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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Real Estate Law for Michigan on
Q: My property was foreclosed I got a satisfaction of mortgage but some how I have a deficiency balance.

I went into foreclosure due to divorce in 2020 my house was sold and I recieved a release of mortgage(from the VP of my mortgage company signed by a notary public) and an account paid in full letter only to find out I had a deficiency on the balance. My mortgage company admitted years later they... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 3, 2023

This is a little more complicated.

Was the discharge recorded? Do you have the written acknowledgment of payment in full? Did you rely on those representations when closing on the transaction? Did you get a 1099 showing the write off?

If ALL of the above is true, you have a pretty...
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2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 1, 2023

The PROBATION officer won’t but protective services may have issues.

I hope this is already in the works but, you NEED to have both legal and mental health professional assistance for your family. Seek that help right away.

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1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors needed for a small estate with no assets?

My brother in law passed away intestate in Michigan 2021, leaving 2 adult sons, no assets. There was never a need to open an estate.

My mother in law passed recently intestate in Georgia and has real estate, etc.

Before we can file for an estate for my mother in law, we have to... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 28, 2023

The short answer is 'yes' whenever you open an estate you have to do a LOT of things, including publishing.

The longer answer is -- there are a lot of things that are required, starting with determining whether or not a probate estate is REALLY necessary. How do you come to the...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Saginaw County MI: My brother committed suicide in Oct. and we need to know what to do next for mother to sell his home.
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 26, 2023

I'm sorry to hear of your loss.

IF your brother owned the house solely, it will need to go through probate, and his heirs (maybe your mother, maybe not ... it depends on whether or not he had a will, or children, or a spouse etc. none of which you say) so that SOMEONE (be that his...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 24, 2023

Let me rephrase your question slightly and see if you don't spot the 'common thread' here and what you need to do to 'stop the cycle':

1) I bought land without having an attorney review the transaction.

2) I had a real estate agent who is NOT an attorney...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: We're part of a HOA, but can't vote on rules changes. Should we be subject to rules we can't vote on?

We own a parcel of land across the state. We're part of a HOA, although our lot is separated by a half mile from the main grouping of homes that are on a cul-de-sac. The main grouping has voting rights on rules changes, but we do not. The HOA wants to change the Home Rental clause (think Air... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 18, 2023

It is impossible to say without reviewing the HOA rules.

The 'short' answer is 'probably'

As a private entity, they can set rules however they want including the rules about amending and voting on rules. If you don't like that, you shouldn't have...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Municipal Law and Land Use & Zoning for Michigan on
Q: Can I legally move (via tow-truck / paid service) another person's car from my property?

Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2023

IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.

Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 6, 2023

Do you have COPIES of the documents you delivered returning the keys and providing your forwarding address?

Without copies, you didn't send them (the landlord WILL claim this!)

Your best bet at this point is to hire an attorney to fight this or just pay (a probably smaller...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is saying that an easement or an amendment to an easement "is appurtenant to the (dominant name) parcels" sufficient to

ensure it runs to successors. (ie "runs with the land") in a recorded document.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 30, 2022

That is 'step one' but there is more to this than generally meets the eye. Consulting with a local real estate lawyer is the BEST way to insure this is done right.

Indeed buying property without an attorney is essentially the equivalent of buying a pig in a poke.

SELLING...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Hi- We closed on a new home on 9-14-22, on 12-21-22 we received a call that the lendor miscalculated our payment.

On our mortgage paperwork at closing showed our principal/interest payment was $1,100. They said they miscalculated and said it’s now $1,500. They offered to pay $800 for the 2 months that were miscalculated. Just want to know if we are legally obligated to sign a new closing disclosure with new... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 22, 2022

Without reviewing your whole closing package it is impossible to know what your situation is. Did you sign an ‘errors and Omissions’ addendum? What exactly is the ‘error’? Something with your escrow? Did you have an attorney review the paperwork before you closed? They might have caught the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am locked into a year lease that is not up until August. I received a notice to quit for non payment and the two optio
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 8, 2022

Your question got cut off and isn't really a question.

HOWEVER, I can answer.

You need to take your lease and that notice to quit and records showing whether or not you have paid the lease as agreed to a local attorney ASAP. We can't provide an answer here because the...
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1 Answer | Asked in Real Estate Law, Elder Law and Probate for Michigan on
Q: Real estate: Living Mother & Deceased Father on title. Both on medicare. Dad died in long term nursing home care.

My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 5, 2022

There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.

Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do...
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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: I want to gift a piece of vacant property to my son. I want to do this while I am still alive. What are the tax liabilit

We would like to do this tax-free. He is married as am I. Is there a way to do this?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2022

There are several ways to do this and MANY wrong ways.

A Quit claim deed is one but you need to appropriately record transfer affidavits and report the gift properly. There probably won’t be tax due but depending on how you structure things a return may be due. The rules are complicated...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: Do attorneys in a city tend to avoid taking preexisting cases where an attorney has been let ago even if it has been win

winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 28, 2022

Did you accept mediation? Then the Court case is over, whether or not it is a 'winning' case. So the question then becomes:

Is your attorney telling you since you accepted the mediation award, the case is over and you don't like that? Sorry, your attorney would be correct if...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Our neighbor is the owner of a shared easement with us. We maintain. Can I push snow onto their land . .

We maintain the land and have only six feet easement beyond the road at that point in the easement. She shares the easement in that area. Since she benefits and there is no other place to put the snow, if the land I push over the embankment lands on her land is it illegal?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 26, 2022

Whose land is the easement on? Yours or hers? It sounds from your question that hers is the 'dominant estate' and yours is the subservient one?

If that is the case, then you are moving snow from HER land that you have a right to use, onto HER land, that you don't have a...
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1 Answer | Asked in Estate Planning for Michigan on
Q: I own my house with my boyfriend. Could he leave his half in a will or trust?

We have a mortgage on the house. And it is in both of our names. Can my boyfriend leave his half in a will or trust?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 21, 2022

That depends on HOW you own in jointly. If it is as 'tenants in common' then you or your boyfriend can certainly leave a fractional half to anyone, but the VALUE of an "undivided half interest" in a house is pretty difficult to set.

If the house is owned 'with...
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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: is there anything I can do about a blighted property? the city wont act. can I go over there head?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

"Over their head"? Who would you expect to go to if the city won't act? The State? The Federal Government? A Supreme Being?

You can certainly take some 'out of the box' steps. Why not offer the owner a reasonable amount of money to buy the blighted property and...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a twp restrict or deny multifamily zoning if it doesn't have any land zoned as such?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 14, 2022

While there may be issues if the township has EXCLUDED specific types of structures from all zones, the lack of a 'multifamily' zoning district in and of itself is not necessarily an issue.

The FULL answer would require examining and analyzing the whole zoning ordinance and the...
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1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
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