Questions Answered by David Soble

Q: Decease Step Mother Left no will, son name listed as one of the owners. Is my Father liable for the property still?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Apr 24, 2019
David Soble's answer
The question becomes "HOW" was your step mother's son left the home? What type of interest did he have on the deed? If your father's name is not listed on the property, what liability are your referring to, that he should have any concern about? Contact a real estate attorney who can review your documents. See also: www.provenresource.com

Q: Where can i find forms for quiet title?

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Answered on Apr 23, 2019
David Soble's answer
There are no forms to quiet title to real estate. A quiet title action is performed by real estate attorneys. To quiet title is to litigate. If you have the time and experience to litigate a matter, and you are a licensed attorney, then you should feel right at home with the courts. Otherwise, check out this slide presentation:

Five Reasons You May Not Even Need An Attorney -www.provenresource.com/slides Good luck! Remember, nothing of value is free.

Q: Ex wife did not refinance loan for house from divorce and mortgage just increased $10,000 w/o my sig. Is this legal

2 Answers | Asked in Consumer Law, Divorce and Real Estate Law for Michigan on
Answered on Apr 23, 2019
David Soble's answer
You should not be held responsible for the additional monies that your wife took from the mortgage company after the divorce decree was entered. It is most likely that you will be held responsible for the debt prior to the new advances.

Q: I just found out that in my dads will he said i would get his house, but now someone else owns it. Could i still get it?

2 Answers | Asked in Real Estate Law for Michigan on
Answered on Apr 23, 2019
David Soble's answer
You are missing some facts in between here. How long ago did your father leave the home to you in his will? What happened to the home from the date of death until now that there is a third party now owning the home? Your question begets more questions.

Q: My mother in law bought us a house. Now she wants us to pay her back...

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Answered on Apr 23, 2019
David Soble's answer
How unfortunate. If the intent was to give the money a gift, then generally speaking it will be considered a gift. Absent any documentation to the contrary - any promises or contracts as they relate to real estate must be in writing (Statute of Frauds).

Q: Being evicted from land contract home. Can I remove improvements I made like cabinets, stairs, flooring, water htr etc?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Answered on Mar 31, 2019
David Soble's answer
Generally "no," you cannot remove these items as stated. These items have become 'attached" to the home and cannot be removed.

Q: My land contract owner will not let me pay it off early. I have the ability to do it now she refuses. What can I do?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Mar 29, 2019
David Soble's answer
The land contract provisions control however, generally speaking, Michigan law as well as federal law has certain restrictions concerning land contracts and pre-payment. Have a competent real estate attorney review your contract.

Q: A survey of our new home shows 7 feet of our yard is in the sellers field. Is there any way we can keep that strip?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Mar 21, 2019
David Soble's answer
To give a legal opinion would require that a real estate attorney review the survey and review your purchase transaction documentation. That is how you would start this inquiry. FYI - while I like 'Google" I don't believe that Google Earth is a reliable source. Only a competent real estate attorney and a licensed field surveyor can assist you.

www.provenresource.com

Q: My dad owns a house he hasn't lived in for 10+ years. I've lived here for 8. Can he move back in without evicting me?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Answered on Mar 15, 2019
David Soble's answer
Unusual question because it is between family members, but generally speaking, without any existence of a written lease, he could evict you under the theory that you are a month to month tenant.

Q: Our real estate broker is charging a base of $500 and this was not disclosed verbally or in writing.

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Mar 14, 2019
David Soble's answer
Sometimes in the property listing agreement it will say the commission or fee is "x amount, but never less than $500." Without seeing your documents, this is my impression of why the fee is what it is. If you need more information, go to www.provenresource.com

Q: Purchasing an auction property. We had 5% buyer premium on the line and house did not appraise. Can we get premium back?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Mar 7, 2019
David Soble's answer
When dealing with a private property auction company be prepared to engage with a more complicated sales contract. They are very often "boiler-plate" and favorable to the seller. From the facts as presented, the contract provisions will prevail. Usually, there is very little room for refunds. A competent real estate attorney should review your document further. It is also better to have an attorney draft or review the sales auction contract before hand, and not after the fact. See...

Q: My father passed away and did not have a will. I have the deed for the home w/his name on it only. How can I move fwd.

2 Answers | Asked in Real Estate Law for Michigan on
Answered on Feb 26, 2019
David Soble's answer
Unless the deed states your Mother's name, (He doesn't state who his wife is in your facts) then it seems that she or someone in your family will have to go to probate court and ask to be assigned as a personal representative. This is more common than you think. Please visit www.Provenrsource.com for more information.

Q: Was suing a coll agency for FDCPA under Sec 806, 807(b) and 809 (b). They've filed a not of removal to fed. look st law

2 Answers | Asked in Consumer Law and Collections for Michigan on
Answered on Feb 17, 2019
David Soble's answer
You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically

MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.

Q: My apartment company called me saying they paid a utility bill from an electric company that I don't use. What do I do?

1 Answer | Asked in Business Law, Energy, Oil and Gas and Real Estate Law for Michigan on
Answered on Feb 11, 2019
David Soble's answer
Sounds strange. I would want to see the invoices first before paying for the alleged invoices. I am not sure how two different utility companies can service your one residence unless one provides the gas and the other provides electric. Trust but verify.

Q: My tenants lease expires 3/30. They want to do a walk through that date. Must I give them their security deposit then?

1 Answer | Asked in Landlord - Tenant for Michigan on
Answered on Feb 10, 2019
David Soble's answer
You don't need to have the tenant there to do a walk through of the property, however, you do need to complete the check out list and provide them with a copy of your checklist with an itemized list of damages and costs for repairs within 30 days after the termination of occupancy.

Michigan law also requires that the tenant has an obligation to notify their landlord in writing within 4 days after their move out date of a forwarding address where they can be reached and receive mail;...

Q: contract with a realtor is up.I'm planning to list with a new realtor.Is the first realtor entitled to any commissio

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Jan 31, 2019
David Soble's answer
You will need to review your real estate agency agreement to see if there is a "protection period." Usually 180 days, if there is a protection period, then you will need to honor the same or may be held accountable for the previous agent's commission. You can see an entire article on this topic by going to https://www.provenresource.com/firing-your-realtor. Good luck!

Q: How does one "probate an estate" in Greene Co, AL?

2 Answers | Asked in Probate and Real Estate Law for Michigan on
Answered on Jan 24, 2019
David Soble's answer
Your question is not clear as to where your father lived or where the real estate is located. Each state has it's own laws. If this matter pertains to an Alabama probate / real estate matter, then you will need to advice and counsel of a licensed probate attorney in Alabama. If the property or your father resided in Michigan, then we can be of assistance.

Q: what do I need to do to sell a home jointly owned by me and my incapacitated mother?

2 Answers | Asked in Real Estate Law for Michigan on
Answered on Jan 16, 2019
David Soble's answer
Having a conservator appointment by the court is probably the best approach since this is an issue of legal capacity and you as a joint owner, have a position of influence over her. However it should be known that someone who is diagnosed with dementia may still have a sufficient understanding of the document that they are signing and the document's effect. Each person's situation is different and so an evaluation by a medical professional as to what that specific person is capable of...

Q: I have two defendants in a roof install case...both want any case filed in their Michigan County. The roof was

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Answered on Jan 15, 2019
David Soble's answer
Unless you have a signed contract that specifies a specific county of jurisdiction, you would file in the state district court closest to where you live and where the property is located.

Q: My wife died recently. The house is in her name. Do I need to go through probate to get into my name?

2 Answers | Asked in Probate for Michigan on
Answered on Jan 9, 2019
David Soble's answer
Yes, but the process should not be terribly difficult if there is a named personal representative in her will. If no will exists then expect to take a bit longer. See www.provenresource.com/probate

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