Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More

1 Answer | Asked in Municipal Law, Real Estate Law and Civil Litigation for Michigan on
Q: Lost home due to fraudulent actions involving Detroit Land Bank; seeking legal help.

I believe that I lost my home due to fraudulent actions taken by the city, specifically involving a lawsuit against the Detroit Land Bank. I have not yet reported the fraud but intend to do so now. I am looking for an attorney who can help me with this situation involving allegations of property... View More

David Soble
PREMIUM
David Soble
answered on Apr 6, 2025

The first step is that you would want to speak with a real estate lawyer who litigates. You don't mention when this fraud happened, so there may be limits on when you can sue. Fraud allegations are not taken lightly, and proving fraud has a very high threshold of proof, so you would need to... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Michigan on
Q: Is a rent increase from $520 to $690 at my MHP excessive?

I have been living in a mobile home park for 6 years, and my rent was last increased 12 months ago. Recently, my rent was raised from $520 to $690 without any specific reason provided by management. Other residents have received the same increase. I'm not aware of any local rent control laws.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2025

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting....
View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Michigan on
Q: Can my ex-girlfriend avoid eviction and change her mind after dismissal?

I gave my ex-girlfriend a 30-day notice to vacate, which she acknowledged with a handwritten letter stating she'd be out in 30 days to avoid eviction on her record. She didn't leave, so I filed for eviction in Michigan a week after the deadline. She's now claiming she'll move... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 4, 2025

I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.

You DO need to serve her however, but so long as you are only looking for eviction and...
View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Tenant issues with unaddressed repairs and cockroach infestation. Pay rent or deduct repair costs?

I am a tenant renting in Hamtramck, MI, and I'm having issues with my landlord regarding essential repairs. My refrigerator is not working properly, and there is a cockroach infestation in the building. Despite responsive communication, my landlord has been unable to resolve these issues. He... View More

0 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Foreclosure process in Detroit, MI with no notice received from lender.

What is the foreclosure process in Detroit, Michigan? I was foreclosed by a hard money lender in January, but I never received a foreclosure notice. My lender usually sends mail to my correct address, and I have not contacted them yet to discuss this issue.

2 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 1, 2025

Was the property owned by your father, aunts and/or uncles as tenants in common? I presume so, or else the survivors would own the property and your father's share terminated.

The will may govern disposition of your father's interest in the property as a tenant in common, but...
View More

View More Answers

0 Answers | Asked in Agricultural Law, Probate and Real Estate Law for Michigan on
Q: Is inheritance prorated from death or sale of jointly owned property?

I inherited acreage from my father, who passed away in 2017. The property was jointly owned with his siblings, and we now have a buyer. All taxes have been paid, and there are no disputes among the siblings. Is the date for pro-rating ownership determined by when my father passed away, or when the... View More

1 Answer | Asked in Probate, Real Estate Law and Tax Law for Michigan on
Q: Transfer property ownership from nephew before probate in MI?

I am concerned about a property in Ironwood, MI, that is scheduled to go up for tax auction on Monday at 5:00 PM for $3,700. There is no will, and my nephew is the only relative. Can I take ownership from my nephew before the probate process is completed to prevent the auction?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2025

Your nephew cannot transfer ownership of something he does not yet own.

So the short answer is 'no' ....

But there may be other options. Talk with a licensed local real estate/probate attorney to determine what can be done.

Good luck

2 Answers | Asked in Real Estate Law, Probate and Tax Law for Michigan on
Q: Can I acquire a Michigan property for back taxes before probate?

I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2025

'Control' is such a non-specific word.

Can you PAY the back taxes to the County/State before then? Yes, but the Estate will retain the right to redeem meaning you won't get the property, you'll only get your money (plus interest) back.

Can you BUY the property...
View More

View More Answers

0 Answers | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Michigan on
Q: How can mental health-related past behavior affect future rental applications and what steps can be taken to improve chances?

I am seeking advice for my sister, who has previously had incidents involving setting a dumpster on fire twice due to mental health issues, for which she wasn't prosecuted. She is now stable and on medication. She is concerned about how this past behavior may affect her future rental... View More

Q: How to address misrepresentation in divorce property claims?

I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.

You won't hear...
View More

Q: Ex-husband lied about marital status affecting real estate deed, no compensation for houses.

I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More

David Soble
PREMIUM
David Soble
answered on Mar 28, 2025

Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More

0 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Protect residency rights in a trailer home with verbal agreement.

I live in a trailer that my son's grandfather bought, and I have an agreement to stay here indefinitely as long as I pay the bills. The property is in his name. Recently, I discovered that my son's father has been collecting mortgage payments from me but not paying the mortgage. I have... View More

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Land contract payments reduced verbally 14 years ago, now asked for back pay.

I have been making payments on a land contract for 15 years. After the first year, my payments of $326.80 were verbally reduced to $234.29, intended to adjust for property taxes as the contract allowed changes to reflect estimated tax costs upon demand from either party. These reduced payments have... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 25, 2025

Without seeing the land contract, the tax bills and the payment amortization schedule it is impossible to say for sure, but the 'overall rule' in Michigan is 'if it deals with real estate, it must be in writing' so -- your written contract controls.

Take that contract,...
View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can property be declared as one's own after 20 years of possession in Michigan?

I would like to know if someone can declare a property as their own if they have had possession of it for 20 years, without any documentation or legal actions currently related to the property.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 25, 2025

Yes, if the elements required for adverse possession are met. The basic elements are open, notorious and hostile. Thus for example, if you occupy property with the permission of the owner, your possession is not hostile. We would need more facts to comment on your particular situation.

2 Answers | Asked in Family Law, Civil Litigation, Probate and Real Estate Law for Michigan on
Q: How can I legally force the sale of a house co-owned with my stepdaughter in Michigan?

I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 13, 2025

Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More

View More Answers

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Michigan on
Q: How to address predatory city water charges in Michigan?

I have an issue with the city water municipal foreman in my town. I was charged $1,500 for my water bill, which later increased to $3,000 in six months without a clear explanation. Despite having the water shut off when the bill was $1,500 and receiving help from an agency to pay it off completely,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 8, 2025

What 'town' is this? Are the payments made actually credited, and/or was there some sort of water leak or other situation that might have led to such a high bill before being shut off entirely? WERE any payments made?

Understand that municipal water supplies are empowered to...
View More

2 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How do I update the deed to sell my brother's home in Michigan?

My brother passed away in December 2024, and I am the personal representative for his estate in Michigan. His wife passed away in 2013. They lived in a home purchased during their marriage, but only his late wife’s name was on the deed. My brother never had the property transferred to his name.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

The Will devise is your source of title. When you are able to sell it during the Probate process, then your Deed will have the devise to you as the derivation of title in the legal description. It should specifically cite the will book, page number and docket number of the Court where it was... View More

View More Answers

3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: What are our vested rights in my late brother's Michigan property?

I am the personal representative of my brother's estate in Michigan. He purchased a home with his late wife in 2008, who passed away in 2013. The deed is currently under his late wife's name with "estate" noted after it. My brother never had the deed changed to his name. His... View More

David Soble
PREMIUM
David Soble
answered on Mar 8, 2025

You will need to provide the probate attorney with a copy of the deed. If the language on the deed is drafted properly, then the property interest may not need to be probated. Deeds contain language that has far-reaching consequences, so that is where most attorneys would start, by reviewing the... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.