Legal Question in Landlord & Tenant Law in Michigan

non- payment of land contract

Hello,

In Michigan I have a house that I had a notorized land contract with my nephew. The payment were made directly to my mortagage company. I have recieved a letter from the company stating the payments are 2 months and soon to be 3 months behind.

I have contacted my nephew who refuses to pay, he said take me to court. I don't have that kind of money and want him out of the house. What is my steps to do this.


Asked on 8/20/08, 4:07 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: non- payment of land contract

You will have to go through the formal/standard eviction proceedings to get him out. the first step is by sending him a 7-day notice (a Michigan court form) to get out or pay the amounts owed, and then if he doesn't, you can file your complaint on the 8th day. You will need a lawyer to handle this matter properly, and due to you being out of state.

You may also be required to send him a notice of his default under the land contract - I'd have to review the contract to determine what legal steps you are required to take.

I would suggest you commence things immediately as the whole process can take 1 month depending on the court.

If you want to retain me to assist you, please contact me via email.

Thanks.

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Answered on 8/20/08, 4:11 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: non- payment of land contract

Unfortunately, to get him out of the house, you are going to have to go through the court system to do it. The other answerer is right that it would be best to have an attorney do this so that you don't have to physically go to Michigan for every single court date. You might have to appear once if a trial is necessary and you have to testify as to the facts of the case.

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Answered on 8/20/08, 5:04 pm


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