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Questions Answered by David Soble
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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1 Answer | Asked in Real Estate Law for Michigan on
Q: Will a mortgage lender find out about a voluntary lien on home? If so, will they do anything about it?

A relative of mine bought a 334k home in August. The equity of his old home that he had sold was supposed to go to his kids, but instead of giving it to his kids he put the equity into his new home which was 91k. When his kids found out that he had done that, they hired a lawyer and came to an... Read more »

David Soble
David Soble answered on Nov 28, 2020

Liens are placed against homes all the time. There are judgment liens, tax liens, construction or contractor liens to name a but a few. Provided that a filed lien is subordinate to your mortgage lender's priority lien, they should be no issue because your first mortgage lender has first... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: The County Sheriff's office issued to my addresses on number and street that doesn't exist?

When I bought the house in 2000 I closed had a title company paid for title insurance and the owner either committed fraud or just try to get over. The person I bought the house from has adjoining land ,that he said was the easement and I have being using it every since. But I just tried to... Read more »

David Soble
David Soble answered on Nov 28, 2020

An experienced real estate attorney will have to see your purchase documents, the title work and the title abstract at the time you purchased the home. These type of cases take time to develop and unwind. To use the term "fraud" is to imply that the seller had a 'willful and knowing... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I just got a 30 day notice on a month to month rental, under covid do I have any rights?
David Soble
David Soble answered on Nov 28, 2020

That will depend on whether your dealing with a residential or commercial property. Legal protections apply to residential rentals only. With the advent of the recent pandemic, there is a moratorium on residential evictions and foreclosures for certain matters concerning non payment of rent.... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I found severe structural damage during final walkthrough that inspector didn't catch. What are my options w/o walking

House was for sale by owner with assistance from agent friend. The day after placing an offer on the house, the seller moved out of state. Seller did not disclose damage and verbally stated she used 1 car detached garage just for storage through that single garage door. Inspector couldn't open... Read more »

David Soble
David Soble answered on Nov 22, 2020

If there is a structural issue or home defect that comes to light prior to a closing and the seller should have disclosed the defect that was known to them, then you may have grounds to cancel the transaction. The fact the home inspector could not get into the garage to do their home inspection... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Is there a Real Estate Law that prohibits/denies a tenant of an apt building the right to see their financial file

The file in which copies of money orders and checks are kept

David Soble
David Soble answered on Nov 16, 2020

It sounds as if you are requesting to see your landlord's payment ledger. There is no 'law' per se, however, if you are challenging how you made your payments or how they were credited, you should have copies of your own payment receipts through cancelled checks or money orders.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: What if the apartment complex is not registered as a rental in Oxford mi. I just found out.

The stairs to get in and out of the apartment need to be rebuilt. And the landlord disagrees and thinks it only needs to have a few repairs. The stairs are dangerous and I hate to see anything happen to anyone.

David Soble
David Soble answered on Oct 29, 2020

This could be a code enforcement issue. I would contact the city housing or ordinance enforcement department with your concerns.

1 Answer | Asked in Child Support, Estate Planning, Real Estate Law and Probate for Michigan on
Q: My biological father passed away in 2001 still owing back child support.

I'm 38 his friend that was the cosigner on his house passed july 2020. Can me and my adult sibling sue her estate for back child support Michigan since after he died it went to her they weren't married

David Soble
David Soble answered on Oct 29, 2020

This is really not a real estate matter, but more or less a divorce or family law matter.

2 Answers | Asked in Banking, Consumer Law, Contracts and Real Estate Law for Michigan on
Q: Real estate question. Hello all. Can I sue my mortgage lender?

I was buying a house and closer decided to end the deal due to lender not meeting closing date. I know meeting closing date is not guaranteed but every time I try to contact them they never called back. When I was finally able to contact them (two day before my closing date) they said they needed... Read more »

David Soble
David Soble answered on Oct 29, 2020

One would need to determine if you received written notice of any outstanding conditions or items necessary to complete your mortgage application. If not, it is highly unlikely that you could sue the lender for their negligence however, unless you could show that you were already approved for the... Read more »

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3 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I bought a house in Michigan that has an easement (Ingress, Egress, and Utility) to 10 acres that is landlocked.

The 10 acres is only land but I spoke with the owners and they stated they plan to build a house there.

Are they allowed to build a house with the type of easement it is?

Do they have full rights to use the easement as a daily driveway?

Any way I can prevent this?

David Soble
David Soble answered on Oct 29, 2020

There is somethin called an easement by necessity. An easement by necessity is an easement implied by law in favor of grantees/ owners that have no access to their land except over other lands owned by the grantor or a stranger. The law will imply an easement over the grantor's land when such... Read more »

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If a couple has one of the sets of parents living with them in Michigan, is that considered, generally, “multi family?

Wife and I are living in our daughters and son in laws basement in Gainesville, GA. Son in law has taken a new job in Michigan. Daughter, wife, and I are planning to follow him as soon as Gainesville house is sold. Many of the Michigan houses we’ve looked at online have a basement that a) has or... Read more »

David Soble
David Soble answered on Oct 29, 2020

A multi-family home is a single building that's set up to accommodate more than one family living separately. The key word is "separately." Multi-family properties are often apartment buildings or duplexes. What your proposing or questioning has to do with the municipal codes.... Read more »

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Our landlord just died, no will. His sister wants no expense of a second home; she thought of transfering mortgage to us

The sister and brother are only heirs, the brother wants nothing. The sister said the landlord talked highly of us, she cannot have the expense of a second mortgage & she would like us to have the home yet needs to figure out the mortgage. She had asked us to keep depositing our monthly... Read more »

David Soble
David Soble answered on Oct 29, 2020

Well you can continue to pay under the lease as if the Landlord had not passed. However, if you like the home, as the landlord's heirs are willing to sell it to you, go get a mortgage, or at the very least have a new sale agreement drafted. But before you do anything, the title to the home... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a claim for adverse possession and need help, land bank sold my yard! Been on my home 10 yrs

Lived in my home 10 yrs. my yard is fenced off by a privacy fence that’s attached to my home. Literally to the masonary of my home. Recently my neighbor tells me they bought my yard 25 feet of yard that’s btwn our homes. The Detroit Land Bank sold it, saying it was a lot. Sum1 dropped the ball... Read more »

David Soble
David Soble answered on Sep 19, 2020

Generally, to prevail in a claim for adverse possession, you will need to show the following:

1. Your use was open and notorious. Your use can't be secretive or hidden. Use is open to the public.

2. Hostile. Which means the use infringes upon the rights of the owners of...
Read more »

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