Legal Question in Landlord & Tenant Law in Michigan

I live in a home that I paid for 14 yrs ago, I purchased from my mom. During this time I was ask by my mom if she could take a loan out on my home I had brought from her three mouths earlier that. The same year. It was told by her that she would be paying her loan each month till paid off. Again would I mind, I told her I didn�t because I wasn�t the one who had to pay it back? The house was never put in my name.

At six months into this she asked me if I could help her pay on her loan, again I help until help went on to be me paying the whole thing now, for 14 years. Now that I want to move and leave me to my son, my mother will not pay the loan she took out and told if I didn�t the house will go into foreclosure.

My heart is truly broken behind all of this, the only proof I have to me making payments all these years is I had monies coming from my checking automatically each month."

I NEED HELP" getting my home back, what can I do at this point.

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Asked on 12/05/10, 6:09 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your question makes an excellent point of demonstrating why people need to hire an attorney, BEFORE they buy someone's house, and start making payments on someone else's mortgage. The loan is in default, and someone will have to pay the mortgage. If you decide to do this, you will need to sue your mother to quiet title in your name. You will have to prove that an oral contact existed, AND that you paid a substantial amount of money in reliance on that agreement. Since oral contracts are not recognized in real estate transactions, the reliance and proof of payment will be critical to your case.

If the loan isn't paid, the bank will take the house, and without a court decision that you really own the property, you have no standing as a party to the foreclosure, except as a renter. Even if you could establish that you own the house, the bank will still foreclose, because now you trigger the "due on sale" clause of your mother's loan.

The only bright side of this, is that the foreclosure will go on your mother's credit report instead of yours.

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Answered on 12/11/10, 5:08 am


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