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Questions Answered by Kenneth V Zichi
2 Answers | Asked in Real Estate Law for Michigan on
Q: I been staying in this house for 10 years now the mortgage company trying to come take it back

My mother in law gave it to me and my wife I remodel the house etc all she said is that she was in bankruptcy and all we had to do is pay taxes and which I did

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 7, 2021

"Bankruptcy" doesn't mean what you appear to think it does. If the house were indeed 'in bankruptcy' that wouldn't necessarily impact the mortgage. Without seeing ALL the paperwork it is impossible to say what is going on and how you may be impacted, but your... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a house in Wayne County. My now ex wife is on the title. I need to get her off the title. Lived in for 2 yrs.

What are my options to get her name off the title. I don't want to sell the house. I can't make contact with her due to the claims she made. We can't meet in person it has to go through our family attorney for questions. What can I do to get her off the title hassle free.

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 7, 2021

Mr Soble is correct, but BEFORE you do that, it would be wise to review the final judgment in the domestic court. Was the house disposed of in that document? You MAY be able to simply record the judgment to remove her name if it was done completely and correctly.

If not, you will need to...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Owner of the house received cash from nephew and decided that my son buy's it back from him. Deed is still in the owner
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 3, 2021

Your question is unclear. But ALL real estate transactions need to be done in a written agreement. ‘Owner decided’ is never enough. What does the written agreement state?

If you’re unsure, you need to immediately seek local legal representation.

—This answer is offered for...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Michigan Quit-claim Deed - if exempt from MI Real Estate Transfer Tax, does actual consideration need to be listed?

My 2 brothers and I inherited our parents' house upon their deaths. I and one of my brothers are selling the house to our other brother. I'm attempting to write the quit-claim deed myself. I've found where this transaction is exempt from Michigan Real Estate Transfer Tax because... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 26, 2021

Trying to write a deed is akin to trying to do your own appendectomy. It is 'easy' surgery, but it's rather poor practice to 'just do the research' and try it yourself.

That said, there are significant tax implications for the consideration listed in the deed, and...
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2 Answers | Asked in Probate for Michigan on
Q: If two house MI & FL are taken out of a trust to put both sons on the title of the houses, will it go into probate court

My father passed away but before he did, he place the survivors of his family to be the inherited. This includes 401K, IRAs, bank accts, and two houses located in Florida and Michigan. My mother and I are wanting to pull the houses out of the trust so that we can have her sons on both titles of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 23, 2021

This is a far more complicated and fact specific situation than can be dealt with in a forum such as this.

You need to get local licensed legal advice in order to review the entire situation and determine what can be done let alone what should be done.

“What people say” is not...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: We discussed a price with the realtor, then he listed it for 50,000 less than we discussed. What can we do?
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 18, 2021

What does your listing agreement say?

What you ‘discussed’ is not necessarily binding if the written agreement says something else.

If there is a mistake, the realtor should (and can!) ‘fix it’ but you have to point that out to them for it to get fixed!

If they...
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1 Answer | Asked in Probate for Michigan on
Q: I want to get a list of donors and endorsements for all probate court judges in michigan. How would I do that?
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 11, 2021

https://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751-169289--,00.html

Will have the information you want about the donors and expenditures but as who who 'endorsed' a specific candidate, you'll have to look at the local level for each.

This is not going to be an...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: I have petitions for full guardian/conservatory of my mother's estate in Wayne County.I live & work in DC I need help!

I was informed by physician at Mama's rehab center to get full guardian/conservatory petitions. After a lot of work and headache, I have both petitions. The problems have not been reduced. An inventory form is due within 56 days. I am on 30 days. Where do I go for help now? Eldercare and... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 10, 2021

Absolutely yes, you need to hire a Wayne County attorney to help.

You should have done that from the start, but it is never too late.

Look here for someone with offices in Wayne County who is familiar with that court's requirements

as they are generally NOT the same...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Are one-way provisions in condominium bylaws enforceable in Michigan? Specifically for attorney fees and costs?

I am a Realtor representing the seller of a condo with 16 units. The condo rules provide that everybody pays a monthly fee/due and included in that fee is the use of water, sewer, and heat. There are no meters establishing what unit uses what and never has been. My Seller uses the condo 6 weeks out... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 9, 2021

'Unilateral' provisions are not per-se improper, but you're 'gut' that this is rather unfair isn't wrong. It is an argument against buying a condo or entering into ANY 'contract of adhesion' but it isn't 'illegal'.

For example, your...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can anyone tell me what is the best way to proceed with buying this manufactured home?

I would like to be sure I don't give the manufactured home park any kind of loop hole. The seller owes them nothing. And has no lease. He verbally offered it to the park and they declined to buy it.I've been told he should offer it to the park. For the sale price in writing. I'm... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 7, 2021

The BEST way is to not buy the home in the first place. Manufactured homes, particularly those in parks where you don't own the land it is placed upon, are notoriously bad investments. They lose value and create liabilities unlike any other thing you might own other than a motor vehicle.... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question.

A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property

No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 4, 2021

Without ANYthing writing it is hard to say for sure where this stands.

Generally speaking an 'earnest money' deposit is something that can be forfeited if the deal falls through because of something the buyer does or doesn't do properly. BUT without an offer to purchase the...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: We had a 12 month lease which ended in 2019, but I'm still living in the rental. Never signed a new one.

Expired lease and rules in the expired lease still apply?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 2, 2021

Yes except that the ‘term’ of the lease is now month to month and the rent can change with a month’s notice in the proper (written) form. The other terms (pets, utilities etc.) remain as in the written lease.

— this answer is offered for information only and does not constitute...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I move mobile home from park? Seller has no lease. Park says it cant be sold to anyone moving it from the park.

The seller offered it to the park for sale price fist. They declined to buy. Then said he can't sell to anyone that intends to remove it from the park. I'd like to know what Michigan law is. I'd also like to know. Is there anything I can do to protect myself. From the mobile home... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 1, 2021

Assuming the mobile home is owned by someone other than the park, the owner (now or a new purchaser) can move their personal property wherever they want.

It’s a little like saying ‘I’ll let you buy the car, but you have to rent the parking spot and can’t move it.’

Two...
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1 Answer | Asked in Probate for Michigan on
Q: Hi, what is the first step in filing a personal representative in probate court?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 30, 2021

The FIRST step is to determine if Probate is even necessary.

IF the deceased person had no assets in his or her name ALONE and there was no beneficiary named on assets that can be so titled (Bank accounts, insurances etc.) THEN probate may be needed.

The NEXT step would be to...
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2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Bought a house with my boyfriend and going to break up with him. Can I get his name off the house?

My boyfriend and I have been together for 9 years. We recently purchased a home together. As we were not married, I first asked to just put my name on the house, but he and his family talked me into having us sign the papers together. Only my name is on the mortgage as my boyfriend does not have... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 28, 2021

Possible outcomes?

1) he agrees and let’s you have the house and signs off

2) he wants his money back (or more) and you agree to pay him and keep the house and he signs off.

3) he wants his money back and you don’t agree and there’s a lawsuit over the house

4)...
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1 Answer | Asked in Probate for Michigan on
Q: Hello, I have a quick question after a bit of background:

We live in Michigan, and my wifes father who lives in Arizona recently passed away. He was living with a domestic partner but they were never legally married. And all that we know of is that the house was recently transferred into the partners name but nothing else was, (to our knowledge)... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 19, 2021

Each state’s laws are subtly different. You need the advice of an Arizona lawyer to determine what you can expect and what you must do.

You may or may not need to travel to AZ but you WILL need local help there to insure you proceed properly.

— This answer is offered for...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: How do I get a seller disclosure on a property I closed on?

How do I get a seller disclosure on a property I closed on?

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 18, 2021

You are supposed to receive the seller’s disclosure statement at the time of (or shortly after) the OFFER is made.

It should also be in the closing packet of documents you received. Did you have an attorney review the paperwork?

Without that attorney review, you may not know...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: how does the patron act work. how can to force other land owners to sell ground?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 17, 2021

The "Patron Act"? As far as I know, there is no such thing. What are you trying to do? Force the sale of land owned jointly or compel the sale of land in some other way? Without specific facts, it really isn't possible to answer your question.

--This answer is offered for...
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1 Answer | Asked in Probate for Michigan on
Q: I KEEP HAVING ISSUES WITH FORM PC 559, PETITION FOR PROBATE (INTESTATE). SPECIFICALLY SECTION 4.

I KEEP GETTING THE PETITION REJECTED BECAUSE OF SECTION 4 OF THE PETITION. AM I TO LIST ALL HEIRS OR ONLY MINORS? I INITIALLY SUBMITTED THE PETITION WITH MINORS ONLY AND IT WAS REJECTED, SUBMITTED A SECOND TIME WITH ALL HEIRS AND WAS REJECTED. THE CORRESPONDENCE FROM THE COURT STATED SECTION 4 WAS... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 15, 2021

Minors — by definition — have a ‘legal disability’ and cannot represent themselves: only legal competent adults or emancipated minors can.

I think you will find the process will go a lot smoother if you hire a local probate attorney to represent you. I’m quite sure if this has...
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1 Answer | Asked in Probate and Estate Planning for Michigan on
Q: Executor sold estate house to bro. Executor and 1 other brother got paid. So brother can flip house.

Leaving me and my 2 sons out of the what will states. More. 2 1/2 yrs. Had an attorney for 2 yrs, got all discovery, to then in 5 minutes got taken away because attorney wasn't filing subpoenas with court. Tried representing self,for now I'm in debt with fees. Between estate lawyer and... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 13, 2021

It sounds like you already had an attorney that you fired/didn't pay? Without seeing ALL the paperwork and doing the research on this long case, it is impossible to provide any real guidance. I would suggest either going back to the attorney you had, or if you believe he did something improper... View More

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