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Questions Answered by David Soble
2 Answers | Asked in Real Estate Law for Michigan on
Q: my wife and i live in michigan. we purchase a rental in wisconsin. the deed says we own it as husband and wife.

if one of us dies, does the property have to go through probate court?

David Soble
David Soble answered on Apr 5, 2021

Holding title to a property as "husband and wife" is another way of holding title jointly with the rights of survivorship.

Generally speaking, when one spouse passes, the other will take title to the property immediatey. This all happens without having to go through probate.

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: I'm listed as a resident at an address I've never lived at.

I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... Read more »

David Soble
David Soble answered on Apr 5, 2021

You can try to record an Affidavit of Suspected Fraud related to the property with the Register of Deeds. It would put anyone who was interested in the property on notice that you have no relationship to the home. Additionally, if you have a credit report, notify the credit reporting agencies that... Read more »

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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan on
Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?
David Soble
David Soble answered on Mar 29, 2021

An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: does 2nd addendum to purchase agreement supersede first addendum?

we have signed agreement to sell house. with addendum including appraisal guarantee - that buyer will pay the difference if appraised price is lower than agree-upon price. 2nd addendum includes other concessions like home warranty. all addenda seem to state clearly that they supersede any conflict... Read more »

David Soble
David Soble answered on Mar 26, 2021

A purchase agreement can have multiple addendums. With each new addendum, the provisions found in the earlier purchase agreement and or addendums will remain unless they are specifically revoked.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Mom decided to add my name to the deed found out she added my sons name on it so now i need to no which deed is real
David Soble
David Soble answered on Mar 10, 2021

Depending on how your mother's interest is reflected in the deed, any new deed where she she adds a person, will be the most recent deed provided that it is drafted properly. Not only does the deed need to be signed, dated and acknowledged properly, deeds have to contain the proper legal... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: How can I allow my wife to remain in my home until her death & then allow my child from a previous marriage to inherit ?
David Soble
David Soble answered on Mar 10, 2021

This is where real estate law and estate planning law intersect. You will need to either create a will or a trust, or in certain circumstances create a ladybird deed. You can create a life estate in a deed, or create a lease agreement as well. My suggestion is to consult with a real estate... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: can you sue for breach of contract if seller does give the right affidavit of fixture paper .

the paper was recorded wrong back in 1997 and the wont sign a addunmet are contract is over this friday.we waited 3months they have to fix the error then everything is good

David Soble
David Soble answered on Feb 28, 2021

If both parties to a contract perfom on a contract that is inconsistent with the terms of the contract, then in certain circumstances the perfomance can be used to show a new agreement or understanding between both parties. See ProvenResource.com for more information.

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2 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

David Soble
David Soble answered on Feb 28, 2021

As uncomfortable as it may seem, you will have to go through the eviction process. The first step would be to issue a Notice to Quit. That may be enough to encourage her to move, but not always. Good luck. See www.ProvenResource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I want to sell my home without my wife’s signature. The home was purchased in my name, but during the marriage.

I have the title and loan in my name only.

David Soble
David Soble answered on Feb 6, 2021

In 2017, Michigan ended what you describe as "dower rights." A spouses signature is no longer required to convey property. However, this does not mean that the title insurance company's won't still require her consent in order to convey marketable title.

See...
Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I sue a home inspector who had falsely report roof conditions?

Hired Home inspector before closing on a home. Inspector's report stated roof was in good condition for 6-10 years. I purchased home. Less than a month of owning home, Homeowners insurance company stated roof was in terrible condition. I had to replace roof before I could be insured. Looking... Read more »

David Soble
David Soble answered on Jan 31, 2021

Normally, home inspectors limit their liability to the amount of the price of their inspection report. They state this in their contract with the prospective homeowner. However, they are not protected from gross negligence. It is important for you to have an attorney review the home inspection... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Six of us are on the deed to a property. We are all over the US. Can we designate one person to handle the sale?
David Soble
David Soble answered on Jan 31, 2021

Yes, the group can designate one party to act as an Attorney in Fact under a Power of Attorney. The Power of Attorney will need to be filed in the county in which the subject property is situation.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I am going to be the banker for family members to by property how do i do it do i put land in my name then write a land
David Soble
David Soble answered on Jan 25, 2021

From your email, it sounds as if you wish to provide private financing. You most likely are going to need to create a land contract between you and your family, or create a private mortgage. Either selection has its pros and cons and so you should speak with a competent real estate attorney to... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: How long after a home inspection is complete do the potential buyers have to agree to go forward with the purchase?
David Soble
David Soble answered on Jan 13, 2021

That will all depend on the terms of the purchase agreement. Typically the buyer has 7 days from the date of the signed purchase agreement to perform an inspection (hire your own inspector - not one referred by your sales person). If there is a problem or concern raised by the home inspector, you... Read more »

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1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Are there any lawyers in the southeast Michigan area that specialize in FDCPA?

I see several on here, but i can't seem to get one to return my phone calls or email. If you specialize in going after debt collectors for violating the FDCPA or know of one located in that area, can you please leave a working phone or email i can reach them or you by? I would greatly appreciate it.

David Soble
David Soble answered on Jan 10, 2021

Probably the best thing to do is to contact the lawyer's office and request a set calendar time to speak with the attorney. This way you won't be frustrated with 'phone tag."

Good luck. www.ProvenResource.com

1 Answer | Asked in Real Estate Law for Michigan on
Q: Our buyer’s agent realtor disclosed our financial information to my brother-in-law. Is this legal?
David Soble
David Soble answered on Dec 29, 2020

Well, it would be quite unprofessional and unnecessary if your brother -in -law has no relation to the transaction contemplated. You may want to contact the agent's broker or the state of Michigan (LARA) to register a complaint. With regards to bringing a legal action, you would have to... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Do I have to have an expired judgment lien discharged in court?

I co-own a property with someone who had a judgment lien attached to our property. It is expired after 5 years and was not rerecorded. I know it will show up in a title search but will it be an issue?

David Soble
David Soble answered on Jan 10, 2021

Only to the extent that the title underwriter will want to see if the lien has been discharged. If it has not been re recorded and the expiration date is evidenced on the lien, then you should be fine.

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Q: I live where I work and they just sent me an eviction notice and it say I'm squatting, can get legally evict me?

I pay partial rent and don't have a rental agreement and been living where I work ( maintenance man) for 8 years. They wrongfully fired me but then gave me my job back at the end of the week (I didn't ask for it back) now I have an eviction notice saying I'm squatting and have to... Read more »

David Soble
David Soble answered on Dec 27, 2020

Without a written lease, you have a month to month rental agreement (oral agreement). Therefore, they would have to give you 30 days notice. You should also note that in Michigan there are new measures in place with the district courts related to the residential eviction process that require more... Read more »

Q: Can a Township building inspector require more stringent building codes that exceeds the state's building codes?

Building a pole building as a residential secondary building for personal storage. Typical 50 x 54 building with vertical beams spaced 8' on center. Inspector won't issue building permit unless beams are 6' on center. Also, inspector won't accept 18" preformed concrete... Read more »

David Soble
David Soble answered on Dec 18, 2020

The building code sets forth the minimum standard for construction. There must be something in the engineering report that causes their concern. A stamped report from structural engineer should be enough.

3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a tenant in common force the sale of the entire property to get their share of the property value?

We do not agree to the buy out amount they are asking us to give them. Not sure if Michigan law prohibits them selling the entire property (hunting land and a camp on the property). Are they only permitted to sell their portion?

David Soble
David Soble answered on Jan 10, 2021

Tenants in common can compel a sale of a co -owned property through a legal action called "partition." In most circumstances, joint tenancies, on the other hand, courts cannot compel parties to sell their property.

This is why it is so important to have an attorney review the...
Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: The title company says they need a copy of my divorce decree. The problem is I've never been married.

The divorced individual has the same name as me. I have two middle names and the first one is the same as his. They won't clear the title, what do I do?

David Soble
David Soble answered on Dec 9, 2020

Relatively easy to resolve - provide them with your social security number, and they will run up the name and SSN for the party to the divorce in question. No match means no problem. Additionally, you could also sign an affidavit for them, but the first method is easiest.

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