Real Estate Attorneys Help Fight Fraudulent Deed Scams in Michigan

Are you victim of a fake deed scam? Our real estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. stand ready to help you.

When recording deeds in Michigan, MCL 565.201 provides the register of deeds with recording provisions (e.g. margin size, paper size, color of ink, notary requirement, font size, page size, address information, drafting information, etc.).  Michigan statutes don’t require any register of deeds to be an arbiter of fact. MCL 556.201 specifically provides that “[a]n instrument that complies with the provisions of the act and any other act relating to the recording of instruments shall not be rejected for recording because of the content of the instrument.”  Consequently, it is not a duty of the register of deeds to compare signatures or confirm/verify the notary information or signature. Even though MCL 565.201 requires that certain provisions be met including that deeds are notarized, and the sole purpose of a notary is to prevent fraud, it’s no different than any other statute. It can be violated by fraudulent actions.

 

Fraudulent deeds can only be handled and resolved by a court order which can take several months and be costly for the property owner to re-gain its lawful title.  Usually there’s not coverage available through a homeowner’s insurance policy that applies to this type of fraud.

Learn more about what you should do if you’re the victim of a fake deed scam here.

Get Started Today: Schedule Your Consultation!

It can be very complicated and tricky if you don’t know how to navigate these types of situations. Our competent Real Estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, PC, can help you understand this process and file your case. 734-665-4441 

What You Should Do if You’re the Victim of a Fraudulent Deed Scam in Michigan

In recent news, a nefarious company attempted to foreclose on Elvis Presley's former Graceland home in Memphis, Tennessee. The fraudulent investment and private lending company claimed that Lisa Marie Presley, Elvis’s only daughter, used Graceland as collateral to borrow money and failed to repay the loan. The fraudulent company forged her signature on legal documents, and eventually claimed the title to Graceland.  After filing suit alleging fraud, the court halted the foreclosure, but not all attempts to defraud a landowner are as easily noticed and litigated.

These cases are not unique to only the rich and famous; it can, and does occur in communities such as Washtenaw County. Information about family members can be easily accessible online, especially when sources of personal information such as obituaries are published.

Fraudulent deeds can only be handled and resolved by a court order which can take several months and be costly for the property owner to re-gain its lawful title.  Usually there’s not coverage available through a homeowner’s insurance policy that applies to this type of fraud.

 

Learn more about what you should do if you’re the victim of a fake deed scam here.

 

Washtenaw County does have a monitoring program, with information available here: https://ssclerk.ewashtenaw.org/web/fraudGuard/disclaimerPage.  If you’re a victim of a fake deed, real estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. are experienced in recovering real estate to the rightful owners using handwriting experts and other evidentiary means to prove ownership.

What You Need to Know About Mortgage Foreclosure Sales

A mortgage document contains a power of sale clause that has become operative by reason of a default in the condition of the mortgage. The mortgage company hires a debt collector to manage the process by notifying the mortgagee, arranging for the property to be sold through the county Sheriff’s office where the property is located, and post the appropriate auction sale notices on the property, and for publication in the legal newspaper of that county. The Sheriff's office will conduct the sale through an auction where bids are placed starting with a minimum bid of the amount due on the mortgage. Ultimately, the property will be sold to the highest bidder. 

Learn more about mortgage foreclosure sales here.

 

Get Started Today: Schedule Your Consultation!

 

It can be very complicated and tricky if you don’t know how to navigate these types of situations. Our competent Real Estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, PC, can help you understand this process and file your case. 734-665-4441 

What is a Mortgage Foreclosure?

Mortgage foreclosure is a non-judicial action to sell a property through an auction facilitated by a county Sheriff’s department. This type of action is commenced by a mortgage company or lender (Mortgagee) when a property owner or borrower (Mortgagor) falls behind in their mortgage payments, doesn’t make any other payment arrangements, and doesn’t wish to keep the property.  Eventually, the account goes into default. 

Learn more about mortgage foreclosure sales here.

 

Get Started Today: Schedule Your Consultation!

 

It can be very complicated and tricky if you don’t know how to navigate these types of situations. Our competent Real Estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, PC, can help you understand this process and file your case. 734-665-4441 

The State of Michigan Provides Rental Assistance Program

For over a year, the federal and state government, put in place moratoriums on evictions to help blunt the impact of the Covid pandemic. These moratoriums, along with aid to renters and other Covid assistance, helped prevent a repeat of the mass of foreclosures and evictions that marked the Great Recession. Even though millions of people were laid off en masse during the pandemic, these steps held off the feared explosion in evictions. Now that the moratoriums have ended and aid programs have run their course, bills are coming due. 

Need federal assistance? Learn more here!

Get Started Today: Schedule Your Consultation!

If you’re facing eviction after moratoriums ending, there’s financial assistance available to you. Contact our real estate attorneys in Ann Arbor to answer your questions. 734-665-4441 

Facing Eviction? Get Federal Assistance!

In March of 2021, the Michigan State Housing Development Authority (MSHDA), using Covid relief funds from the federal government, created the Covid Emergency Rental Assistance (CERA) Program. This program is run through local non-profit organizations, and provides rental assistance for up to 15 months.

The basic requirements for the CERA program are straightforward: 

1. A tenant must make less than 80% of the area median income
2. Must have suffered a financial hardship as a result of Covid,
3. Must be at risk of homelessness or housing instability. 

If a tenant is approved, they can receive rental assistance for up to 15 months, with the amount per month being their monthly rent, capped at 150% of the fair market rent for the area, as determined by the U.S. Department of Housing and Urban Development. 

Learn more here!

Get Started Today: Schedule Your Consultation!

If you’re facing eviction after moratoriums ending, there’s financial assistance available to you. Contact our real estate attorneys in Ann Arbor to answer your questions. 734-665-4441