Legal Question in Civil Litigation in Michigan

My mother passed away and in dealing with her home that has a mortgage on it, i have found a problem. in 2005 she did a refinance for a home, the loan application lists a residential loan for her home, an appraisal was done on the home and the mortgage contract starts out listing the home address and parcel number correctly the says see legal. the contract is 15 pages and is numbered 1 to15 then a seperate piece of paper was inserted with legals. this page is not numbered, intialed or signed by anyone and on the page it picks up the legal of another piece of property my mom owed. because this was not discovered till her death the mortgage company says they have legal right to both parcels. is this true? the second property was free and clear. this legal description is a copy of the second page of a warranty deed done years prior when the land was split into two parcels and a land contract was paid off.

Asked on 10/09/10, 9:20 am

Shelly Schellenberg MI & FL private practice

0 users found helpful

0 attorneys agreed

The bank does not have the right to both parcels. This sounds like a real mess that will require a real estate attorney to sort out.

Answered on 10/16/10, 11:46 am

Keywords

Match Any Match All

Country

State

Area of Law