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Michigan Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Michigan on
Q: Property settlement and fire

My divorce was final in Feb 2023. My ex-husband is living on the property that is deeded in my name, he is making payments of $100 to me as a property settlement for the next 3 1/2 years. In the decree, it states that he is responsible for property taxes and insurance on the property. I learned... View More

2 Answers | Asked in Real Estate Law 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?

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2024

Perhaps. Ownership and distribution needs to be worked out through probate. But no one is going to independently stop your sister from building unless you all ask the court to.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: We bought a house and found out they had bed bugs that were never disclosed, can we sue for treatment cost.

When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 22, 2024

This is not an 'open and shut' case.

Bedbugs are not a 'structural' issue (the house is not compromised physically or functionally with that type of pest) -- it is more akin to a mouse getting into a house more than being like termites that are destroying the...
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0 Answers | Asked in Real Estate Law for Michigan on
Q: Does a land contract supersede a quit claim deed? Also can a non family member file a quit claim deed??

Supposedly the man I had a land contract with signed this on the day he died he was Incapacitated due to high meds and cancer

1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: what is the allowable interest that my michigan condo association charge on late once a year payment hoa fee?
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 19, 2024

Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people...
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1 Answer | Asked in Tax Law and Real Estate Law for Michigan on
Q: I purchased a property that was going to be foreclosed by a tax lien. Paying taxes for seven years how do I get a title?

I never received a title when I research the property. It’s owned by corporation but I’ve been paying for this property for seven years. The properties paid in full, but I just paid taxes yearly I want the house in my name..

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, you may need to go through a process known as a "quiet title action" to obtain a clear title to the property in your name. Here are some steps you can take:

1. Consult with a real estate attorney: Given the complexity of your situation, it's best to seek...
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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
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answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
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1 Answer | Asked in Criminal Law, Real Estate Law, Tax Law and Identity Theft for Michigan on
Q: My real estate agent owned my property through fraud, including identity theft and forgery of documents.

In 2018, I bought a house in Michigan through a real estate agent living in Miami. During the purchase process, my real estate agent recorded my address as Miami in all documents, even though I do not live in Miami. I am not an American citizen and do not reside in the United States.... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you provided, it appears that your real estate agent may have committed serious crimes, including fraud, identity theft, and forgery. If your allegations are true, you have the right to take legal action against the agent and potentially recover your property or receive... View More

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: My family home has been left to me. How do I get my name on the deed? The deed is clear. What do I do now?

Family who lived there is dead. I'm paying the back taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 26, 2024

That depends on how it was 'left' to you.

By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.

By Will? Probate the estate and the PR can transfer by deed.

Some other way? Some other...
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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?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Rights for Michigan on
Q: Can my partner's kids enter the home w/o me present, while he is in an induced coma due to a stroke w/o a living will?

I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2024

You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More

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1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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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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1 Answer | Asked in Real Estate Law for Michigan on
Q: Hello, we purchased a home In Michigan in our LLC name in 2023. We accidentally used the EIN from wrong LLC
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 31, 2024

You have not actually asked a question. Typically the EIN is only used for tax purposes so this doesn’t impact the TITLE but it will impact your capital gains and other tax issues so you’re going to need to amend things and file that amendment with ALL the appropriate agencies.

Get a...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My so is buying a condo in michigan on land contract. He put $22,000 down payment on $90,000 and paid all his payments

For 1 year. Then, he had a car accident and is paralyzed from the neck down. He probably won't return to the condo to live for at least a year or two. Can he get any of his deposit back or does he lose everything?

T. Augustus Claus
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answered on Jan 16, 2024

In a land contract, the terms and conditions are crucial, and they can vary. Generally, the down payment in a land contract acts as a form of security or consideration for the property. In the event of unforeseen circumstances, such as a medical emergency leading to an extended absence from the... View More

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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I want to challenge a quick claim deed my brother had done and during this time my mom was sick in hospital

My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More

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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?

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 8, 2024

If a deed was recorded in your favor, you may own it. With ownership comes responsibility, as you observe. There is not enough information provided for an attorney to give a meaningful response, so you may want to consult with an attorney before executing a quit-claim deed and thereby giving up... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: dad quitclaimed house to brother before he died. "terms of sale" is listed as 26-partial interest, what does this mean

My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest?... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

What are you looking at? Some sort of tax listing? A summary from the local register of deeds? Where is the property located? Have you actually seen the DEED that was recorded?

These are all questions that need answers before you can get any meaningful information ... I have NO clue what a...
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