Legal Question in Real Estate Law in Michigan

Can I be evicted from a home that was quitclaim to me due to unpaid rent that was told not to be payed to the original homeowner, by the homeowner during the process of us process of selling the house to me?


Asked on 11/07/12, 10:19 pm

1 Answer from Attorneys

Jeshua Lauka David & Wierenga, P.C.

At the onset, I would advise you seek legal counsel right away and provide whatever documents you have in your possession for the attorney's review.

Your question raises many questions, but let me just state that a quitclaim deed is not the same as a "warranty" deed. I am presuming that the homeowner did not give you a "warranty deed" because he could not warrant that its title was clear of any mortgages.

Who is trying to evict you? As indicated above, I am presuming that the original owner had the property mortgaged through a bank and the bank is foreclosing or has already foreclosed and it is the bank that is trying to evict you. If this is the case, a mortgage foreclosure extinguishes all interests in the property that are "junior" to it, meaning, recorded after it. Your quit claim deed is only good to convey "all interest that the homeowner had at the time."

My answer is presuming a lot, since there are a lot of open questions. Again, I would seek an attorney's advice immediately.

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Answered on 11/08/12, 5:56 am


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