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When we bought our home in Michigan almost 20 years ago.

Customer Question
When we bought our...

When we bought our home in Michigan almost 20 years ago. Aside from the Mortgage, we had a promissory note through one of the investors(because the property would not appraise for the asking price) After moving in we had major unknown improvements that the investor left out. He agreed to forgive the promissory note(all verbal). No payments have ever been made on the note and we thought he removed it from the title. We are in the process of selling the home and the promissory note is still on the title. Everything I have read says the Statute of limitations is six years. How do I have this removed from my title so I can sell my home?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has any paperwork been filed?

The Promissory note was file in 1999

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
12/7/2017
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 4 months ago
ok, thank you.
Customer reply replied 4 months ago
I was sent an email that said your responded. I don't see a response
Lawyer: legalgems, Lawyer replied 4 months ago

Sorry; I was trying to find a sample petition; one moment please.

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Customer reply replied 4 months ago
not a problem
Lawyer: legalgems, Lawyer replied 4 months ago

So essentially once the 6 year statute has expired
(case law here: http://www.michbar.org/file/opinions/appeals/2006/101706/33512.pdf)

relevant code here:

http://www.legislature.mi.gov/(S(oesip2m4e4bylcjxkbtafx3y))/mileg.aspx?page=getObject&objectName=mcl-600-2932

Here is a sample complaint that can be used as a template:

https://www.ccfj.net/CourtFLPalmAirequiettitle.pdf

Generally the homeowner will first request a satisfaction and release from the party, as that makes the court more likely to award attorney fees incurred in the quiet title action if they determine the party denied the request without adequate justification.

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Lawyer: legalgems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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