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Questions Answered by David Soble
2 Answers | Asked in Landlord - Tenant for Michigan on
Q: If you give your renter permission to put up a privacy fence can they tear it down when they leave?

They have a dog and our chain link fence at the property couldn’t hold their dog in so they asked t put in the fence. We never had an agreement to take money off rent or anything I am just wondering if they can tear it down? If so doesn’t our chain link fence need to be there still then?

David Soble
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David Soble
answered on Jun 13, 2023

Parties to a lease can have a provision that states that whatever approved 'improvements" are made by a tenant, must be removed if they are not permanent fixtures or attachments. It is common that permanent fixtures - such as a fence- that have been approved by the landlord, remain with... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Would you consider online paralegal certificate program through a community college a good way to become a paralegal?

I'm in Michigan, this is a later in life 2nd career option after selling a business.

David Soble
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David Soble
answered on May 26, 2023

Good for you!

We are working with one of our current employees and participating in supporting thier paralegal program through Oakland Univ. There are quite a few programs out there that are worth investigating. Best of luck, Soble Real Estate Law - see www.provenresource.com for more...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: How do I find out the name of the attorney who prepared my mother's will for her, so that I can retrieve a copy?

She'd showed it to me and told me where it was located in her home, along with her safe deposit box key. Now that she has passed away though, my stepfather has not filed it with the probate court, or given me a copy or discussed it with me. I am concerned...

David Soble
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David Soble
answered on May 2, 2023

Short of calling every local law firm that does estate planning in her area, even if you find the attorney, they may not even have a signed copy of the will. A better use of your time would be to determine how assets would be disbursed as if she had passed intestate. Sometimes, the results of... View More

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2 Answers | Asked in Probate for Michigan on
Q: Can a court ordered nursing home patient guardian sell there property if there is a beneficiary?

Grandma past away, her husband is in a nursing home. His guardian is selling there property, can they legally do that if there is a beneficiary?

David Soble
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David Soble
answered on Apr 21, 2023

In Michigan, a guardian shall not otherwise sell the ward's real property or interest in real property. Conservators have the right to convey property, once they have court approval. If you have any further questions, see www.provenresource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: When should a mortgage company automatically cancel PMI from a conventional loan? MY LTV is currently 47%
David Soble
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David Soble
answered on Apr 24, 2023

When your mortgage balance reaches 78 percent of the original purchase price — in other words, when your loan-to-value (LTV) ratio falls to 78 percent — the lender or servicer must immediately work to cancel PMI. This is provided you are current on your mortgage payments and have not missed any... View More

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1 Answer | Asked in Probate for Michigan on
Q: Can a probate attorney be hired as a consultant? Our attorney of record has made several damaging errors.

Current attorney rarely communicates, and has lied about deposition submission. We have been on our own petioning a contested guardian/conservator case. We are out of time, and need guidance.

David Soble
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David Soble
answered on Apr 1, 2023

That is unfortunate. You can have a third party -qualified attorney take a look at the documents that were prepared and filed on your behalf. With few exceptions, filed pleadings with the court are assessable to the public. I hope this helps. For more information see... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a leasing agency legally enter my apartment when I am not present and without my permission if I live in Michigan?

The leasing agency did a complex-wide inspection for pets. My apartment was inspected while I was not there, and I did not give permission. They claim to have sent six notices of the inspection to my email weeks beforehand, but I did not receive any emails about inspections. Is what they're... View More

David Soble
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David Soble
answered on Mar 1, 2023

They can enter only if there is proper notice that is usually defined in a provision within the lease, or if there is an emergency. For more information please see www.ProvenResource.com

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4 Answers | Asked in Probate for Michigan on
Q: Can we start Probate on a brother's estate w/o 1 sibling's cooperation in appointing a Personal Representative?

My deceased brother had no spouse, children, or living parents and passed w/o a will. 5 of 6 siblings are trying to start Probate and 1 sibling is refusing to cooperate in this process, and won't sign the document to allow for assignment of PR to my sister. What do we do to start Probate?

David Soble
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David Soble
answered on Feb 27, 2023

You can start the probate process at any time. When someone dies without a will, they die "intestate." This means that any of the decedent's assets will go through the probate processes and administered by the probate judge. The judge will use state statutes to decide on the... View More

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2 Answers | 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... View More

David Soble
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David Soble
answered on Feb 27, 2023

The discharge, if done in error, does not change the status of your loan deficiency. However, the mortgage lender would need to file a notice with the Registrar of Deeds that the discharge was not effective. If you need more information, see ProvenResource.com.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can an unlicensed General contractor file a lien using the subcontractor's license?

Currently, the general contractor on my residential project is filing an invalid lien on my property but he is not licensed. The subcontractor who performed the work is licensed but he is not filing the lien. Can he do this?

David Soble
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David Soble
answered on Jan 11, 2023

No. The contractor must be a licensed contractor to file a lien. The lien would be unenforceable. The contractor cannot enforce the lien in a court action.

See more at: www.provenresource.com

2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... View More

David Soble
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David Soble
answered on Jan 6, 2023

What was the agreement with the person or entity that gave you the monies? If the business never took off but you did work to get the business moving forward, was there any agreement concerning compensation to get the business off the ground? More information would be needed. See more at... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I am in a land contract in Michigan and the owner of the deed is an incorrectly recorded ledger. What are we entitled to

I'm sorry he *has* an incorrectly recorded ledger.

David Soble
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David Soble
answered on Dec 12, 2022

If you contest your payment ledger / payment history, you may be able to bring an action for an accounting, challenging the pay history. Feel free to see more at www.provenresource.com

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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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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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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