Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Soble
2 Answers | Asked in Real Estate Law for Michigan on
Q: Is it required by law or is it just customary practice for the seller to pay for the title insurance for the buyer?

I am the seller. A prospective buyer made a very low offer. As an incentive for me to accept this low bid, he is acting as his own agent (since he has worked as a real estate agent in the past) and is foregoing a commission. (However, he did use my agent’s office’s forms to present the offer!)... Read more »

David Soble
David Soble answered on Dec 14, 2019

It is purely customary. The parties can negotiate who will pay for any fees or expenses as they relate to your real estate closing.

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

1 Answer | Asked in Real Estate Law for Michigan on
Q: I am starting a wholesale company in MI. In my title i put real estate solutions. I am not a Realtor. Is this allowed.
David Soble
David Soble answered on Dec 11, 2019

Yes. There is no legal requirement that you need to be a licensed real estate agent in order to use the term "real estate" in your company name. There are other restrictions against non agents, but this is not one of them.

www.provenresource.com

1 Answer | Asked in Foreclosure for Michigan on
Q: We live in Michigan and have a question about foreclosure.

We were notified about default/intent to foreclose. Notice was published in paper with sale date for March 2019. We applied for modification and during this sale was postponed until May 16th. Foreclosure proceeding were stopped while reviewing but we were denied. We appealed denial. Were they... Read more »

David Soble
David Soble answered on Dec 9, 2019

The lender's attorney only has to file an adjournment of the sale with the County. They do not have to restart the publication from the beginning. Based upon your narrative, it seems that the attorney continued with a weekly adjournment of the sale while your appeal was pending.

2 Answers | Asked in Real Estate Law for Michigan on
Q: How do I file default claim on a jointly owned property in the state of Michigan?

I'm attempting to refinance the mortgage on a jointly owned property and the party whose name is on the bank note and deed has left the state and I'm unable to locate them to have a quit claim signed. Is there a default process in place in the state of Michigan?

David Soble
David Soble answered on Dec 22, 2019

You would need to file a quiet title action absent any cooperation from the joint owner. However, if they are not willing to refinance the property, then a judge will be hard pressed to order them to endorse a deed. For more on quiet title actions, see www.provenresource.com

View More Answers

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Does failing to provide a move-in checklist require me to pay back 2x the security deposit back to tenants?

After providing evidence of damage and costs, i withheld part of the security deposit. The former tenants are now threatening to sue and and their lawyer says I owe twice their security deposit and attorney fees because of my mistake.

David Soble
David Soble answered on Nov 10, 2019

Michigan law is clear that If your tenant objects to the final repairs that you cite in the move-out, and plan to keep the security deposit to pay for the repairs, you will definitely need to file a timely action with the court. If not, you will be liable to the tenant for twice the amount of the... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I legally rent my grandmother's estate if it is in probate
David Soble
David Soble answered on Nov 10, 2019

You personally cannot legally rent the home during the probate, however, if the estate owns the home and if you are the appointed personal representative of the estate, then if the Letter of Authority from the probate court gives you the power, then you may do so.

View More Answers

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: My tenants broke lease early. Do I have to give deposit back? Michigan is the state. No forwarding address when moved

They gave me 30 day notice but no forwarding address. What are my options of returning there deposit back?

David Soble
David Soble answered on Nov 10, 2019

Michigan law is clear that the tenant must give notice of a forwarding address if they wish to have their security deposit returned. However, you may have rights to this money for damages because of the early termination breach. You need to consult directly with a real estate attorney and provide... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant and Small Claims for Michigan on
Q: I live in Iowa now. My previous apartment is not returning my security deposit. Can I file a small claim in Iowa?

I movedout of the apartment in Lansing in Jan 2019 breaking the lease. As per lease agreement, I keep paying rent until the leasing office leased it to someone else. They leased to another rentee in Match 11 2019. I had paid rent of March and I was told over phone that if some one takes over the... Read more »

David Soble
David Soble answered on Oct 30, 2019

You can only file an action pursuant to Michigan's Landlord -Tenant Relationship Act in Michigan. The lease and the defendant landlord require venue in District court.

View More Answers

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on
Q: Can someone sue a neighbor for quiet title to clear cloud from his chain of title?

He has quit claim deed to his property and lives 4 properties down from me.I have a warranty deed,clear title and an easement splits my property.A private road easement is 3/4 mile long and splits numerous properties.My neighbor is sueing me for quiet title and prescriptive easement so his clouded... Read more »

David Soble
David Soble answered on Oct 27, 2019

Quieting a claim to title is a legal action and challenge that needs to be answered with solid supporting documentation. You should have a real estate attorney review your title work, deeds and related surveys. Your issue with your neighbor would need to be adjudicated by a court. The... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: If 2 men purchased property together singlely,can they just add wife's names years later?No quit claim,just added

1932 2 men purchased property and obtained a warranty deed.1953 1 of the men and his wife sell his half of the property to the other man and his wife via quit claim.They never quit claimed the wife's names,is that legal?Then months later the man and wife sold both halves to another couple.Is... Read more »

David Soble
David Soble answered on Oct 27, 2019

While you have done an excellent job of describing the past conveyance history of this property, I would still want to review the title abstract before rendering an opinion. Stating the type of deed used for conveyance is not the same as showing how title held. Go to www.provenresource.com to... Read more »

View More Answers

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My daughter rents a single family house in Detroit, Michigan. The landlord notified me that the house is in bankruptcy.

Will she have to continue to pay her monthly rent? She pays her utilities and water, also. She lives in a high area of properties that are selling at an astronomical price. Will she need proof of a deed that the house is in bankruptcy?

David Soble
David Soble answered on Oct 30, 2019

When a tenan't landlord file's bankruptcy, the tenant still need to abide by the property lease terms. The bankruptcy is not the tenant's concern for non payment, unless the landlord is not complying with the provisions of the lease.

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: I am a real estate agent. 150 Coalmont, Walled Lake MI is of interest. A court case seems to be unclear.

No 339762 and 339808 in Oakland Circuit Court. Do the current owners have any rights to use Walled Lake and do they have a right to have a dock? Is there an appeal?

David Soble
David Soble answered on Oct 22, 2019

What exactly are you trying to accomplish here? Who are your clients? Could you elaborate more on your inquiry please?

1 Answer | Asked in Real Estate Law for Michigan on
Q: My mom passed away and my sister is on the mortgage with her. The title company didnt put her name on the deed.

She signed all the same ppwk as my mom. Is there any way we can get her name on the deed now so she can refinance? The deed company wont do anything.

David Soble
David Soble answered on Oct 22, 2019

I am not clear who you are referring to when you state "the deed company," but in general, a real estate attorney would need to know if your mother had a will or trust when she passed. Additionally, we would need to see the deed.

While I can't be certain at this time, it...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can my brother is executor have his real estate affiliates sell the property so that he will get a comission.

Isnt that a conflict of interest?

David Soble
David Soble answered on Oct 22, 2019

If your brother discloses his business relationship to the heirs of the estate and they sign off on that., it should not be a problem. On a more practical note, one would think that if he was using his license to sell the property, he would be doing so to save the estate from paying high... Read more »

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.

View More Answers

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.

View More Answers

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,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.