Legal Question in Civil Litigation in Michigan
loan to family member
We loaned our son money to pay off his house using our house as collateral. He and his girl friend both signed an agreement we drew up between us which we had noterized. They made payments the first year but are now more than $6,000.00 behind in payments. Can we file this agreement with the court in their county in Michigan where they live. Can we take them to court and force them to sell if they don't pay us?
5 Answers from Attorneys
Re: loan to family member
You can file suit and get a judgment.
Re: loan to family member
you can certainly file suit against them here in Michigan. However without a mortgage, you cannot claim a lien nor force them to sell, as you put it. Visit www.kliszlaw.com to discuss getting started. Tim Klisz
Re: loan to family member
File the agreement in the courthouse with the Register of Deeds in the county where the house is located.
It's unlikely that you'll get any immediate satisfaction from this unless the house is worth more than the outstanding mortgage.
Also, check your local county's register of deeds to discover any liens on your property.
Re: loan to family member
You should consult with an attorney, as your remedies and actions are dependent upon exactly what type of agreement you have in writing, and whether your lawsuit would be based on breach of contract, and/or if you have an interest in the property; an attorney also needs to review contracts/agreements/mortgages between you, your son, and any lenders, as you may not have had authority to put your house up as collateral.
Should you desire to hire a lawyer, please feel free to contact me.
Re: loan to family member
what does the loan documents say? Where do you live? Where do they live? Feel free to call or e-mail me if you wish to discuss this matter further.
Scott behren