sent to this property and not my primary residence. However, all other correspondence was delivered to my primary residence. I only knew this was happening because a family member called me to let me know this was happening.I have all above statements & occurrences evidenced through:supporting emails from all banking officers involved, stating I have been ready, willing and able two times to payoff the balance prior to the date of the judgement of possession.Emails evidencing that the seller is withholding payoff information on two separate occasions.All payment stubs during 5 yr period made on time.Please help! My current lawyer seems to be making things worse!I would like to take action asap! With a lis pendin and law suit. Unfortunately, I do not know nor am capable to do this alone. Please help.I would like to file counts based on: (And pursue double the amount as entitled in the sections below.)565.361 mcl land contract act 237 of 1879 (Sec 11)Refusal to convey deed as contracted in land contract after full amount has been paid. Sec 44 of 1846 rs 65, mcl 565.44Please let me know what I need to do asap.Contact***** *****ph Olewinski (###) ###-####**@******.***
Customer: replied 8 months ago.
Judgment of order of possession
Expert:  Irwin Law replied 8 months ago.

The judgment that you sent me is extremely difficult to read. Appears to be a final judgment for possession after a contract forfeiture. I cannot make out the date that it was entered, (it looks like 2010??) but if it is a final judgment in a court of record, which it appears to be, then your only course of action would be to either appeal it to a higher court or pay the judgment as ordered. It appears that you want to file a new lawsuit to try the case second time, but the facts would be the same as in the first case. There is a legal doctrine entitled res judicata which prevents that from being done. Once a case has been tried and judgment entered, you cannot sue to retry the case. I don't know what pleadings were filed by your attorney prior to the judgment, so I have no basis for ascertaining whether the judgment was correct or not; however, the chances of court agreeing to re-try the same case are extremely slim, and perhaps even none.

Customer: replied 8 months ago.
I had a closing date scheduled and funds available prior to the judgement deadline date. But the seller did not show to the closing.
Expert:  Irwin Law replied 8 months ago.

Based on that fact, I would think in terms of a motion to the trial court to vacate and set aside the judgment. They actively interfered with your ability to meet the court's requirements. These are just general ideas for which you are going to need a very sophisticated and experienced litigation attorney. I believe that trying to start a new lawsuit against the owners will be met with a defense that will get the case dismissed. This is a case for professionals, not amateurs, so don't even think about trying this without a good lawyer.

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