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Real Estate

Matters involving real estate reach far and wide, from boundary disputes to ownership of former railroad right-of-ways.  The attorneys at Stull & Associates have handled numerous disputes regarding real estate and its various facets, including transfers of interest in property, financing, deeds, mortgages, relationships between owners, partition and landlord tenant matters, to name a few.

Cathy Stull is a licensed real estate broker and has been a real estate investor almost as long as she has been an attorney. With first-hand experience, she brings both know-how and perspective from both sides of the table and then uses that perspective to help clients address a broad scope of real estate issues.

Frequently Asked Questions

Real Estate Matters

What local public resources are available regarding real estate?

 

 

What types of real estate cases has Stull & Associates handled?

Stull & Associates has handled numerous cases involving real estate, including, but not limited to:

  • Representing multiple landowners in obtaining abandoned property along a railroad right-of-way across three counties.
  • Property line disputes between neighbors including farms, homes, and vacant property.
  • Partition law suits where a co-owner seeks to divide property owned by more than one person.
  • Enforcement of Easements.
  • Trespass causing damage.
  • Negligent construction representing a homeowners who were unable to resolve disputes with builders.

Commercial and Residential Leases

Why would I hire an attorney to review “standard” or “form” documents?

Standard and form documents are just that, standard, and they are not written for individual situations.  In many cases, you, as a party to the contract can negotiate better terms or modify terms to meet your unique situation.

I am a landlord and my tenants are not paying rent, what can I do to receive rent money?

Generally landlords begin the eviction process by sending a notice and, if the tenant still has not paid when the time in the notice expires, the landlord begins eviction proceedings by filing a complaint with the local District Court.  If the property is owned by a company, you must hire an attorney to represent you in court.  Allow Stull & Associates to represent your interest.

What if I am a tenant and I am being evicted?

Stull & Associates does not generally represent residential tenants, however, we can provide referrals.  The State of Michigan Provides general information such as Tenants and Landlords, a Practical Guide.  Additionally, Legal Services of South Central Michigan often represents tenants at no cost if you qualify.  MSU also offers services though the MSU College of Law Housing Clinic.

Foreclosure

How does an individual foreclose a mortgage?

An individual holding a mortgage can foreclose in a manner similar to a bank.  However, there are several steps and you should hire an attorney to ensure that you comply with all State and Federal laws regarding foreclosure.  Additionally, we may be able to assist you in working with the other party to create a plan to avoid foreclosure while still securing your interests.

I have decided to rent my farm land, can I just use the one paragraph lease brought to me by the potential farmers?

Drafting a new, comprehensive lease setting forth the duties and obligations of each party is better resolution.  Stull & Associates has experience as both the landlord and the tenant, let us use that experience to protect your interest. 

Mortgages and Land Contracts 

I want to sell a parcel of real property that I own, can an individual hold a mortgage or a land contract?

Yes.  It is not uncommon for an individual to sell real property on a land contract or under a mortgage.  There are comprehensive laws and regulations regarding the terms of land contracts and mortgages.  Allow Stull & Associates to assist you in protecting your interest in you real property.

What are the differences between a mortgage and a land contract?

The main difference is who holds the title to the property.  When you enter into a mortgage, the title to the real property is transferred to the buyer via a deed.  When you enter into a land contract the seller maintains title to the property until the buyer pays the entire purchase priced.  There are several other differences including that generally no banks are involved with a land contract, the seller can more easily evict a land contract holder for non-payment, and land contracts do not normally have any effect on a buyer’s credit.

Should I obtain title insurance if I am buying a property on land contract?

Yes.  It is optional, but we always recommend that you obtain title insurance and you should also consider obtaining a survey to ensure that you know where the property lines lie.