Notice - Dinauer vs Cowles - 12/11/24

STATE OF MICHIGAN, IN THE CIRCUIT COURT FOR THE COUNTY OF BAY. File No.: 24-3449-CH. DENNIS N. DINAUER and MARCI A. DINAUER,
Plaintiffs, vs. SARA M. COWLES, GABRIEL H. COWLES, LILLIAN COWLES, ABIGAIL DERROR, MALLORY COWLES, BRAYDEN COWLES, and KIRA COWLES, Defendants. SMITH & BROOKER, P.C.; BY: Charles T. Hewitt (P39724), Attorneys for Plaintiffs, 703 Washington Avenue, Bay City, MI 48708; 989-892-2595. ORDER GRANTING MOTION FOR SUBSTITUTED SERVICE. Upon Motion of the Plaintiffs for an Order of Substituted Service, the court having reviewed the Plaintiffs’ Motion in support thereof, together with the Plaintiffs’ Complaint, IT IS HEREBY ORDERED that the Plaintiffs shall publish this order, together with the Complaint and all attachments, in the Pinconning Journal for three (3) consecutive weeks, and that the Plaintiff shall file a Proof of Service confirming the dates of publication. Dated: November 16, 2024. Signed: HONORABLE JOSEPH K. SHEERAN (P28575).
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STATE OF MICHIGAN, IN THE CIRCUIT COURT FOR THE COUNTY OF BAY. File No.: 24-3449-CH. DENNIS N. DINAUER and MARCI A. DINAUER, Plaintiffs, vs. SARA M. COWLES, GABRIEL H. COWLES, LILLIAN COWLES, ABIGAIL DERROR, MALLORY COWLES, BRAYDEN COWLES, and KIRA COWLES, Defendants. SMITH & BROOKER, P.C.; BY: Charles T. Hewitt (P39724), Attorneys for Plaintiffs, 703 Washington Avenue, Bay City, Ml 48708; 989-892-2595. COMPLAINT TO QUIET TITLE. Plaintiffs, Dennis N. Dinauer and Marci A. Dinauer, through counsel Smith & Brooker, P.C., in support of their Complaint state as follows:
1. Plaintiffs are residents of Bay County, Michigan.
2. The property which is the subject matter of this Complaint is located within Bay County, State of Michigan.
3. Defendant Sara M. Cowles, based upon information and belief, is a resident of Mancelona, Michigan, located in Kalkaska County.
4. Defendant Gabriel H. Cowles, based upon information and belief, is a resident of Arizona.
5. Defendant Lillian Cowles, based upon information and belief, is a resident of Kentucky.
6. Defendant Abigail Derror, a minor, based upon information and belief, is a resident of Mancelona, Michigan; located in Kalkaska County.
7. Defendant Mallory Cowles and Brayden Cowles, both minors, based upon information and belief, are residents of Interlochen, Michigan; located in Grand Traverse County.
8. Defendant Kira Cowles, a minor, based upon information and belief, is a resident of Bay County.
9. Each of the Defendants is a child of Robert Cowles, deceased.
10. On March 15, 2024, the Plaintiffs received a Warranty Deed from Kelly Ramsey, Personal Representative of the Estate of Melissa McPeak, a/k/a Melissa A. McPeak, for property commonly known as 300 Raymond Street, Bay City, MI 48706. A copy of this deed is attached as Exhibit A.
11. Previously, on January 19, 2016, Melissa McPeak sold the property described herein, to Robert Cowles and Shantel Corne. A copy of this Land Contract is attached as Exhibit B.
12. Upon information and belief, the Land Contract went into default. Shantel Corne deeded her interest in the property back to Melissa McPeak by Quit Claim Deed dated October 19, 2020. A copy of the recorded deed is attached as Exhibit C.
13. Robert Cowles, upon information and belief, did not execute a Quit Claim Deed conveying his interest in the property back to Melissa McPeak, the vendor.
14. On June 11th, 2023, Robert Cowles died while a resident of Kalkaska County.
15. The interest of Robert Cowles as a Land Contract Purchaser still exists and is an encumbrance on the title acquired by the Plaintiffs.
16. The undersigned has contacted the Probate Court for Kalkaska, Antrim, and Bay Counties and no records of a probate administration for Robert Cowles was reported.
17. Plaintiffs seek equitable relief pursuant to MCL 600.2932 to quiet title against these Defendants regarding this real property.
18. Each of the named Defendants is an heir-at-law of the decedent Robert Cowles and has an interest as an heir-at-law in this property derivative of the fact that their father was a Purchaser of this real estate.
19. Plaintiffs have found no record of Melissa McPeak ever having commenced a forfeiture or foreclosure action within Bay County to extinguish the interest of Robert Cowles, deceased.
20. Plaintiffs request this court to enter a judgment which quiets title in the Plaintiffs free of any legal interest which may be asserted by the Defendants to this matter owing to their father having had a Land Contract vendee’s interest in the property.
WHEREFORE, Plaintiffs request this court to enter a judgment which quiets title in their names as requested by this Complaint, free of any interest of Robert Cowles, deceased, and to grant them such further relief as this court deems appropriate. Dated: July 2, 2024. SMITH & BROOKER P.C.; Signed By: Charles T. Hewitt (P39724) Attorneys for Plaintiffs.
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WARRANTY DEED. Know all Persons by these presents: That Kelly Ramsey, as Personal Representative of the Estate of Melissa McPeak aka Melissa A. McPeak whose address is: 300 Raymond, Bay City, MI 48706, conveys and Warrants to Dennis M. Dinauer and Marci A. Dinauer, husband and wife, whose address is: 302 Raymond, Bay City, MI 48706, the following described premises: Situated in the City of Bay City, Bay County, Michigan: The East 86.2 feet of Lot 37 of Raymond Addition to Village Of Wenona, as per plat thereof recorded in Liber 1 of Plats, Page 75, Bay County Records.
More Commonly known as: 300 Raymond St, Bay City, MI, 48706. Tax Code Number: 160-020-315-009-00, for the full consideration of: $2,500.00. This conveyance includes the Land Contract interest as recorded 2/22/2017 between Melissa McPeak and Robert Cowles as recorded in Liber 3200, Page 962; Subject to easements, reservations, and restrictions of record. Dated: March 15, 2024. Seller(s): Estate of Melissa McPeak aka Melissa A. McPeak. Signed: Kelly Ramsey, Personal Representative for the Estate of Melissa McPeak. By: Kelly Ramsey, as Personal Representative.
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State of Michigan, County of Oakland. The foregoing instrument was acknowledged before me on this 15th day of March, 2024; by Kelly Ramsey, as Personal Representative of the Estate of Melissa McPeak, aka Melissa A. McPeak. By: Craig R. James, Notary Public, State of Michigan, Oakland County, Acting in Oakland County. My Commission Expires June 7, 2025. Drafted by: Dennis Dinauer, 302 Raymond, Bay City, MI 48706. File Number: 2370602-B. Land Contract. THIS CONTRACT is made on Jan 26 19, 2016, BETWEEN MELISSA MCPEAK, of 3125 Adams Mill Road, Washington, DC, 20010, herein called “Seller,” and ROBERT COWLES and SHANTEL CORNE, of 1000 South Euclid. Bay City, Michigan, 48706, herein called “Purchaser,” who are collectively called “Parties”, In consideration of the mutual covenants to be performed by the parties hereunder and the sum FIFTY - NINE THOUSAND NINE HUNDRED ($59,900.00) to be paid by Purchaser to Seller on the following terms, it is agreed:
1. Description. Seller hereby sells and agrees to convey to Purchaser real estate in Bay City, County of Bay, and State of Michigan, hereinafter called the “premises”, and described as follows: The East 86.2 feet of Lot 37, The Raymond Addition to the Village of Wenona, per recorded plat thereof, Bay County Records. Parcel Number: 160-020-315-009-00. Together with all tenements, hereditaments, improvements, and appurtennces subject to all recorded easements, conditions, encumbrances, reservations, and limitations and to all applicable building and use restrictions, zoning laws, and ordinances, if any, affecting the premises.
2. Price and Payment Terms. Purchaser hereby purchases premises from Seller and agrees to pay to Seller the sum of $59,900.00 in the following manner: $303.50 on delivery of contact, the receipt of which is acknowledged by Seller, and the remaining $59,596.50 the sum which is secured by this contract, together with interest on the whole sum that shall be from time to time unpaid at the rate of 4.5 percent per annum as follows: $155.00 bi-weekly on January 19, 2016 and a like sum or more bi-weekly of each month thereafter until the day free (3) years next following the date hereof when all sums then remaining due hereunder shall be paid in full. If any payment due-hereunder is not paid within three (3) days of the date due, Purchaser shall pay to Seller a $25.00 late fee. Purchaser has the right to pay larger installments and to pay the whole or part of the balance before due and payable without any prepayment penalties,
3. Taxes and Insurance. Purchaser shall pay monthly in addition to the monthly payments, provided above, the sum of $179.83 ($119.83 for taxes and $60.00 for insurance) which is an estimate of the monthly cost of the taxes and insurance for the premises, which shall be credited by Seller on the unpaid principal balance due on this contract. If Purchaser is not in default under the terms of this contract, Seller shall pay the taxes and insurance for Purchaser’s account when due and before any penalty attaches and submit receipts thereof to Purchase upon demand. The amounts so paid shall be added to the principal balance of this contact. The amount of the estimated monthly payment under this paragraph may be adjusted from time to time so that the amount received shall approximate the total sum annually for the taxes insurance. This adjustment shall be made on demand of either of the parties and any deficiencies shall be paid by Purchaser on Seller’s demand.
4. Default Remedies. If Purchaser does not timely perform any of Purchase’s obligations hereunder, Seller may immediately thereafter declare this contract void and forfeited, and the premises, buildings, improvements, and all payments made on this contract shall be forfeited to Seller as rental for the use of the premises, and Seller shall be entitled to immediate peaceable possession of the premises without notice and remove therefrom Purchaser and all persons claiming under Purchaser, and Seller may, without notice to Purchaser, declare all money remaining unpaid under this contract forthwith due and payable, notwithstanding that the period provided above for the payment of the balance may not then have expired, and Seller may thereafter enforce Seller’s rights under this contract in law or in equity, or may take summary proceedings to forfeit the interests of Purchaser or may enforce this contract in any other manner permitted by law. In addition to any other remedy, Seller, on default being made, may consider Purchaser as a tenant holding over without permission and remove Purchaser from the premises according to applicable law. Purchaser agrees to pay Seller’s actual costs (including attorney fees) incurred in the of Seller’s rights under this contract following Purchaser’s breach of this contact Such costs shall be due and payable and bear interest at 4.5 percent per annum until paid.
5. Description and Preservation of Collateral. All buildings, tees, or other improvements now on the premises, including the stove, refrigerator, washer and dryer, or hereafter made or placed thereon, shall be part of the security for the performance of this contact and may not be removed from the premises. Purchaser shall not commit, or suffer any other person to commit, any waste or damage to the premises or appurtenances and shall keep the premises all improvements in as good condition as they are now.
6. Warranty Deed When Price Paid. If Purchaser, in the time and manner agreed, makes all the required payments and observes and performs all the conditions and agreements herein, Seller shall then convey the premises to Purchaser by warranty deed on the conditions herein agreed; provided, however, that the warranty shall be limited to except acts or negligence of parties other than Seller subsequent to the date of this contract.
7. Possession. Possession of the premises has already been taken by Purchaser.
8. Restriction on Purchaser’s Right to Sell Premises. Unless otherwise agreed in writing by Seller, the entire balance of indebtedness hereunder shall become immediately due and payable at any time that Purchaser sells, assigns, or conveys all or any part of Purchaser’s interest in the premises to any other person or party by deed, land contract, assignment, lease with option to purchase, or any other type of transaction.
9. Seller’s Sale of Contract. Seller reserves the right to convey Seller’s interest in the premises subject to Purchaser’s rights, and that conveyance shall not be a cause for rescission.
10. Construction of Words. If more than one joins in this contract as Seller or Purchaser, or if either be an entity, the pronouns and relative words herein shall be read as if written in plural, singular, masculine, feminine, or neuter respectively. Paragraph headings are for convenience only and have no substantive effect.
11. Time of Essence and Binding Effect. It is expressly agreed by the parties that time shall be deemed of the very essence of this contract, and all stipulations and agreements herein contained shall apply to and bind the heirs, executors, administrators, successors, and assigns of the parties hereto.
12. Seller Disclosure Act Compliance. Purchaser acknowledges receiving a sellers disclosure statement from Seller prior to executing this contract.
13. Transfer Tax. Seller agrees to pay transfer taxes on the conveyance made pursuant to this contract at the rate of $4.30 for each $500 or fraction of $500 of the purchase price.
Date: April 6, 2016. Signed, Melissa A. McPeak, Seller. The foregoing instrument was acknowledged before me on April 6, 2016; by (signed) Delmy Arelv Sandoval Vega, Notary Public, District of Columbia; My Commission Expires June 30, 2020. Signed, Robert Cowles, Purchaser. Signed Shantel Corne, Purchaser.
The foregoing instrument was acknowledged before me on April 12, 2016, by ROBERT COWLES, SHANTEL CORNE and MELISSA MCPEAK, by (signed) Tammy L Hitts, NOTARY PUBLIC, Bay County, MI; My Commission Expires February 14, 2020.
Drafted by: George F. Shaw PLC; George F. Shaw (P23150) 1308 Columbus Avenue, Suite 101, Bay City, MI 48708-6671, 989-316-2224.
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QUIT CLAIM DEED. Grantor, Shantel Corne, whose address is 60 Janice Court, Essexville, MI 48732, Quitclaims to Melissa McPeak, whose address is 3125 Adarns Mills NW, Washington, DC 2010, The premises situated in the City of Bay City, in the County of Bay, State of Michigan, described as: THE EAST 86.20 FEET OF LOT 37 OF RAYMOND’S ADDITION, AS PER PLAT THEREOF RECORDED IN BAY COUNTY RECORDS. Commonly known as: 300 Raymond St, Bay City, MI 48706. Tax Parcel # 09-160-020-315-009-00 for the full consideration of $1.00 (One and 00/100 dollars). Subject to the rights of public and any governmental unit, as well as all other rights or title as recorded. Exempt from transfer tax pursuant to MCL 207.505(a), and 207.526(a). No title search has been done and the grantor holds the drafter harmless. The parties had entered into a land contract in January of 2016. The premises have since been destroyed by fire. Grantor had vacated the premises in May of 2018, but Grantee had never recorded a conveyance or termination of the land contract. Grantor is relinquishing any interest she may or may not have remaining the property or the land contract. This deed is conveyed to remove the Grantor from the chain of title and to reflect she has no interest in the property remaining. Dated this 19th day of October 2020. Signed: Shantel Corne. STATE OF MICHIGAN, BAY COUNTY. Acknowledged before me in Bay County, Michigan, on October 19, 2020, by Shantel Come. Signed: Matthew B. Hewitt, Notary public, State of Michigan, County of Bay. My commission expires: 12/19/2026. When recorded return to Grantee. Send subsequent tax bills to Grantee. Drafted by: Matthew B. Hewitt (P57721), 708 S. Euclid Ave., Bay City, Ml 48706. 50-3
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