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Questions Answered by David Soble
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is the landlord responsible for damage to the tenants property?

I received a phone call from a tenant stating that a leak in a bedroom had started the night before as a result a part of the ceiling fell down due to the excessive raining damaging some of the tenants property. Am I responsible for any property that was damaged of the tenant?

David Soble
David Soble answered on Oct 3, 2019

The landlord - tenant relationship has several implied warranties that the state law recognizes. The warranty of habitability requires landlords to keep their property habitable regardless if their are provisions in the lease that require a tenant to make minor repairs. Large repair items such as... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can an associate broker operate a property management business aside from the company he is licensed with.
David Soble
David Soble answered on Oct 3, 2019

In Michigan, the state requires that a property management company be owned and operated by at least one person who is licensed as a real estate broker. To the extent that you can operate such a company and also be licensed with your current broker is a determination that can be made between the... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: can a purchaser legally sell or rent a house on land contract if theres a mortage?
David Soble
David Soble answered on Oct 3, 2019

Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My fiance and I collaborated on purchase of a home. He is on the mortgage and we are both on the deed.

He did a quit claim after the closing, but still at the title office. A new deed was transferred to both our names at that time.We received a notice from the county that his quit claim on the deed had been transferred and recorded to reflect both of our names. Recently, we have found... Read more »

David Soble
David Soble answered on Sep 28, 2019

Based on the limited facts as presented, it sounds as if sometime in the closing of the mortgage, there may have been another deed drafted replacing what you had initially intended.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My apt complex removed everyone's balconies mid-lease. They claim that the city made them do it. What can we do?

The apartment complex completely removed everyone's balconies mid Lease without offering anything in return. I was wondering if we might have a class action lawsuit against our landlord to receive rent reduction or break our leases without penalty.

David Soble
David Soble answered on Sep 28, 2019

While it sounds as if the complex was removing the balconies in compliance with the city's building enforcement, there is no harm in requesting a reduction in rent because the balcony was part of the space initially leased. You may have the ability to exit the lease without penalty, however, the... Read more »

1 Answer | Asked in Real Estate Law, Constitutional Law and Municipal Law for Michigan on
Q: Can a building inspector enter into a private home without a warrant?

Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?

Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?

David Soble
David Soble answered on Sep 19, 2019

Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.

If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners' registered...
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1 Answer | Asked in Foreclosure for Michigan on
Q: Hello. I am looking to investigate a foreclosure on a house back from ca. 2007 - 2010 with the lender being BofA...

I was req'd to fill a Form 1099-A for the Value of the House being more than what was owed. 'looking to send an inquiry to lender seeking funds, even though foreclosed?

David Soble
David Soble answered on Sep 10, 2019

First, your rights to challenge the foreclosure or anything related to the foreclosure action have been extinguished when your redemption period expired. Second, you should not have had any tax consequences related to this transaction if the bank received their monies owed at the time of the... Read more »

4 Answers | Asked in Collections for Michigan on
Q: I have a judgement against me by consent allegedly entered by my defense attorney, I don't have an attorney

I have never heard of this attorney that allegedly represented me, I have not gone to court over this matter, but apparently a hearing was held and an attorney seems to have claimed to represent me, and consented to a judgement against me, and agreed on my behalf for me to repay the money. But... Read more »

David Soble
David Soble answered on Sep 10, 2019

If you can verify this information, then you could go back into the same court that issued the judgement and motion that the court to set aside the judgement. Usually you have 1 year from the date the judgment was entered.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Does having POA give that person absolute power of the sale of joinly owned property that was inherited?

Myself, two brothers and my sister inherited property when our Dad died. The property is for sale and we cannot agree on a selling price, deadlocked at two votes each. My sister, who has POA claims that she can make the decision without our approval and has continued to lower the price against one... Read more »

David Soble
David Soble answered on Sep 9, 2019

She is incorrect. The power of attorney is only good while your father was alive. Upon death, a power of attorney expires. The property must go through supervised probate unless there is a will. On another note, when using a power of attorney in a real estate transaction, the power of attorney... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My wife won't sign refinance papers, what can I do?
David Soble
David Soble answered on Sep 10, 2019

If she is on title with you to the home, then there is not much you can do. She does not have to be obligated on the mortgage and still be on title to the home, however, and you should get with your lender for making those arrangements.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Found Quit Claim Deed Joint Tenants in common from a deceased family member dated 2017 Wayne County MI. File it?

Family listed on the quit claim deed has come together in agreement to sell the property. Concern is that the deed was never filed in court.

David Soble
David Soble answered on Jun 17, 2019

There is no such thing as joint tenants in common. If the deed was not prepared correctly before a death, it is invalid, regardless if it was filed. Deeds are legal documents that require specific legal la gauge to make proper conveyances of a party's property interest. Failing to have... Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: MI property owned by two but title never stated if joint tenants or common. Whats default then?
David Soble
David Soble answered on Jun 15, 2019

Michigan law presumes that without the "magic legal language" contained in the deed, the co-owners will own the property as tenants in common. This means that either party can sell, lease, or bequeath their interest in the whole, to anyone they please, without the permission of the other co-... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: Can me and my husband buy his mother's house on a land contract when husband and brother is in her will
David Soble
David Soble answered on May 21, 2019

Generally, yes, as their interest will be subject to the land contract that you and your husband take from your mother.

People devise their property in anticipation death, however, circumstances change and if a person transfers property during their lifetime, (with certain restrictions...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a lawyer charge double just because theres two of us?
David Soble
David Soble answered on May 16, 2019

Your question raises more questions. However, generally speaking, representing multiple parties requires more work, so it will really depend on whether your legal interests are in line with each other or not.

www.ProvenResource.com

1 Answer | Asked in Real Estate Law for Michigan on
Q: Do I have to group a house and additional lot together when remortgaging?

I'm in the process of acquiring my parents home. They remortgaged it in 2004. Now I'm being contacted by someone who is threatening me saying that the title company wants the additional plot of land added with the house. Do I have to listen to him or can I just leave it as is? I've been talking... Read more »

David Soble
David Soble answered on May 15, 2019

If the additional parcel and it's legal description was included in valuation of the property for the mortgage lender, then it should be included in the mortgage and encumbered by the same. If the title company 'missed" this parcel and this description initially, you may still have to correct this... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Michigan on
Q: Realtor failed to send my signed acceptance of offer b4 deadline and buyer walked. What is my recourse vs the realtor?
David Soble
David Soble answered on May 9, 2019

You should contact the realtor's broker to register you complaint. That's where you should start. The board of real estate has a grievance procedure as well. If all else fails, you might want to file a complaint with the Michigan's professional licensing division - LARA.

Good luck,...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Decease Step Mother Left no will, son name listed as one of the owners. Is my Father liable for the property still?

Her and father married for 18 + years. The house was refinanced and my fathers name was removed and her son and grandson's name is listed.

David Soble
David Soble answered on Apr 24, 2019

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... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Where can i find forms for quiet title?
David Soble
David Soble answered on Apr 23, 2019

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,... Read more »

2 Answers | Asked in Consumer Law, Divorce and Real Estate Law for Michigan on
Q: Ex wife did not refinance loan for house from divorce and mortgage just increased $10,000 w/o my sig. Is this legal

Ex-wife won the house and all debt associated in the divorce but there wasn't a timeline to refinance written in the agreement. I know she has been able to defer payments/remodify without my signature but this last Jan/Feb the loan balance increased by $10,000 and she bought a brand new camper.... Read more »

David Soble
David Soble answered on Apr 23, 2019

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.

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2 Answers | Asked in Real Estate Law for Michigan on
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?
David Soble
David Soble answered on Apr 23, 2019

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.

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