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  1. #1
    Join Date
    Feb 2013
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    2

    Default Rights to Home After Owner Filed Bankruptcy

    My question involves real estate located in the State of: Michigan

    4 years ago I moved into a condo under what started as a land contract. I put down 10k but never closed due to issues with the condo that I wanted fixed prior to closing. Made a few payments to the owner while waiting to close but I found out from neighbors that the owner filed for bankruptcy. I stopped making payments and awaited word on what to do next. I have an affidavid, and all kinds of paperwork saying I live there, and the my name is under the county as owner of the property. I have kept up the property but did not pay taxes although taxes were paid... not sure by whom. Oct. 2012 another company bought the vacant condos in the complex which included mine. They are taking me to court for eviction. The paperwork portrays me like I squatted after they acquired the property by forcing myself in.
    My questions are: Do I have a case to keep my home? What options do I have?

    - - - Updated - - -

    Im sorry I forgot to add that the owner, before he left, drew up a lease and told me to live out the 10k I gave him down on the lease. But the lease, however, does not mention how much I gave him or for how long the lease is for. But I do have his signature. I dont know if it makes a difference.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rights to Home After Owner Filed Bankruptcy

    and the my name is under the county as owner of the property.
    are you saying the seller created a deed transferring title to you and it has been registered?


    Oct. 2012 another company bought the vacant condos in the complex which included mine.
    If title was transferred, how are you suggesting somebody bought the condo if you didn't sell it to them?


    Im sorry I forgot to add that the owner, before he left, drew up a lease and told me to live out the 10k I gave him down on the lease. But the lease, however, does not mention how much I gave him or for how long the lease is for. But I do have his signature. I dont know if it makes a difference.
    If you have a lease, how are you suggesting you are listed as owner of title?

  3. #3
    Join Date
    Feb 2013
    Posts
    2

    Default Re: Rights to Home After Owner Filed Bankruptcy

    Im sorry for confusion, its confusing to me as well. Ill try my best to clarify. My name is not on the deed. when I gave him the 10k land contract down payment prior to moving in, there was a purchase agreement, property transfer affidavit, and transfer of ownership signed by all parties. Still we did not close with a mortgage as we waited for things to get fixed, so we signed a lease in my home privately. After hearing of the bankruptcy, we went to the county and they showed us that it was in my name I guess as far as the county is concerned... not sure at what I was looking at. But I do know my name is not on the deed, but it was a land contract so I wasn't expecting one. Thanks and I hope that helps.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rights to Home After Owner Filed Bankruptcy

    we went to the county and they showed us that it was in my name I guess as far as the county is concerned... not sure at what I was looking at.
    what office of the county is making this statement? A register of deeds will not render an opinion of title. At best, if it is the register of deeds, they might tell you there is a deed registered with your name on it. The only other office I can think of that you might be speaking with would be the tax office. Who they have listed as responsible party is irrelevant as far as ownership goes.

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