Real Estate Lawyers for Dearborn, Michigan

Hi, Without reviewing the entire lease it is difficult to give a thorough answer, but it is likely legally permissible. In Maryland, the rules for rent increases vary based on the type of lease. For leases longer than a month, landlords must give a notice of 90 days. If a lease is between a week and a month, a 60-day notice is needed. Oral leases of a week or less require just 21 days' notice. For leases with a written contract of one week or less, only a 7-day notice is required. These rules ensure tenants have enough time to plan for changes in their rent, and can move if necessary. Refer to the Renters' Rights Stabilization Act of 2024 with a licensed lawyer for more information.

To be clear, the mortgagor is the person taking the loan and giving the creditor a security interest in real property. The mortgagee is the creditor, typically a bank. Which court document depends on what type of proceeding you are involved in. If you are asking about a foreclosure action, the mortgage instrument is typically filed with the petition/complaint initiating the action. However, I'm an Oklahoma attorney, not a Georgia attorney, so I don't know if the same requirement applies to filings in your state. However, that's what is typical. The problem is that the loan is often sold, so the promissory note and the mortgage are assigned to other companies. The manner in which that happens varies by state. There might be attachments showing the documents were assigned to other financial institutions who presumably bought the note and mortgage. Those are usually pages attached to the back of the mortgage agreement. Also, there is a company called the Mortgage Electronic Registration, Inc. ("MERS") that tracks ownership of loans without making a separate assignment each time a loan is transferred from one financial institution to another. In a MERS case, there is typically a statement from MERS, often in a long legalese document called an affidavit. Somewhere in that affidavit, it likely says who the present owner is. Alternatively, the affidavit simply verifies that some other document is a true copy of their business records, and THAT document will have the mortgagee information. For more detailed information, you will need to take whatever documents you have and whatever case information you have (especially the case number) to an attorney in the state where the property is located, preferably in the county where the property is located. Good luck!

Hi there, Generally, a landlord cannot unilaterally terminate a land lease agreement before the end of the agreed-upon term—especially if the lease is for a fixed period like 5 years—unless the lease specifically allows for early termination or you, as the tenant, have violated the lease terms. Here is what you need to know: Understanding Your Rights as a Tenant: Fixed-Term Leases Are Binding Contracts: A 5-year lease creates a legally enforceable agreement. Unless the lease contains an early termination clause, the landlord is bound to honor the full term. Landlord Cannot Terminate Without Cause: If you are in full compliance—paying rent on time and following the lease terms—the landlord typically has no legal authority to terminate the lease early without breaching the agreement. Review the Lease Terms: Carefully review your lease for: Termination clauses Conditions for default or breach Notice requirements These will determine what rights the landlord may—or may not—have. You May Be Entitled to Remedies: If the landlord attempts to terminate without proper grounds, you may be able to: Enforce the lease and stay on the property Seek damages for any losses you incur due to early termination File a legal action for breach of contract, if necessary Early Termination Negotiations (Optional): In some cases, parties can agree to a mutual termination with compensation, but this is entirely voluntary and should benefit both sides. I recommend consulting a real estate attorney to review your lease and protect your rights. If you are operating a business on the property, there could be additional legal protections available to you depending on the nature of the lease and local laws. Feel free to reach out if you would like help reviewing your lease or exploring your options. Best regards, Jerome Lucas Newell, Esq. Real Estate & Business Law Attorney

Hello. First, I would like to say I am sorry for your loss. Regarding your question, I can provide a more general type of answer since more specifics are needed to determine the rights of you and your mother. The ability to continue with a forbearance program under these circumstances depends on the type of program applied to this loan. For example; the COVID hardship forbearance program applies to ALL federally backed and federally sponsored mortgages (HUD/ FHA, VA, USDA, Fannie Mae/ Freddie Mac). Depending on the loan type, a total of 18 months of forbearance may be applied to the loan. If the bank applied a different type of forbearance program, there may be different stipulations and mandates. Therefore, it is important to know what type of forbearance program is being applied and what the stipulations are. In any event, forbearance is an agreement by the bank to not do something (such as place the loan in default for missing a mortgage payment) for some stipulated period of time. The mere fact that your father is the only person listed on title and has passed away, may not change that agreement especially if the loan is federally backed. This is because although many loans and forbearance agreements contain a due on sale transfer provisions, federal law prohibits enforcement of these provisions for federally backed mortgages when the transfer is death related. Thus, depending on the circumstances, the bank may be prohibited from immediately accelerating (requiring "the missed payments all at once").

Your options should be set forth in your purchase and sale agreement. Most agreements provide for amendment and/or cancellation if issues are discovered and not corrected during the due diligence period or short period of time thereafter PROVIDED the seller has been placed on notice in accordance with the terms of the agreement. Regardless whether the sales agreement is amended, verifying and ensuring that the legal descriptions in the final closing documents contain a references to the survey should suffice.