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quit claim deeds and land contracts


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#1 Cami2010

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Posted 12 June 2010 - 05:40 PM

Hello,


I wanted to sell my Michigan house with a land  contract last year . I'm from Europe and i dont know all the English words so I trusted a lawyer to help me do this correctly. The lawyer that wrote the contract wasalso  the lawyer of the person that I was trying to sell the house to.


My intention was to sell the house with a land contract for the remaining balance  of the loan. Everything went very fast.. I signed a paper and i told the lawyer that I wanted to make sure the he specify in the contract that  if the tenant misses 3 payments that I would get the house back .The insurance for the house  was on my name and I added  the tenant.The loan was in my name . 


Two weeks ago the house burned down.  i wanted to find out what my rights were so I went to a different lawyer. Well I was shocked when I discovered that I had signed  a Quit Claim Deed, not a land contract which is what I thought i had signed . This new lawyer and my insurance adjuster told me i had actually "gave the house away as a gift" and yet I was still  responsible to make the payments .  I later found that this Quit Claim Deed had actually never been registered with Oakland County. Also, the insurance company  specified that the check would  be made out to me, the buyer, and the mortgage lender. .


So my question is  can i file a complaint  about the first  lawyer?  What are my rights regarding this house and the insurance reinbursement?


Thank you.



#2 Fallen

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Posted 14 June 2010 - 10:11 AM

"The lawyer that wrote the contract wasalso  the lawyer of the person that I was trying to sell the house to."


Well, define "was also the lawyer of the person that I was trying to sell the house to" -- which came first, and more details might be relevant.

You're free to google "attorney discipline Michigan" to point you in the right direction about an ethics complaint to the state bar.


"I signed a paper ...."

The word "paper" is awfully vague; later, you refer to a quit claim deed.  Seems to me such a paper would, if not have the title "quit claim deed", be pretty clear about what you were doing.  And if you didn't understand what it meant, you shouldn't have signed it.


"The insurance for the house  was on my name and I added  the tenant."

Doesn't sound like a "land contract" if you're referring to this person as a "tenant".


"I later found that this Quit Claim Deed had actually never been registered with Oakland County."

That's good, because it may be that the attorney you used is holding it aside until the person pays for the house.


"Also, the insurance company  specified that the check would  be made out to me, the buyer, and the mortgage lender. ."

This can hardly be surprising if you named this "tenant" as an additional insured on a policy (though why you would, I've no idea).


"So my question is  can i file a complaint  about the first  lawyer?"

Sure, but that shouldn't be your first concern.

" What are my rights regarding this house and the insurance reinbursement?"

Sorry, but you can't expect strangers to give you definitive answers from a message board simply based on what you've posted.   If the attorney you took all the paperwork to and gave information to didn't summarize your position here, then you need to talk with a different real estate attorney.  For starters, someone should be communicating with this first attorney about the deal if you don't have all the relevant paperwork.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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