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Cami2010

quit claim deeds and land contracts

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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.

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"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.

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