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Questions Answered by David Soble
3 Answers | Asked in Real Estate Law for Michigan on
Q: I’d like to keep house I bought with girlfriend but she will not let me buy her out nor will she agree to sell…

She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?

David Soble
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David Soble
answered on Jun 2, 2022

A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: How long does a person to complete a court order judgement in Michigan-- Repair easement and install a colvert

I settled back in the fall of 2021 The court order is to repair the easement and install a colvert so the water can flow back in to the drainage ditch like it before they changed it How long do i wait or do they have to do this court order before i have a letter or refile back in court

David Soble
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David Soble
answered on May 9, 2022

It will depend on what the court order or settlement agreement (if applicable) requires. If there is not a time set to complete the work, then it should be done within a reasonable time frame. However, most court orders will have a set time for a party to follow the court's requirements.... Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: we sold our cottage on a land contract. The buyer is asking for a quitclaim deed so she can get help with repairs since

she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.

David Soble
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David Soble
answered on Apr 30, 2022

Until the buyer satisfies the terms of the land contract, they should NEVER be given a deed. That is the point of having a land contract. It works like an installment sales contract; only upon successful completion of all terms will the buyer satisfy the agreement and have a legal right to the... Read more »

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a private road easement on my land. New owners bought the land behind and are widening and cutting trees and want

To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... Read more »

David Soble
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David Soble
answered on Apr 14, 2022

We would first want to know if the easement agreement was recorded. Second, the easement documents must be reviewed to see what the specified and permitted use is and how the current use of the neighbor violates that easement. Then, a legal cease and desist demand should be issued to the... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: My grandmother recently passed away. She did not have a will. The bills are up to date. How do we transfer the deed?

Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?

David Soble
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David Soble
answered on Mar 29, 2022

If you grandmother owned her home and died without a will, and the deed is in her name, then you will have to go through the probate process in order to have title conveyed to the 'rightful heirs." Dying without a will is called dying "intestate" and that means that... Read more »

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property.

I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he... Read more »

David Soble
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David Soble
answered on Mar 21, 2022

He is responsible for cleaning up the branches that fall on his property. However, generally, in Michigan, when limbs of a tree hang from Party No.1's property onto Party No. 2's property; Party No. 2 may have the right to trim the limbs that extend past the property line. Debris that... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: My son and I are paying for a house on land contract. I had to provide a Collateral house for first two years of the LC

We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses

David Soble
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David Soble
answered on Mar 21, 2022

I have drafted and enforced hundreds of land contracts in my career, and I can honestly say that I have absolutely no idea what you are speaking of; the terms and conditions sound quite unique to me, and so a real estate attorney like myself would need to see a copy of the land contract provisions.... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: can my ex spouse remove my name off of a home title or mortgage without my signature?

can he pay to do this without my knowledge?

David Soble
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David Soble
answered on Mar 8, 2022

That sounds unusual and I would need to know more, but generally, a judgment for divorce or an outstanding and valid power of attorney can both work to allow the transfer of title without your signature. You can learn more about this by visiting https://provenresource.com/library-resources/

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Neighbors tree is hanging in our yard. If we cut it it will die. Can they sue us?

The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?

David Soble
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David Soble
answered on Mar 2, 2022

Generally, in Michigan, when limbs of a tree hang from another’s property onto your property, you may have the right to trim the limbs that extend past the property line. However, two things are VERY important to know: (1) you may only trim up to the property line, and (2) you may only trim it... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a signed contract with a corporation to purchase my property the closing date is tomorrow .

They just sent me a text message saying that they can’t go through with the deal because they can’t get a contractor. However that’s not my problem. Can I take them to court and force them to close.?

David Soble
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David Soble
answered on Feb 14, 2022

You can bring a lawsuit provided that the purchase agreement allows you to do so. The legal remedies available to you are listed in the purchase agreement. Most likely, when you are dealing with a real estate investor / company, the only money that you can retain for damages is the amount of the... Read more »

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2 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Michigan on
Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... Read more »

David Soble
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David Soble
answered on Feb 14, 2022

Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is a text message legally binding if an amount was agreed to but the other party now wants more.

Our Son and Uncle own a home we are selling. Our Son moved away last year and we have done all the improviden improvements and upkeep. We agreed on$5000 but later told him $6000 in a text. He has since said he wants half which isn't reasonable. Can he be held to what we agreed on. He... Read more »

David Soble
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David Soble
answered on Feb 13, 2022

Generally, text between parties can be used to show agreements and understandings between them, even where there may not be a written contract or signatures. The conduct of a particular party performing certain tasks or actions in reliance upon statement made in text communications can be used by a... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Sellers agent gave my personal cell phone to the buyer months after the transaction. New owner will not stop harassing.

Are there laws preventing the agent from doing this?

David Soble
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David Soble
answered on Feb 13, 2022

Sharing personal information is addressed in the purchase agreement and listing agreements. If it is not specifically addressed and excluded, then there is little if anything that you can do legally.

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4 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Are deadbolt Anti-Intrusion devices legally allowed to be used by the renter in an apartment?

I am currently renting an apartment in Michigan and am having problems with the property manager. I placed an Anti-Intrusion device over the deadbolt of my door, for added security while at home. The manager is telling me this goes against my lease agreement, as per a rule stating that locks cannot... Read more »

David Soble
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David Soble
answered on Feb 13, 2022

If the lease provisions require permission from the landlord to change the locks, then the property mgt. company can prevent the installation of new locks. If you feel that the current locks are insufficient to provide you with adequate protection, then you should consult with the property mgt.... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: After a house is sold what can be done if the prior owner won't move. The realtor did not put an end clause at closing.
David Soble
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David Soble
answered on Feb 7, 2022

It will depend on the occupancy clause in the purchase agreement. If the agent did not put a date for the buyer's occupancy (not good) then, generally speaking, at the very least, the seller would have 30 days to vacate from the date of closing. Thereafter, the buyer could provide a 30 day... Read more »

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2 Answers | Asked in Real Estate Law and Insurance Bad Faith for Michigan on
Q: just purchased new build builder is not responding to the problems, roof leaks basement drains cloged outside grade bad

What do I do?

David Soble
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David Soble
answered on Feb 13, 2022

Your building agreement should require that the work performed by the builder be done in a workman like manner. If you are having issues with drainage or grading, you should first go to the building dept. at your municipality and see the plans that the builder filed. Then ensure that the site... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: We would like to take legal action against the person who sold us our home/the inspector for nondisclosure.

I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we... Read more »

David Soble
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David Soble
answered on Jan 12, 2022

Sorry to learn about your circumstances.

To prevail in a Seller Non -Disclosure Action- which is essentially a fraud action, you need to prove that the Seller intentionally made statements or omitted information designed to mislead the buyer. In other words, the Seller had to have a...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: When filling out a quitdeed to avoid probate court in Michigan, do you need to put in a survivorship clause?

With 2 people being on the quitdeed in case something happens to one of them

David Soble
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David Soble
answered on Jan 7, 2022

Deeds must contain the "magic" language to convey title properly to a grantee. Failing to have this language may create legal problems and unnecessary expense if the deed is not drafted properly.

There are several types of deeds and there are various ways that title can be...
Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Our renters have defaulted in their rent. They sold their previous home on land contract to their kids.

Their kids have defaulted on the LC and are now trying to sell the home. Can we place a lien against the home?

David Soble
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David Soble
answered on Jan 4, 2022

I don't see why you would need to put a lien on your home when you are selling it under a land contract. You, as the seller, should still have title in your name. The buyer needs a deed from you to do anything with it including closing on the sale of the home. Should they wish to sell the... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: If I break my 1 year lease agreement with 4 months remaining and my landlord decides to move back into the home,

Is it considered subleasing? Would I still be held reliable to pay the remaining months rent?

David Soble
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David Soble
answered on Jan 15, 2022

Your landlord has a duty to mitigate their damages. If they lease the property out immediately, then it is unlikely that they will have an action against you for back rent. They do have the right to pursue you for any material damages that you may have caused- so make sure that you timely complete... Read more »

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