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Questions Answered by David Soble
2 Answers | Asked in Real Estate Law for Michigan on
Q: I own property in Emmet county Michigan that I still owe on (25% of the original contract). can I sell a portion of it
David Soble
David Soble answered on Jul 10, 2020

It will depend on what your contract provisions say. Have an attorney review the terms of the agreement.

Www.provenresource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If my neighbor's yard drain fails and causes flooding on our property (& basement) are they liable for damages?

We really want them to (reasonably) fix the water issue so it doesn't happen again. They are not appearing to be cooperative. What rights do we have?

David Soble
David Soble answered on May 13, 2020

Depending upon the amount of damages claimed and the evidence the damages resulted from your neighbor's defective drain, litigation may be your only alternative to seek redress - if your neighbor fails to acknowledge or cooperate with resolving the matter. Sometimes just a filing of a suit may... Read more »

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Right of easement?

We own a house with a neighbor who we share a driveway with. We also have woods behind us. The property line is a little uneven, but splits the property in half for the most part. Unfortunately, part of the neighbors property is the edge of the start of our driveway. In our deed, when we bought the... Read more »

David Soble
David Soble answered on Apr 29, 2020

Is there a private road agreement between you? Usually when homeowners share a driveway there is a private road agreement. You may have pull a title abstract to verify this. This will determine the parties rights, BEFORE you have to go to court without any legal guidance.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I'm buying a house that has a tenant living in the house. The purchase agreement was in place before the governor place

the say at home order. I'm afraid the tenant is not going to move. The agreement was I get the keys at closing. Can I legally make them move?

David Soble
David Soble answered on Apr 29, 2020

Your hold over seller becomes a tenant after the sale closes and so if they do not move timely, you will have to file an eviction action. Depending on where you live right now, because of the pandemic lock down, many courts are closed and will not hear eviction actions. So you need to be aware of... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: We have received a Notice of Hearing for a PAO Petition and Order, from protected person's Trust we sold a house on L.C.

They bought the Land Contract out in 2018. I thought we had nothing else to do with this property as I hired a Title Co. (Michigan) and what turned out to be a double-dealing attorney. I don't know what a PAO is. I know what a POA is Power of Attorney, but this PAO

David Soble
David Soble answered on Apr 29, 2020

I handle quite a bit of land contact issues for client for over 30 years. I have no idea what a PAO is or what it has to do with the land contract at issue.

So I would need to see what this document says before I comment further.

David Soble

www.provenresource.com

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1 Answer | Asked in Foreclosure for Michigan on
Q: Why would our servicer close our foreclosure with their attorneys?

We are facing foreclosure, so we applied for a modification & our servicer put the proceedings on hold with their attorneys while a a decision is made. Saturday, my online account showed there was a decision made, but the mod Dept says there hasn't been any decision. I contacted the... Read more »

David Soble
David Soble answered on Mar 23, 2020

With the current pandemic, if your loan is an FHA or FNMA loan, there is an adjournment of foreclosures for 60 days right now. If the virus still lingers, then I speculate that further mortgage foreclosure relief will be coming. Nothing can happen in the foreclosure process and the lender will... Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: A related question. Dad put sis on his deed. He wants to add me. Does sis have to agree?
David Soble
David Soble answered on Mar 21, 2020

When it comes to deeds, there has to be an agreement by the Grantee to take delivery. If the Grantee does not want to take delivery of a property, then there is no conveyance. However, Grantors do not have to ask an intended Grantee if they want to be named on the deed with another party. There... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am moving from a home and am having a walk through done without a prior check list from when I first moved in can they

Withhold my deposit if they never renewed my lease and redid a new checklist

David Soble
David Soble answered on Mar 21, 2020

The importance of a move- in check list cannot be stressed enough. However if there is no move in check list, then the landlord has the same issue as you do - attesting to the former condition of a home. So if there is a dispute as to the move-out condition, it's your word against theirs.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I signed a NDA and Purchasers Agreement for Commercial Real Estate & the Landlord is telling me not to deal with Broker

I had to sign the NDA prior to getting the complete full listing of the Commercial Retail space. After that, I then initialed the Purchasers agreement, and the Broker told me that I had two weeks after acceptance from the Seller to back out or terminate the deal then I could. Well I haven't... Read more »

David Soble
David Soble answered on Feb 20, 2020

It depends on what the Non -Disclosure Agreements says. Usually in a commercial brokerage agreement there will be some provision dealing with Non-Circumvention of the broker.

Once listings or buyers agreements are endorsed with a broker, the signor may be obligated for a sales commission...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I find out when someone actually vacated a house I own half of?

I was quit claim deeded 1/2 a house/land when my step dad died. He also made provision for his gf to live there one year after he died. The house is now vacant but I believe she moved out long ago and my 1/2 sister, the other owner chose not to have her attorney notify mine that the house was... Read more »

David Soble
David Soble answered on Feb 19, 2020

If you have a half interest in a home as tenants in common with another owner, you can sell your interest without the other owner's permission. You can also file a partition action that requests that the court to order that the home be sold and the sales proceeds, split in accordance with your... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Easement had verbal when my dad was alive now he is gone and the Paper and timber co.'s want big $$ to have access

My father had verbal easement from them and he is dead they don't know my brother or myself so we are screwed I think. Is it possible being they gave them permission in past

David Soble
David Soble answered on Feb 16, 2020

There is no such thing as a 'verbal easement." This is pursuant to a long standing legal doctrine known as the "Statute of Frauds." The Statute of Frauds requires that agreements related to real estate are reduced to writing in order to prevent fraud. Therefore all contracts... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: What happens if we are unable to get rid of all of the household items before the new owners move in?

My son inherited my ex-husband's house after his death. My son is three hours away at college, so we (myself and husband) have been responsible for cleaning the house out. The house sold, and the new owners will take possession in couple of weeks. We've had an estate sale, and now have... Read more »

David Soble
David Soble answered on Feb 16, 2020

Generally, purchase agreements require that a home be vacated by the seller before a closing. That would include the seller's personal property. Buyers should perform a 'final walk through" of a home before a closing to ensure that the home is in the same condition that it was at... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: My husband and I are joint owners of our home. He passed away, and I would like to transfer the deed into my name.

What documents do I need, and where do I go to get the transfer done?

David Soble
David Soble answered on Feb 16, 2020

A copy of the recorded deed should be sufficient if it states that you and your former husband owned the property as "husband and wife" or "jointly with rights of survivorship." If this 'magic language' is not contained in the deed, then you will need to consult with... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: The company that manages my condo is holding up a sale. Do we have a legal standing?

I own a condo I am trying to sell. The property management company is showing a negative budget which is holding up the sale. Do I have any legal standing?

David Soble
David Soble answered on Feb 16, 2020

No, sorry, but you don't. The buyer of your property has the right under Michigan law to review the association's financial status and by-laws. If they are unhappy with the association's records, they can walk away. Otherwise, absent any other outstanding sale contingencies, the... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: My friend faces possible eviction, with 4 kids in the home, they are almost 3 mos. behind on rent?What are their options

Her husband has been out of work and ubering, to try and make enough cash, but they haven't been able to catch up on the rent, though they keep making payments

David Soble
David Soble answered on Dec 22, 2019

I am sorry for your circumstances, however, if you are behind on payments, the landlord does have the right to ask the court to evict you and your family. I would contact your landlord and see if he will take partial payments. Bankruptcy can be another option however. That would stop an... Read more »

2 Answers | Asked in Foreclosure for Michigan on
Q: Is a notice to vacate an eviction notice the notice says? I have 10 days to vacate,is this considered a lawful eviction

The notice is from a law office and they are also offering to by back the key to leave a month after the 10 day notice to vacate. I’m confused and I just want enough time to move all of my belongings

David Soble
David Soble answered on Dec 18, 2019

Get in touch with the entity that is offering you $$ for the key. Make sure that it is not a scam and that they are authorized to act on behalf of you lender. The fact that there is a 10 day period from date of the writ being issued is important - so make sure you confirm with lender's... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is it required by law or is it just customary practice for the seller to pay for the title insurance for the buyer?

I am the seller. A prospective buyer made a very low offer. As an incentive for me to accept this low bid, he is acting as his own agent (since he has worked as a real estate agent in the past) and is foregoing a commission. (However, he did use my agent’s office’s forms to present the offer!)... Read more »

David Soble
David Soble answered on Dec 14, 2019

It is purely customary. The parties can negotiate who will pay for any fees or expenses as they relate to your real estate closing.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

1 Answer | Asked in Real Estate Law for Michigan on
Q: I am starting a wholesale company in MI. In my title i put real estate solutions. I am not a Realtor. Is this allowed.
David Soble
David Soble answered on Dec 11, 2019

Yes. There is no legal requirement that you need to be a licensed real estate agent in order to use the term "real estate" in your company name. There are other restrictions against non agents, but this is not one of them.

www.provenresource.com

1 Answer | Asked in Foreclosure for Michigan on
Q: We live in Michigan and have a question about foreclosure.

We were notified about default/intent to foreclose. Notice was published in paper with sale date for March 2019. We applied for modification and during this sale was postponed until May 16th. Foreclosure proceeding were stopped while reviewing but we were denied. We appealed denial. Were they... Read more »

David Soble
David Soble answered on Dec 9, 2019

The lender's attorney only has to file an adjournment of the sale with the County. They do not have to restart the publication from the beginning. Based upon your narrative, it seems that the attorney continued with a weekly adjournment of the sale while your appeal was pending.

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