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3 Answers | Asked in Real Estate Law for Michigan on
Q: Do I need a lawyer for a partition action?

Ex girlfriend and I bought a trailer 6 years ago. Both of our names are on the title and the mortgage. She agreed to refinance when it became eligible, 4 years ago. She did not. She has been late on payments (but within the grace period) for a while but recently let the account go 29 days past due.... View More

David Soble
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David Soble
answered on Jan 19, 2025

This is a contract issue as this relates to a "trailer" and therefore does not come under real estate law. A trailer is not real property and you do not specifiy if the property on which the trailer sits, is yours. Therefore a 'partition action" may not the proper legal... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: My home buyers reneged on ADT security. Who pays the electrician to remove?
David Soble
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David Soble
answered on Dec 20, 2024

What does your purchase agreement state? If you had installed the system based upon their request and they now have backed out of the closing, you should be able to demand payment for 'altering' the premises. However, without seeing your written documents, it is difficult to answer.... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: As the seller, can I renege on the Purchase Agreement?

I'm unable to locate new housing. Also, addendum on contract for me to pay 4% of buyer's closing costs.

David Soble
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David Soble
answered on Dec 13, 2024

The agreement itself describes your rights under your purchase agreement, whether you are the seller or the buyer. If the agreement has proper provisions for sellers to withdraw, you may be able to do so. You also will need to look at the legal remedies available to the opposing side should you... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: Can someone build a small house on property that is in our dads name but is in an estate/probate.

Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?

David Soble
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David Soble
answered on Apr 24, 2024

It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: A man quit claims his property to his brother, that man dies. Does the man who quit claimed it, get it back?

The brother dies, does the original owner get it back? No one has been able to answer my question

David Soble
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David Soble
answered on Feb 19, 2024

A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee) the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: How, as the home owner, seller, do i get my deed cleared after a default was made on a land contract?

I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More

David Soble
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David Soble
answered on Feb 6, 2024

If you have a recorded land contract and the buyer defaults, then the only way to remove the land contract as of record is to have a court judgment against buyers in a land contract forfeiture action. This is true even if the buyer has abandoned the property. I hope this helps.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: A title company called to ask me to sign a quick deed for some land that I was going to buy last year. I didn't buy it.

Seems that my name is on the title, but I canceled the sell before putting any money down. Does this mean I own the land now? If I sign the quick deed, will I be somehow punished in the future for taxes or something else?

David Soble
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David Soble
answered on Jan 8, 2024

It sounds as if some how during the initial transaction, your name was placed on the title. If there was no consideration, and you canceled the transaction, then the title company may be trying to clear the title. A quit claim deed is used for just that purpose. When you endorse a quit claim... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.

Should we sign this or are we required to?

David Soble
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David Soble
answered on Dec 28, 2023

When the Seller's home disclosure is not endorsed by buyer prior to closing, the buyer actually waives any issues related to the condition of the home. So if the seller failed to disclose a problem with the home, the buyer would have to have the signed disclosure prior to closing if the buyer... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
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David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More

David Soble
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David Soble
answered on Nov 21, 2023

Generally speaking, a property can be considered abandoned when it is determined by a court officer or court that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to... View More

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2 Answers | Asked in Probate for Michigan on
Q: my stepdad signed a will leaving me the benificiary and im the one who witnessed it

so his kids are fighting the will and he didnt want anything to do with them

David Soble
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David Soble
answered on Jan 7, 2025

They can definitely challenge the will if there are no other witnesses or notary to the will. If you prepared the will and you are the only named beneficiary, to the exclusion of the other siblings, then there is a rebuttal presumption of undue influe nce by you over your parent. You have to ha... View More

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can a renter pursue a quiet title action under MCL 600.2932?

Under that MCL, "Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land" may seek such an action. Does a renter, through a lease, meet that criteria? Specifically, the... View More

David Soble
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David Soble
answered on May 13, 2024

To bring your action, you have to have a fee simple interest in the property, which you do not have. However, nothing prevents you from assisting your parents from asserting their rights and you advance funds to help them do so.

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

David Soble
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David Soble
answered on Mar 21, 2024

Great question. If the court order has been entered, then the fact that there is an estate opened now on the file is of no consequence. The estate will have a personal representative that will be tasked with completing the eviction process. I hope this helps.

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.

Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry

David Soble
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David Soble
answered on Dec 2, 2023

You could record a claim of interest on the property if in fact you had a legal right to the subject property. You must be careful as you could be slandering his title interest. Therefore, it is best to seek have a real estate attorney review the title abstract first, and then get with you as to... View More

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2 Answers | Asked in Foreclosure for Michigan on
Q: I need help there trying to take my house an sell it an I need an attorney
David Soble
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David Soble
answered on Nov 30, 2023

Not quite sure what your question is, however, in general there is a redemption period for most foreclosure sales - meaning that the homeowner is given a specified time after the foreclosure sale to still pay off the mortgage lender and retain ownership of the home. This is called the redemption... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: Legal claims for paying delinquent property taxes

I live in a property owned by my aunt that I pay her for. My aunt’s name and my mom’s is on the house. There was delinquent in taxes since 2021. I got a foreclosure notice from Saginaw county in Michigan. I went and paid all of the delinquent taxes for the property in August 2023. The aunt is... View More

David Soble
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David Soble
answered on Oct 29, 2023

Any agreements concerning real estate must be in writing, according to the "Statute of Frauds." The idea is that certain types of contracts must be signed and in writing to be valid because verbal or oral agreements dealing with real estate can create confusion and therefore, verbal... View More

1 Answer | Asked in Business Law and Civil Litigation for Michigan on
Q: Can the family of someone who sued a company file their own suit even after the original plaintiff is deceased?
David Soble
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David Soble
answered on Oct 20, 2023

Generally speaking, 'Yes' provided that an estate for the decedent is opened and the personal representative of the estate decides to pursue or continue the lawsuit.

2 Answers | Asked in Wrongful Death and Probate for Michigan on
Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?

I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?

David Soble
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David Soble
answered on Oct 18, 2023

The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them us

I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More

David Soble
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David Soble
answered on Oct 2, 2023

If your name is on a lease, then the only person who can agree to let you out early from the lease is, the landlord, and not your business/ family partners. Only the parties to the lease can agree to modify or change the lease terms, including releasing a party from their legal obligations.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can i request relief for a prescribed easement against a municipality?

There has been an unauthorized easement to my property for over 85 yrs. Ive only owned the property for 6 yrs. The path is the only way to get to my driveway or i have to park on the road. However, parking my vehicles on the road will block my neighbors driveways. The city road is only wide enough... View More

David Soble
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David Soble
answered on Sep 12, 2023

Sounds as if you don't agree with the easement, however, you can block the driveway and do whatever you legally wish, etc., The other parties who wish to use the easement will need to legally challenge your denial of permission to use the driveway. Otherwise, there is no issue until raised.

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