Legal Question in Real Estate Law in Michigan
Property deed registered but a break in the chain of title is stopping me from g
I recently purchased a house from a private seller, I paid the taxes and registered the warranty deed into my name. When I applied for a home equity loan the title search indicated that the property is in the State of Michigan's name. How do I go about gaining ownership of something I already paid for? I also recently purchased homeowners insurance is it valid if the house is in the State's name?
1 Answer from Attorneys
Re: Property deed registered but a break in the chain of title is stopping me fr
There are two basic types of warranty deed. You must determine, possibly with the help of an attorney, which one you have
A warranty deed uses the term "warrants" in the body of the conveyance. Unless exceptions are listed in the document, sthe seller warrants to the buyer that the interest the buyer is receiving is fully vested in the seller and there are no exceptions to the title. To the extent an exception exists, the seller is personally liable for teh buyer's damages.
Warranty deeds are the most common form of deed in use. In any arm's-length transaction in which the seller holds legal title, the buyer should demand a warranty deed.
A second type of warranty deed is called a "Limited Warranty Deed" or Deed "C". It provides a reduced warranty of title. The warranty given will vary with the situation. An example given is thta a land contract seller may give a limited warranty deed after the final payment under the land contract. The seller will normally except any liens or encumberances that the buyer created. Fiduciaries will also limit their warranty to just the period they controlled the property. Limited warranties are most commonly found in commercial and fiduciary transactions. Contact a lawyer and/or a title company to review your situation.
Regarding the homeowners insurance you should probably keep this in force because you most likely have an equity position in the house and could lose all of your investment if there were a catastrophe.