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Questions Answered by David Soble
2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: A man quit claims his property to his brother, that man dies. Does the man who quit claimed it, get it back?

The brother dies, does the original owner get it back? No one has been able to answer my question

David Soble
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David Soble
answered on Feb 19, 2024

A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee) the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: How, as the home owner, seller, do i get my deed cleared after a default was made on a land contract?

I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More

David Soble
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David Soble
answered on Feb 6, 2024

If you have a recorded land contract and the buyer defaults, then the only way to remove the land contract as of record is to have a court judgment against buyers in a land contract forfeiture action. This is true even if the buyer has abandoned the property. I hope this helps.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: A title company called to ask me to sign a quick deed for some land that I was going to buy last year. I didn't buy it.

Seems that my name is on the title, but I canceled the sell before putting any money down. Does this mean I own the land now? If I sign the quick deed, will I be somehow punished in the future for taxes or something else?

David Soble
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David Soble
answered on Jan 8, 2024

It sounds as if some how during the initial transaction, your name was placed on the title. If there was no consideration, and you canceled the transaction, then the title company may be trying to clear the title. A quit claim deed is used for just that purpose. When you endorse a quit claim... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.

Should we sign this or are we required to?

David Soble
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David Soble
answered on Dec 28, 2023

When the Seller's home disclosure is not endorsed by buyer prior to closing, the buyer actually waives any issues related to the condition of the home. So if the seller failed to disclose a problem with the home, the buyer would have to have the signed disclosure prior to closing if the buyer... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
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David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More

David Soble
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David Soble
answered on Nov 21, 2023

Generally speaking, a property can be considered abandoned when it is determined by a court officer or court that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: Legal claims for paying delinquent property taxes

I live in a property owned by my aunt that I pay her for. My aunt’s name and my mom’s is on the house. There was delinquent in taxes since 2021. I got a foreclosure notice from Saginaw county in Michigan. I went and paid all of the delinquent taxes for the property in August 2023. The aunt is... View More

David Soble
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David Soble
answered on Oct 29, 2023

Any agreements concerning real estate must be in writing, according to the "Statute of Frauds." The idea is that certain types of contracts must be signed and in writing to be valid because verbal or oral agreements dealing with real estate can create confusion and therefore, verbal... View More

2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?

I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?

David Soble
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David Soble
answered on Oct 18, 2023

The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them us

I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More

David Soble
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David Soble
answered on Oct 2, 2023

If your name is on a lease, then the only person who can agree to let you out early from the lease is, the landlord, and not your business/ family partners. Only the parties to the lease can agree to modify or change the lease terms, including releasing a party from their legal obligations.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can i request relief for a prescribed easement against a municipality?

There has been an unauthorized easement to my property for over 85 yrs. Ive only owned the property for 6 yrs. The path is the only way to get to my driveway or i have to park on the road. However, parking my vehicles on the road will block my neighbors driveways. The city road is only wide enough... View More

David Soble
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David Soble
answered on Sep 12, 2023

Sounds as if you don't agree with the easement, however, you can block the driveway and do whatever you legally wish, etc., The other parties who wish to use the easement will need to legally challenge your denial of permission to use the driveway. Otherwise, there is no issue until raised.

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: 30 day termination of tenancy

If I have tenants thats lease has expired (expired in may) and they are now month to month can I give them a 30 day notice to vacate since they aren’t willing to sign a new lease? They have been behind on rent the last 4 months on their month to month but recently got caught up.

David Soble
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David Soble
answered on Sep 1, 2023

Yes. You can provide the tenants with a 30 day Notice to Quit once the lease has expired. Generally speaking, and barring any provision to the contrary that makes the lease automatically renewable, upon the expiration of an annual lease, the lease becomes a month to month lease.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Buyers are attempting to rescind their offer after completing the home inspection. Can we retain Earnest Money Deposit?

We went under contract in a competitive bidding situation 6 days ago. An earnest money deposit of $10k was agreed and the only meaningful contingency was obtaining a satisfactory home inspection. Contract language proposed by and agreed with buyers for the contingency clause considers only those... View More

David Soble
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David Soble
answered on Aug 26, 2023

A real estate attorney needs to see the purchase agreement to confirm, but in general, if a contingency date is not met or if a provision is not followed in accordance with the purchase agreement, you may be able to keep the prospective buyer's EMD. This can be highly contentious and it is... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: Home forfiture land contract sellers did a forfeiture the judge granted it to them because he wasn't told that the buyer

Paid the seller 6 thousand dollars within the 90 days the information was held from the judge that it was paid and he granted a forfiture . The seller contacted the buyer and said he wanted to be done and he wanted 20,500.00 to keep the home pay off the contract .so we signed agreement to do... View More

David Soble
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David Soble
answered on Aug 26, 2023

First, if the land contract seller's stated balance of the amount due is not accurate in their complaint, then you should have raised the discrepancy at the time of the hearing. The time to do this is not after the judgment is entered. However, while you may be able to go back to the court and... View More

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 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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3 Answers | Asked in Probate for Michigan on
Q: Son dies 40 yrs old divorced 2 minor children, x-wife has custody. Does Father of son begin probate or x wife?

Father was advised to receive permission from X-wife as children's representative to bury the son. Then x-wife was told she needed to get permission from deceased son's father to be in charge of the probate process. Why would Father need permission to bury from x-wife then x-wife need... View More

David Soble
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David Soble
answered on Jul 14, 2023

Generally speaking, the ex- spouse has no authority to do anything related to funeral arrangements for the 'son' unless the deceased son left a will stating otherwise. The father or parents have the rights and authority to conduct funeral arrangements for his son. If the funeral home... View More

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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?

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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2 Answers | Asked in Probate for Michigan on
Q: If a sibling takes a paid off inherited home, not specifically willed, should she have to compensate siblings?

I rent, partly because I can't live with her and moved out due to her verbal abuse. The plan of my other siblings was I'd eventually live with her somewhere else to be paid off when the house is sold, as I'm not in a great financial situation. I've been paying rent over a few... View More

David Soble
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David Soble
answered on Jun 26, 2023

Generally, it is is not difficult to find out if a home is included in the assets of one's probate estate. If the house was part of the estate (left in the will) then the personal representative may have the authority to collect rent while a related person is living in the home during the... View More

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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

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