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Questions Answered by David Soble

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 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 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 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 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 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 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 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 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 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 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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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on

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

She says to find a house within $65k budget. We did, and there was cash to spare. So she gave us the rest of the money. During the process she kept saying she didn’t want to be part of it because it’s our house and as long as we stay within budget it’s not her business.

We had been... Read more »

David Soble answered on Apr 23, 2019

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).

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on

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

David Soble answered on Mar 31, 2019

Generally "no," you cannot remove these items as stated. These items have become 'attached" to the home and cannot be removed.

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1 Answer | Asked in Real Estate Law for Michigan on

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?

David Soble answered on Mar 29, 2019

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.

1 Answer | Asked in Real Estate Law for Michigan on

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?

What do you think of google earth?

David Soble answered on Mar 21, 2019

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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on

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?

He was recently kicked out of the house he was living in. Now he wants to move into the house he owns, while I'm still here. There is no written agreement.

I'm aware I can be evicted. I'm asking if he can legally move himself into the house without evicting me?

David Soble answered on Mar 15, 2019

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.

1 Answer | Asked in Real Estate Law for Michigan on

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

Contracted to sell for over $20,000... offer accepted at 16,000... house caught fire due to weather. Buyer dropped price to $4000. Agent is broker for us and buyer. 6% comission and 3% comission was in writing.. however, that would've been only like $240.. being charged $500 which was not... Read more »

David Soble answered on Mar 14, 2019

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

1 Answer | Asked in Real Estate Law for Michigan on

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

We are in a contract to purchase a bank owned auction property. We had to put down a 5% buyer premium on the house. The house appraised for $10,000 under our winning bid. If the bank is not willing to let go for the appraised price and we have to walk away are we able to get our 5% buyer's premium... Read more »

David Soble answered on Mar 7, 2019

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... Read more »

2 Answers | Asked in Real Estate Law for Michigan on

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.

My mother is trying to sell their home after my fathers death. Currently, I have a copy of the deed and the ONLY name that is one the deed is “his name., a married person.” My dad did not have a Will or any other legal documents at the time of his death. My mom wants to add her name to the deed... Read more »

David Soble answered on Feb 26, 2019

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... Read more »

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2 Answers | Asked in Consumer Law and Collections for Michigan on

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

Need to find the state laws governing this same law to amend the case for small claims.

David Soble answered on Feb 17, 2019

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;...
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1 Answer | Asked in Business Law, Energy, Oil and Gas and Real Estate Law for Michigan on

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?

I use electric company A ever since I moved into the apartment and was required to get it in my name. Now, 4 months into living here I get contacted by the company saying they paid a bill from company B and want me to pay them back. I have never used company B, didn't sign up or anything. Why would... Read more »

David Soble answered on Feb 11, 2019

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.

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