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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a trust property be auctioned or non judicial foreclosed if the trust has the bank in default judgment in circuit

court?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 6, 2024

Your question is unclear.

The BANK is in default after a circuit court action of some kind? Who sued whom and for what?

Is the case pending, or has it been dismissed or a default judgment been issued? What does the default say about the status of the property?

There are...
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1 Answer | Asked in Probate for Michigan on
Q: I applied for a petition in order but then I found last well and testament to get to account
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 8, 2024

That isn't a question, but a will won't 'get you into an account' you still need letters of authority.

Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?

There may be other ways to proceed, but if...
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1 Answer | Asked in Probate for Michigan on
Q: My father just died. Estate would be 2 old vehicles worth 20k total and about 25k in life insurance. Do I need probate?

Wife died 7 years ago. Has 3 surviving children.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 23, 2024

Was there a beneficiary named on the life insurance? If so you probably do not need probate, but the analysis is more complicated than that.

Please consult with a local licensed attorney to review ALL the facts of your case to insure there aren’t other issues. Starting probate...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: What is a promissory note & what is a life lease what are the responsibilities of the tenant & or the original homeowner
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 12, 2024

A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.

This has nothing to do with life leases which is a way to transfer a...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: Ex-roommate is trying to collect belongs two months after their lease ended. They’ve had plenty of notice & opportunity.

What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 3, 2024

What does your written agreement with your roommate say? Do you have ANYthing in writing?

Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed...
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2 Answers | Asked in Estate Planning and Civil Litigation for Michigan on
Q: Bought house, owners did estate sale. Cleaning crew took vintage mounted phone-NOT for sale, have stated their error. ??

The estate sale company has acknowledged that the clean up crew wrongly took the phone and sold it. Company says they want to make it right. It’s a for real vintage, red wall mounted rotary phone in pristine condition. It was mounted on the wall. (There’s a newer beige wall mounted phone in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 13, 2024

I concur this isn’t a ‘crime’ so be careful how you approach this. A ‘crime’ requires intent and this — particularly with the response of the company trying to ‘make it right’ — shows there is no criminal intent, just a very unfortunate mistake. It is ‘negligence’ at best and... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: How do I go about getting my name off a ladybird deed as a remainderman?

I am 1 of 3 remainders on a ladybird deed in michigan. My grandmother ( the grantor ) passed away in 2016. I currently live in the house along with 1 of the other remainderman. My fiance and I are currently in the market for our own home. Once I move, I no longer want any type of responsibility to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 10, 2024

You transfer your property interest to someone else, usually one or all of the other co-tenants since they are the ones who will get the most value from that. HOW you do that depends on what you would like to get out of the deal. The best response is to contact a local lawyer to discuss your... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: My grandfather added me to his home with a quit claim dead a year ago. He was added about 20 years prior with a quit

Claim by my grandmother who has since passed. He’s is ill and I’m trying to figure out how I can sell the home without paying taxes on it since she paid $45000. 50 years ago but has since refinanced and owes $120000. The selling price would be between $300000 and $350000. Im located in Michigan... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 30, 2024

There will be an ‘offset’ for ant mortgage, but if you’re asking about the capital gains the answer is ‘welcome to the downside of quit claim deeds. You have acquired the basis for tax purposes of the original owner and will need to pay capital gains.

Absent some other facts you...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a Claim of Interest on a commercial piece of property, valued at $7.9M in 2014. This Claim goes back to 1984.

What rights do I have?

Thank you

Kenneth V Zichi
Kenneth V Zichi
answered on May 25, 2024

That depends on what sort of 'claim' you have.

Judgments are good for 10 years unless renewed, and there is the '40 year marketable title' act to deal with.

Your rights depend on a lot of things that aren't discernible from this question, and would require...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Is my neighbor allowed to cut the easement assigned to my property?

I own property with a 66ft easement by necessity. My neighbor keeps cutting the grass on the easement after I cut it. I like to maintain 4 inches and he keeps cutting it down to 2 to match his side of the easement. Is he allowed to cut the grass in the easement? He also blows all the grass... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 17, 2024

Is the easement ON your property or FOR your property?

Is the easement ON the neighbor’s property or FOR it?

From the wording I’m assuming you BOTH have a right to use and maintain the property in question.

It doesn’t really matter though because if the easement is...
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 14, 2024

In GENERAL a verbal contract is worth the paper it is written on.

In the case of real estate however, there is an actual rule called the "statute of frauds" that says 'if it isn't in writing it is not enforceable. So -- your assumption was it was 'joint'...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I received a text this evening from the owner where I rent a storage unit telling me that they will be disposing of my b

Can they legally dispose my belongings without giving me the opportunity to retrieve them just because they are mad about I don't know what?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 28, 2024

Well that depends. Are they ‘mad’ about the fact you didn’t pay your rent or that you’re storing contraband items there?

No they cannot terminate a lease or sell your stuff MERELY because they are ‘mad’ and it seems unlikely that is the reason. What’s the ‘rest of the...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: We bought a house and found out they had bed bugs that were never disclosed, can we sue for treatment cost.

When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 22, 2024

This is not an 'open and shut' case.

Bedbugs are not a 'structural' issue (the house is not compromised physically or functionally with that type of pest) -- it is more akin to a mouse getting into a house more than being like termites that are destroying the...
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1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: what is the allowable interest that my michigan condo association charge on late once a year payment hoa fee?
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 19, 2024

Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people...
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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 18, 2024

In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.

While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the...
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1 Answer | Asked in Probate for Michigan on
Q: My mother passed last month, leaving no one as a beneficiary on her 401k.

My sisters and I were informed by Probate that we can not go the simplified process do to the amount. What steps need to be taken to receive her benefits from Fidelity. My sister is listed as the Power of Attorney, with another sister and myself, would this help the process?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 15, 2024

PoAs are ineffective after the principal dies so that means nothing. Did she have a will and was there a personal representative named in it?

If so that person has ‘priority’ to start probate. If not you and all your siblings — assuming your mom was unmarried at the time she passed...
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1 Answer | Asked in Probate for Michigan on
Q: If a quit claim deed doesn’t say rights of survivorship is it void?

Deed is made out subject to quit claim deed made out at the same time.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 1, 2024

A deed does not HAVE to reference survivorship to be ‘valid’ but it WILL impacct HOW it works.

Without seeing the deed and understanding exactly what your question is, an answer is impossible though.

I’d urge you to bring the document(s) to a licensed local attorney to...
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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: My family home has been left to me. How do I get my name on the deed? The deed is clear. What do I do now?

Family who lived there is dead. I'm paying the back taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 26, 2024

That depends on how it was 'left' to you.

By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.

By Will? Probate the estate and the PR can transfer by deed.

Some other way? Some other...
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2 Answers | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 21, 2024

Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Lease does not include MTM fees, but being charged anyway.

Our apartment lease in Michigan ended and we were told we needed to renew or we'd be subject to MTM fees. The lease agreement states there is a "one-time holdover fee when the lease contract renews to month-to-month," but no monthly fees are mentioned (I paid this holdover fee.) I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 6, 2024

In Michigan, the written lease terms continue when holding over — however — the monthly payment can change with 30 day’s notice. They can increase fees or monthly rent at any time given that notice. It’s why month to month leases are generally a bad idea for anything more than a month or two ….

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