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Questions Answered by David Soble
2 Answers | Asked in Real Estate Law for Michigan on
Q: How did a MI township give a building permit for an owner to build a house, and later a garage, on a landlocked property

that I now own!

David Soble
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David Soble
answered on Oct 29, 2022

First thing you will need to do is to go down to the township and visit the planning or building department to determine how the permits were issued. See ProvenResource.com for more information.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My brother is a co signer on my home and since my other passed he has gone crazy he will not help me save my hous

He will not sign the refinance papers he won't sign a quick deed is there any recourse for me

David Soble
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David Soble
answered on Oct 29, 2022

If he failes to endorse the deed, you may have to bring legal action. Your question begs for more questions. Was this your 'mother's"home initially? Are you a personal representative of the estate? Was a probate even filed? If not a probate, could this be a partition action? So... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Had PA with a stipulation window would be fix by closing. Seller didn’t fix by closing & relist house. Do I have a case?

I am a novice real estate investor. The stated closing date in the purchase agreement was October 3rd. The house had a broken front window. I had an addendum stating the window would be fix by closing. The window wasn’t fixed until October 14th. I told the agent that I wanted to close on November... Read more »

David Soble
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David Soble
answered on Oct 18, 2022

You may have an action against the seller if the addendum is detailed and signed by both parties. If the window repair is required and they failed perform, then it seems that they are breaching the contract. Still, A real estate attorney would need to review your purchase offer before pressing your... Read more »

2 Answers | Asked in Probate for Michigan on
Q: No will.

No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... Read more »

David Soble
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David Soble
answered on Oct 3, 2022

We would have to first see the deed to the MI home. Secondly, a probate can be opened in MI when real estate of a decedent is located here. It is preferable to open probate however where the decedent was domiciled. www.provenresource.com

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2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: The neighbors dead tree fell on my daughters car completely destroying her sunroof and back window. Not from a storm

There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.

David Soble
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David Soble
answered on Sep 6, 2022

It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.

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1 Answer | Asked in Real Estate Law and Divorce for Michigan on
Q: My wife and I are separating. We refinance our house last October 2021. I signed even though her name is on the mortgage

We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... Read more »

David Soble
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David Soble
answered on Sep 5, 2022

A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I live in a house in detriot that my neighbor that went to a nursing home I believe she die in the pandemic

What do I do I pay the taxes up

David Soble
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David Soble
answered on Sep 5, 2022

You can go to 400 Monroe St. and pay the property taxes for your neighbor using the regular home address. This however, does not entitle you to own the property. If you wish to obtain the property, you will need to reach out to the person handling the estate of your neighbor, and purchase the... Read more »

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: How do I transfer property from a deceased parent to one of his sons?

Probate court is currently open, which doc would we need to send to the deeds office?

David Soble
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David Soble
answered on Aug 29, 2022

Real estate and probate matters very frequently intersect. You need to first confirm that you have authority from the court to transfer or convey real estate out of an estate. If you do, then the personal representative has authority to create a deed during the pendency of a probate estate... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I inherited a lake house from a grandparent via a Lady Bird Deed, but the land deed isn't in our name.

They found a descendant of the original land owner and they are willing to negotiate. Our grandparents have always said they owned the land, did all the upkeep, paid all of the taxes, and everything that comes with it. Is there any documentation I should be looking for? Is there a way to prove it... Read more »

David Soble
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David Soble
answered on Sep 5, 2022

If the property was never titled in your grandparent's name, then unless they had a purchase agreement with the owners, or a lease option or a land contract, then you should take the opportunity to negotiate the purchase with the rightful owners. See more at www.provenresource.com

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1 Answer | Asked in Real Estate Law for Michigan on
Q: In MI, can a non-incorporated HOA impose a fine for a covenant violation if the fine is not defined in the By-Laws
David Soble
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David Soble
answered on Aug 23, 2022

Generally speaking, "no" but an attorney would need to review the HOA by-laws.

See more at: www.provenresource.com

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Is there hope to get my childhood home back?

My mother and I were ( I believe) wrongfully evicted from land that we had been renting to own for 12 years, and due to a blight complaint while cleaning out our garage (we all fell ill and had to stop working for a week or so) the guy we bought the land from said we had to give him 30,000 dollars... Read more »

David Soble
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David Soble
answered on Aug 23, 2022

A real estate attorney familiar with land contract law would need to review the default provisions of the land contract. Additionally, there is a legal process for forfeiture on a land contract. See more at: https://provenresource.com/land-contract-law/

2 Answers | Asked in Real Estate Law for Michigan on
Q: Explain in layman's terms MCL 207.526 section 6.

My sister and I are currently the co-owners of a house in Michigan. I am doing a quit claim deed to give her my half of the house. What does the above mean?

David Soble
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David Soble
answered on Aug 23, 2022

Generally, property conveyances between family members are exempt from the state and country tranfer taxes which is e 8.6% per $1000. You must state the proper state or exemption on the deed. See more at https://provenresource.com/deeds/

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1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: Why do attorneys think that $300/hr is 'running a business'. They are just taking advantage of people in need.

Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.

David Soble
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David Soble
answered on Aug 4, 2022

A majority of lawyers are no different than doctors, accountants, or other licensed professionals. They are in business for profit. Fortunately, there are resources through the Michigan State Bar Association for a referral to an attorney or legal aid society who may be able to assist at a... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Is there anything I can do

I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose

David Soble
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David Soble
answered on Jul 29, 2022

When it concerns a Michigan land contract, default remedies must be spelled out in the provisions of the agreement. The legal language must give the seller the ability to proceed with a forfeiture, otherwise, the seller will need to proceed with other remedies. See more about land contracts at:... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

David Soble
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David Soble
answered on Jul 25, 2022

You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if... Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: In disclosure the seller said a hot tub would not stay. We asked to keep in via the PA, they signed it. Who has rights?

The sellers are now saying they will not leave the hot tub despite the PA agreement they signed. Not sure how to proceed.

David Soble
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David Soble
answered on Jul 20, 2022

A purchase agreement is a legally binding contract. Generally speaking, If the seller represents that an item will remain at the home after the sale, then they need to leave that item when they close on the home. See more at www.provenresource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: What happens if I'm selling my house and a bomb shelter is found buried on the property?

This house is in town on a small lot in an older neighborhood

David Soble
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David Soble
answered on Jul 20, 2022

It depends on when the bomb shelter was discovered. If you found while you are in the process of selling your home, then you should disclose it. If you were unaware of its existence on your property until after the sale, then generally there should be no disclosure issue. See more at:... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: How do we sever/retain the mineral rights on land before selling the property? No other sever records found on record

We believe there are methane pockets on our 4.9 acres of land. It is not yet verified, but we would like to retain the mineral rights to the property before we sell it.

Our realtor told us it is better to sever the rights while we still own the property and before we have a buyer, or it... Read more »

David Soble
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David Soble
answered on Jul 20, 2022

The purchase agreement and conveyance instrument will dictate whether or not you retain mineral rights. People sell or lease mineral rights on property every day- but these rights are still regulated by the state law in which the property is situated. Texas law has nothing to do with Michigan... Read more »

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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Michigan on
Q: What happens to a revocable land trust when is terminates/expires?

I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... Read more »

David Soble
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David Soble
answered on Jul 4, 2022

An attorney needs to review the terms of the revocable trust as well as the divorce decree to determine how the trust expires on its own terms, or if the terms of the court order prevails. The answers are in the terms of the documents. See www.ProvenResource.com for more information.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is a land contract legally binding in MI if owner dies or is incapacitated? Does it have to be entered into their will?

We were advised by another free legal aid that it has to be entered into their will in order to be binding in a court of law if the next of kin wanted to challenge it. I printed out a Codicil for the seller. Is that sufficient?

David Soble
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David Soble
answered on Jul 4, 2022

The land contract is an executory contract, and therefore, the estate of the decedent will be bound by the terms of the seller or buyer. When drafting the contract, there should be provisions that state that the contract will be binding on heirs to the decedent. It is unlikely that beneficiaries... Read more »

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