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Michigan Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I quit claim home to spouse. I have a judgement against myself only. Home is held in tenants by entirety.
Thomas. R. Morris
Thomas. R. Morris
answered on Aug 15, 2023

This conveyance could have negative consequences. For example, it could be the basis for the denial of your discharge were you to file bankruptcy. Moreover, the home is currently protected from the creditor according to the facts you gave. Whether you should follow through on your idea requires... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I own 10 acres with my brother. Can I build on it. This land is grandfathered in and the deed states, Sole Survivor.

I’m in Michigan. What process is needed?

David Soble
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David Soble
answered on Aug 5, 2023

The language related to "sole survivor" most likely relates to the actual conveyance language and how the grantor conveys their legal interest to the grantee. This is sometimes called "vesting language." Deeds do have "magic' language in them and what the deed says... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I currently had my Landlord/Homeowner die last week. We lived in the same dwelling

His Family told me I have 30 days that they are returning the house to the bank we have a lease and every receipt for the last 3 years almost 4 we lived here and what do I do with the rent money they are asking me to give them

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 4, 2023

Mr Soble is absolutely spot on correct about consulting with a LOCAL real estate attorney about your situation.

But your question is a bit unclear.

You say you have a lease. Is that lease ending at some point in the FUTURE, or has it already ended and you're now 'month...
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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Michigan estate attorney has taken over 8 months to finish a deed for inherited property. What can I do.

They sent the quit claim deed I completed my portion was told to have it virtually notarized, did that and returned. Later received returned filing fee check (in law offices name) saying it was denied. Have asked questions to lawyer,and staff first they say it was a new program they needed to add... View More

Trent Harris
Trent Harris
answered on Jul 19, 2023

This sounds like a dispute you have with the attorney about whether the attorney has completed the work you hired the attorney to do. If you are unhappy with your attorney's work, then I would first look to your retainer agreement with the attorney, if you have one. Your retainer agreement... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I'm paying my land contract off and they say I missed 4 pymts and extended my contract 4 months longer can they do that?

Original sellers passed away and the person is seeing hand written notes saying I missed 4 pymts. can changes be made like that without a new contract or signatures? Original contract ends in April they changed it to August but I'm paying it off early

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

That isn't a 'change'. If you didn't make the payments they are entitled to the payments that were not made and it appears they are offering to do so with no 'interest penalty' which I'm sure the contract provides for ... you're probably coming out ahead. IF... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I'm paying my land contract off and they say I missed 4 pymts and extended my contract 4 months longer can they do that?

Original sellers passed away and the person is seeing hand written notes saying I missed 4 pymts. can changes be made like that without a new contract or signatures? Original contract ends in April they changed it to August but I'm paying it off early

David Soble
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David Soble
answered on Jul 30, 2023

If you missed the payments, would you rather that the LC seller call your land contract due and start a forfeiture, or have them extend out the land contract for the additonal 4 months to allow you to pay on the contract as initially anticipated? Depending on the provisions in the land contract,... View More

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1 Answer | Asked in Real Estate Law, Banking, Business Law and Insurance Defense for Michigan on
Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check.

The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 11, 2023

What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do.

If it doesn't say that,...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I'm in a Bad land contract with my former best friend and I would like to sell the house to get up from underneath them

My question is do I need him to sell it because he will not respond to a text message and email a phone call a letter nothing radio silence. I can't in good faith show a family a home and get their hopes up have them get a bank loan and have this Yahoo not comply

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 11, 2023

If I understand correctly, you are BUYING a home from a former friend on a land contract and making payments to them. MOST (and I can't emphasize enough that you need to read the terms of your land contract as this is only general information and not legal advice!) land contracts have a... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I sell a home I am purchasing on land contract without the original seller? The deed holder.

I've been here for 2 years and it's been an absolute nightmare I made a bad land contract with a former best friend turned lover want to be. As I dismissed his advances he has had me in litigation for 11 months he assumed me he gives me my life a living hell. I've been trying to... View More

T. Augustus Claus
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answered on Jul 10, 2023

In a land contract or contract for deed arrangement, the seller retains legal ownership of the property until the contract is fully paid off. Therefore, if you are still in the process of purchasing the home on a land contract, it's likely that you would need the original seller's... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: I have been in a relationship (not married) and we own a home together. What are my rights not that it is ended?
David Soble
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David Soble
answered on Jul 5, 2023

When parties are co-owners of a home or any other piece of property, and the parties are not married then any issues related to real estate are addressed and resolved under legal theories and remedies concerning contract law. Only a family law judge can order parties who are married to sell a... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If i am tenants in common with multiple people on unoccupied land can I move onto the land if I want to? (Michigan)

Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 4, 2023

EACH of the tenants in common has an undivided fractional interest in the property. If you can, for example, determine how to build on only 1/10th of the property without dividing it into 10 slices, then you can do what you want with your share without anyone else 'agreeing'.

As...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: If i am tenants in common with multiple people on unoccupied land can I move onto the land if I want to? (Michigan)

Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?

David Soble
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David Soble
answered on Jul 5, 2023

Holding title as tenants in common means that each party on the deed has a right to an equal or unequal undivided ownership to property. It also means that if one of the owners dies, their share is conveyed to their heirs, not the other owners who are still alive. Based upon the facts as you... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: If your neighbor destroys your property with his employers equipment can the employer be held liable too
T. Augustus Claus
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answered on Jun 28, 2023

If your neighbor causes damage to your property using equipment provided by their employer, there may be potential grounds to hold both the neighbor and their employer liable for the damages. Under the legal principle of vicarious liability, an employer can be held responsible for the actions of... View More

1 Answer | Asked in Real Estate Law and Personal Injury for Michigan on
Q: Insurance and suing!

Hello! My name is Benjamin, and I am wondering if you can provide me some legal advice on insurance matters. I have just recently sold a house but yet still have insurance on the house. A fire happened right after I had sold the house. I made a claim to the insurance company and they are refusing... View More

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

Sue them for what? If the house was sold, you have no insurable interest in the property, even if you are still paying premiums on it. You would essentially double-dip if you already received the sale proceeds, and now you were to receive the insurance payout. That's like insuring your... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: What are my options if a licensed demolition company tries to put Lien on my property?

Hello,

I had my property demolished recently and post demolition the contractor is asking for more money than the agreed amount stating that the city inspections had them fix the approach to garage as it was broken. We had gone back and forth over emails and texts as whose fault its, with... View More

David Soble
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David Soble
answered on Jun 12, 2023

An attorney would need to review your current work order agreement with the contractor. Generally speaking, a licensed contractor has a legal remedy for when they are not paid on a particular project - they can record a construction lien on the underlying property, and, if payment is not... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I bought a property in Mount Clemens MI and the seller intentionally left behind garbage and some personal belongings

I bought a property in Mount Clemens MI and the seller intentionally left behind garbage and some personal belongings, spoke with the seller to come pickup his items and he didn't respond . I told him he has a week to get his stuff out of my house and he never showed up. What can be done next,... View More

David Soble
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David Soble
answered on Jun 10, 2023

Generally, most purchase agreements call for the seller to leave their property 'broom swept." If you made several attempts to contact the seller either directly or through their real estate sales agent, you shouldn't have to do any more for them. If it were me, I would give them... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: If I am buying a house on land contract in Michigan am I allowed to sell as long as the land contract holders get payoff

I want to sell a house I am buying on land contract

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 8, 2023

I concur, the 'simple' answer is usually 'yes', but the land contract itself needs to be consulted before you go too far. For example, there may be a 'due on sale' clause meaning you have to pay off the land contract *immediately* upon such a sale, or it may not... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Seller lied in disclosure said basement didn’t flood, we forwent building inspection planing to sue is it worth it?

Rained a week after buying, 3’ round puddle formed in basement tried contacting seller to resolve issue they refused to talk. We did forgo building inspection but they lied in seller agreement. Talking to lawyer planing on suing seller to buy home back or pay for flood repair in basement. Is it... View More

David Soble
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David Soble
answered on Jun 8, 2023

We do our fair share of litigation in Seller Bad Faith. Even if you choose to waive an inspection, if you relied upon the Seller's Disclosure and can prove that the Seller knowingly disregarded the truth when they completed the disclosure statement, you may have a case. There is a high burden... View More

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: How to find the status of a property / parcel if the publicly listed owner has passed some time (year) ago?

It has been a year or so and the property did *not* have a will attached (according to an heir with whom I briefly spoke) and was to go through probate.

As I'm following-up currently the records still only list the decedent, and as I understood it probate usually takes under about... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2023

The property will not change hands until someone (usually an heir) commences the probate process. It is not uncommon, although unwise for a number of reasons, for houses to be held in a deceased person's name while family members continue to live there for sometimes multiple generations. As... View More

3 Answers | Asked in Real Estate Law for Michigan on
Q: Seller is unable to proceed with closing due to financial situation. What are my rights, and what action should i take?

I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... View More

David Soble
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David Soble
answered on May 26, 2023

Your legal rights against the seller's breach will depend on what the provisions in the purchase agreement say as to the available legal 'remedies" that you have against the seller. A poor purchase agreement may only require that the seller return your earnest money deposit to you... View More

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