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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: I'm in MI. I live in a small condo complex. A cluster mailbox was installed that violates federal regulations.

I am trying to find legal help in my area, I have sent out this problem to a couple of firms, no answer. Possibly I need to know what type of lawyer deals with this type of problem. The regulation being violated is the that the lowest floor of a mailbox for residential use must be no lower than 28... View More

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2024

Are you part of an association? I imagine your best - or at least your first - course of action would be to address this with the association.

Q: How to file a motion to dismiss against adverse possession case?

Hello,

I recently was served a lawsuit for adverse possession of my property. Thing is we clearly have enough evidence proving the plaintiff has no case (or so I believe). They claim they and their past relatives have been maintaining the property line for the last 15 years as hostile,... View More

2 Answers | Asked in Tax Law and Real Estate Law for Michigan on
Q: My adult son bought my house, but not all of the acreage. What is the best way , for taxes, to give it to him.

My son bought my house on 3 acres. He could not finance the adjoining 20 acres. I would like to give it to him the best way for him to pay at least in taxes

James L. Arrasmith
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answered on Jul 21, 2024

To transfer the adjoining 20 acres to your son in the most tax-efficient way, you should consider gifting it to him. Gifting property can often be done without significant tax implications if the value of the land is within the annual gift tax exclusion limit, which is $16,000 per recipient as of... View More

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0 Answers | Asked in Family Law and Real Estate Law for Michigan on
Q: I was in a relationship for over 8 years engaged but never got married. We are now breaking up. what are my options?

I was in a relationship for over 8 years. We were engaged but never got married. During this relationship me and my partner bought a house but my name was not on the title and mortgage but I paid half towards everything i.e mortgage, utilities, property tax etc. We are now breaking up. Can you let... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I was in a relationship for over 8 years but never got married. We are now breaking up. what are my option on this house

I was in a relationship for over 8 years and engaged but never got married. During this relationship me and my partner bought a house but my name was not on the title and mortgage but I paid half towards everything i.e mortgage, utilities, property tax etc. We are now breaking up. Can you let me... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2024

I'm afraid you don't have many good options outside of what you may be able to negotiate. Legally, you are a tenant. While you certainly are not obligated for the mortgage or taxes, you're also not entitled to any share of the equity. Had your name also been on the deed, then you... View More

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Environmental for Michigan on
Q: Do I need a lawyer for an actual t of God catastrophe to be paid by my insurance company under my renter's policy

Tornado. Insurance company doesn't want to pay I'm going to be homeless and I have no food, money or gas to go apply for disaster relief

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You may need a lawyer if your insurance company isn't upholding its end of your insurance policy.

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0 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Can the city destroy our pool after we lost our home in a total loss fire?

My wife and I suffered a total loss house fire in June of last year and the city has been withholding funds of ours and trying to make us destroy something in perfectly good standing. My wife is an active Colonel in the Air Force, having given 30 years of her life so far to this country and we... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: With a ladybird deed and 4 children’s name on deed, how is estate settled?

One child and spouse moved in home and continued making loan payments. It is now 12 years later and he feels the house is his alone. Do the other 3 siblings have any claim on home and land?

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

If there is a recorded lady bird deed, then all four of you now have ownership interest. The way to "settle" this is to file a copy of the death certificate, along with a new deed listing you all as owners. While that would settle the legal question of ownership, it doesn't sound... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: If I suspect forgery in the transfer of a deed property, what course of action should I take to stop the sale of the p
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2024

You'll want to engage a real estate attorney quickly who can advise you whether and how to stop the closing. With the money and other legal stakes involved, this is not something you just do hoping your suspicions are accurate.

2 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: My family's house was foreclosed ~10 years ago. A friend paid under mkt value, promising I could buy it back for same $

Is this legal? Could you point me to any relevant statutes too? Is the promise enforceable (nothing written so I guess no)?

Anthony M. Avery
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answered on Jul 3, 2024

Owner will probably refuse to convey to you as the oral promise violates the Statute of Frauds. Hopefully you have some sort of memorandum signed by owner. Consult with a MI attorney to draft a deed and attempt to tender the money for the deed.

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2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: A friend bought my parents foreclosed house- can they sell back to me now at same low price?

Purchase was 10 years ago, and under market value. Any statutes apply? Michigan

Anthony M. Avery
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answered on Jun 27, 2024

Seller can convey to who he wants. But get a MI attorney to search the title and draft the Deed.

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: cost basis when selling property that has been owned by family for 90 years. Purchased by Grandparents in 1930's.

A Deed was recorded in 1978 joint tenancy with rights of survivorship, not tenants in common, to grandmother and her 4 children. Grandmother and 2 of the children are now deceased. Last year new QC deed to just my mother. She is now planning on selling. how is cost basis and capital gains... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

It can get complex, and it depends on whether transfer affidavits and PRE exceptions were properly completed and filed along the way. Sounds like there would be an argument that there hasn't been a uncapping event at least since 1978.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I am currently fighting for forfeiture of land contract I have to miss now 3 days of work can I ask for loss wages

I am going back court this week they owe 39000 in back payments, taxes and late fees. The judge initially is questioning why a 90 late fee is assessed if they are more than 15 days late although it is in contract. What is a good rebuttal for this. Can I charge for my loss wages

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

You generally cannot charge for wage loss due to court attendance. As to the fee issue: just because it's in the contract does not mean the judge may find it appropriate. As a general proposition, late fees must be reasonable, considering your costs / damages for late payment. They are not to... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I need legal advice on a recent issue with a house purchase. The title cleared, but the property is now on a demolition.

1. House Purchase: I bought a house and the title cleared during the purchase process.

2. Demolition List: However, I have recently discovered that the house is listed on a demolition list with the city.

3. Renovations: In good faith, I proceeded with renovations on the property,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 15, 2024

What sort of ‘list’ is this on? Can that determination be reversed?

Your BEST option is to stop the house from being demolished. In that case you can continue with the repairs and use the place.

I’d focus less on ‘undoing’ the sale and instead concentrate on preventing the demolition.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can i get a Legal Aid attorney? I'm out of country landlord and do not have the money for attorney fees.

Can i get a Legal Aid attorney? My tenant took me and my management company to court, I'm out of country landlord and do not have the money for attorney fees.

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 11, 2024

If you own rental property you most likely don’t meet poverty guidelines to qualify for legal aid.

Your location shouldn’t matter in hiring an attorney. Ask your management company to help you find representation and pay the fees needed to retain local counsel.

2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: How do I go about getting my name off a ladybird deed as a remainderman?

I am 1 of 3 remainders on a ladybird deed in michigan. My grandmother ( the grantor ) passed away in 2016. I currently live in the house along with 1 of the other remainderman. My fiance and I are currently in the market for our own home. Once I move, I no longer want any type of responsibility to... View More

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

You transfer your property interest to someone else, usually one or all of the other co-tenants since they are the ones who will get the most value from that. HOW you do that depends on what you would like to get out of the deal. The best response is to contact a local lawyer to discuss your... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Is it the mobile home parks responsibility to get the title or pay for the cost to obtain the title for my mobile home?

I purchased a mobile home in 2018, park manager wanted the title before I put it in my name and never gave it back. Now the new park manager is saying it isn't in my file nor do they have a copy of it.

All my efforts to reach the previous owner to have the get a lost title have been... View More

James L. Arrasmith
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answered on Jun 10, 2024

The responsibility for obtaining and maintaining the title of your mobile home typically falls on the owner, not the mobile home park. Since you purchased the mobile home in 2018, the title should have been transferred to your name at that time. The park manager requesting the title before... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: My grandfather added me to his home with a quit claim dead a year ago. He was added about 20 years prior with a quit

Claim by my grandmother who has since passed. He’s is ill and I’m trying to figure out how I can sell the home without paying taxes on it since she paid $45000. 50 years ago but has since refinanced and owes $120000. The selling price would be between $300000 and $350000. Im located in Michigan... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 30, 2024

There will be an ‘offset’ for ant mortgage, but if you’re asking about the capital gains the answer is ‘welcome to the downside of quit claim deeds. You have acquired the basis for tax purposes of the original owner and will need to pay capital gains.

Absent some other facts you...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a Claim of Interest on a commercial piece of property, valued at $7.9M in 2014. This Claim goes back to 1984.

What rights do I have?

Thank you

Kenneth V Zichi
Kenneth V Zichi
answered on May 25, 2024

That depends on what sort of 'claim' you have.

Judgments are good for 10 years unless renewed, and there is the '40 year marketable title' act to deal with.

Your rights depend on a lot of things that aren't discernible from this question, and would require...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Is my neighbor allowed to cut the easement assigned to my property?

I own property with a 66ft easement by necessity. My neighbor keeps cutting the grass on the easement after I cut it. I like to maintain 4 inches and he keeps cutting it down to 2 to match his side of the easement. Is he allowed to cut the grass in the easement? He also blows all the grass... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 17, 2024

Is the easement ON your property or FOR your property?

Is the easement ON the neighbor’s property or FOR it?

From the wording I’m assuming you BOTH have a right to use and maintain the property in question.

It doesn’t really matter though because if the easement is...
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