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Questions Answered by Kenneth V Zichi
1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: is there anything I can do about a blighted property? the city wont act. can I go over there head?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

"Over their head"? Who would you expect to go to if the city won't act? The State? The Federal Government? A Supreme Being?

You can certainly take some 'out of the box' steps. Why not offer the owner a reasonable amount of money to buy the blighted property and...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a twp restrict or deny multifamily zoning if it doesn't have any land zoned as such?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 14, 2022

While there may be issues if the township has EXCLUDED specific types of structures from all zones, the lack of a 'multifamily' zoning district in and of itself is not necessarily an issue.

The FULL answer would require examining and analyzing the whole zoning ordinance and the...
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1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
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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!

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

Landlocked? How exactly did they get access to build anything if there is no access at all?

There are WAY more questions here than can be addressed in a public forum. You need to have a survey and plat map and your deed showing how this land is 'landlocked' and provide all that...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: can you get a building permit to build a home on landlocked property in Michigan?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 28, 2022

Generally, no unless you have some way to legally access public rights of way, you cannot build on a parcel.

You would need to work with a neighbor to get an easement of some sort. USUALLY that is done while the property is in 'common ownership' so the ONE landlord creates...
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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

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 27, 2022

Your question is missing some facts that are important. I assume 'Scott' is your brother.

The 'missing' facts are:

Is your brother a co-signer on the loan or a co-owner of the house?

If he's a co-owner, is he a tenant in common or a joint tenant...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Who would I speak to in re: to not being able to cash a check that is in me & my dads name and Im POA?

My dad is currently in the hospital, unfortunately looking at hospice, sold his home, I'm POA in Fact and neither bank that he previously had accounts with wont allow me to cash/deposit them and both our names are on the check. I'm also being prevented from opening an account and cashing... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 16, 2022

You have a written PoA that the banks won’t honor?

Without SEEING the documents it is impossible to provide useful advice. Who drafted the PoA? That would be the best attorney to approach but ANY estate planning attorney in your area can help — IF you provide them a copy of the...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Do I have to go to a deposition if I didn’t receive a court ordered subpoena?

I won but my exhusband is suing me for his attorney fees in a civil case. I don’t have an attorney because I don’t have enough money for a retainer fee and legal aid said they don’t have the funding for my kind of case.

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 15, 2022

If you have been sued you MUST defend against the case or there will be a 'default' entered against you.

The facts you state here don't make sense. If the case is over ('you won') there wouldn't be the need for you to attend any deposition (If you lost there...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a mobile home owner offer sheds to buyers, but not renters? If I want one, I have to pay for the concrete and shed.

The park is paying to put in concrete and sheds for people buying their home, with a small fee added to their lot rent. But if I, a renter, want a shed, I have to pay for the concrete, and the shed. And the shed has to be approved by them. This just seems backwards to me. As I would have to pay for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 10, 2022

The park can do what it wants with ITS land. And if that means something you don't understand that is still OK.

I can see how the park might think "someone renting is likely to skip out in the middle and leave us a mess to clean up, but a purchaser is in it for the long run so...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a township bill you for a tenant's past-due utility bills in their name?

I had a tenant on a land contract purchase agreement that put the utilities in his name including the sewer bill. He could not make payments and violated the land contract with illegal drug activity so he was kicked out by the court of Menominee County, MI. He had left a sewer bill of $661.29 and... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 5, 2022

Municipality owned/operated utilities for water and/or sewer CAN under state law, add unpaid bills into the property taxes. This doesn't sound 'unusual' to me.

What DOES matter is your misuse of the word 'tenant' which makes me think you didn't get legal advice...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt can they force us

A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt out can they force us to pay using the township to collect the tax?

They said if they get 51% of lake property owners to join the other 49% would have no choice ad our Township would... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 29, 2022

What does your deed say about a property owners association? Unless it existed at the time you bought, or existed when a single person/entity owned the land before subdividing the land, I don't see how you can be FORCED into joining an association.

Without seeing all the paperwork...
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2 Answers | Asked in Probate for Michigan on
Q: No will. My mother is deceased. She has been remarried for 9 years. 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 the home according to probate in Michigan. Trying to sell currently over 100,000. Can her spouse sign a quit claim deed to a certain person?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 28, 2022

Ms Archie is correct, and it is important to emphasize that this will likely require probate in BOTH Texas and Michigan ancillary proceedings and all of this could have been avoided by some simple estate planning with a qualified licensed attorney in either Texas where she lived or Michigan where... View More

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2 Answers | Asked in Probate and Family Law for Michigan on
Q: How do I stop a legal guardianship on an adult?

My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 28, 2022

Ms Archie is correct, however from your narrative it DOES sound like your brother needs a guardian/conservator, and your sister, you or some other close relative would be the 'natural' choice.

You shouldn't think in terms of 'stopping' the guardianship, but making...
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3 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Is a Notice to Creditors required for a person who dies who has ONLY a Trust and no will on file at probate court?

My mother is 97yo. She has no property that she owns and no car. She is in hospice and close to death. Her assets include only 3 POD CDs, a checking account (current values < $50,000 for monthly recurring bills; one credit card with a balance of < $100; a Savings account of just over $1,000;... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 22, 2022

Mr Harris is correct.

He omits part of the analysis however, that mitigates even MORE toward publishing.

Would you spend $200-300 to buy an 'insurance' policy to shorten a 'statute of limitation'

from up to 15 years to down to 5 months so you can...
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1 Answer | Asked in Probate for Michigan on
Q: After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 20, 2022

Your 'next steps' probably depend on the retainer agreement you signed.

Yes, you CAN always change lawyers, but bear in mind:

1) You're complaining about a (less than) one week delay in mailing paperwork,

2) Nothing CAN be done during that 14 day waiting...
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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Michigan on
Q: i bought a lot from the county that had been seized for back taxes.

The lot was own by the hoa, not the developer who was out of the picture. Since it was the hoa that lost the property I feel they have no claims to my property that I purchased in good faith. They claim I have to be in their hoa which I want no part of.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 19, 2022

If the lot is included in the HOA and the HOA properly recorded that fact and the HOA still exists, you're likely 'out of luck'. If you didn't want to be part of a HOA you shouldn't have bought the property. Now, as a MEMBER of the HOA you can probably take steps to... 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

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 25, 2022

Your question isn't exactly clear.

If there is a ladybird deed you record the death certificate and the deed is then 'in your name'

Are you suggesting your GRANDPARENTS didn't actually own the property they deeded to you?

Was there some sort of...
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2 Answers | Asked in Real Estate Law and Estate Planning for Michigan on
Q: My parents got killed by my sister. I was over the estate. I took the insurance money and gave house to my brother and

Wife . Unpond agreement house get sold I get half they get half . My brother died now she's trying not to give me my half what can I do. Plus I've been living in the home and have made major repairs that brought up property value and paid out of pocket for supply's etc

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 24, 2022

As Mr Geers said 'it depends'.

I sincerely hope after this sad turn of events you got legal advice BEFORE handling the estate as this is a classic 'small mistake can have huge ramifications' situation. Please don't compound that mistake now by skimping on legal...
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1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: Can a Resident Agent of an llc buy, sell and negotiate real estate transactions, without a real-estate license?

Only listed Resident Agent lives in Texas, has an office in Michigan. The Michigan business license says "general purpose clause".

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 23, 2022

‘Buy sell and negotiate’ for what purpose?

Buying/selling for the use of the LLC? Sure. You don’t need any special licenses to buy or sell land for your own use.

Buying/selling as a ‘public agent’ / broker to the public representing buyers and sellers? Not without...
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