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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: I am locked into a year lease that is not up until August. I received a notice to quit for non payment and the two optio
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 8, 2022

Your question got cut off and isn't really a question.

HOWEVER, I can answer.

You need to take your lease and that notice to quit and records showing whether or not you have paid the lease as agreed to a local attorney ASAP. We can't provide an answer here because the...
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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: I want to gift a piece of vacant property to my son. I want to do this while I am still alive. What are the tax liabilit

We would like to do this tax-free. He is married as am I. Is there a way to do this?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2022

There are several ways to do this and MANY wrong ways.

A Quit claim deed is one but you need to appropriately record transfer affidavits and report the gift properly. There probably won’t be tax due but depending on how you structure things a return may be due. The rules are complicated...
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1 Answer | Asked in Real Estate Law, Elder Law and Probate for Michigan on
Q: Real estate: Living Mother & Deceased Father on title. Both on medicare. Dad died in long term nursing home care.

My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 5, 2022

There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.

Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: Do attorneys in a city tend to avoid taking preexisting cases where an attorney has been let ago even if it has been win

winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 28, 2022

I don't have enough information to answer your question, but here are some observations:

1. If both sides accepted case evaluation, then the attorney should not need your permission to proceed to obtain a judgment.

2. If you agreed in mediation to a settlement, then it may...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Our neighbor is the owner of a shared easement with us. We maintain. Can I push snow onto their land . .

We maintain the land and have only six feet easement beyond the road at that point in the easement. She shares the easement in that area. Since she benefits and there is no other place to put the snow, if the land I push over the embankment lands on her land is it illegal?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 26, 2022

Whose land is the easement on? Yours or hers? It sounds from your question that hers is the 'dominant estate' and yours is the subservient one?

If that is the case, then you are moving snow from HER land that you have a right to use, onto HER land, that you don't have a...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can you leave your half of a house in a will or trust with joint ownership? Two people on mortgage and deed?

Can my boyfriend will or trust his half of our joint ownership house to someone? Put his half in a will?

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 20, 2022

No, joint ownership includes survivorship, meaning that the survivor of the joint tenants takes title. A tenant in common could devise or place in trust his interest as a tenant in common.

1 Answer | Asked in Real Estate Law for Michigan on
Q: We own our own home and land. We are in our 80's. What I want to know is what do we have to do to put our daughters name

didn't let me finish to put our daughters name on the place.

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 17, 2022

The simplest way is to execute a quit-claim deed to your daughter as grantee. However, you should consult with an attorney to explore the options available. Do you intend that she own the property outright, immediately? Do you intend to co-own it with her until your death so that she takes title... Read more »

0 Answers | Asked in Construction Law, Contracts, Real Estate Law and Civil Rights for Michigan on
Q: Can a mechanics lien for a construction project on a residential property be amended once recorded in the set of MI?

If yes , how long do I have to add a amendment to the recorded lien ?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a twp restrict or deny multifamily zoning if it doesn't have any land zoned as such?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 14, 2022

While there may be issues if the township has EXCLUDED specific types of structures from all zones, the lack of a 'multifamily' zoning district in and of itself is not necessarily an issue.

The FULL answer would require examining and analyzing the whole zoning ordinance and the...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: is there anything I can do about a blighted property? the city wont act. can I go over there head?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

"Over their head"? Who would you expect to go to if the city won't act? The State? The Federal Government? A Supreme Being?

You can certainly take some 'out of the box' steps. Why not offer the owner a reasonable amount of money to buy the blighted property and...
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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
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1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: How did a MI township give a building permit for an owner to build a house, and later a garage, on a landlocked property

that I now own!

David Soble
PREMIUM
David Soble
answered on Oct 29, 2022

First thing you will need to do is to go down to the township and visit the planning or building department to determine how the permits were issued. See ProvenResource.com for more information.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: can you get a building permit to build a home on landlocked property in Michigan?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 28, 2022

Generally, no unless you have some way to legally access public rights of way, you cannot build on a parcel.

You would need to work with a neighbor to get an easement of some sort. USUALLY that is done while the property is in 'common ownership' so the ONE landlord creates...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My brother is a co signer on my home and since my other passed he has gone crazy he will not help me save my hous

He will not sign the refinance papers he won't sign a quick deed is there any recourse for me

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 27, 2022

Your question is missing some facts that are important. I assume 'Scott' is your brother.

The 'missing' facts are:

Is your brother a co-signer on the loan or a co-owner of the house?

If he's a co-owner, is he a tenant in common or a joint tenant...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Had PA with a stipulation window would be fix by closing. Seller didn’t fix by closing & relist house. Do I have a case?

I am a novice real estate investor. The stated closing date in the purchase agreement was October 3rd. The house had a broken front window. I had an addendum stating the window would be fix by closing. The window wasn’t fixed until October 14th. I told the agent that I wanted to close on November... Read more »

David Soble
PREMIUM
David Soble
answered on Oct 18, 2022

You may have an action against the seller if the addendum is detailed and signed by both parties. If the window repair is required and they failed perform, then it seems that they are breaching the contract. Still, A real estate attorney would need to review your purchase offer before pressing your... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Hello Does a Land contract Forfeiture have to be filed in the city in which the property is located?

Home is located in Burton Michigan Forfeiture was filed in Davison Michigan

Thomas. R. Morris
Thomas. R. Morris
answered on Oct 18, 2022

This is from the website of the state district court in Davison: "Davison Court serves Davison Township, Forest Township, Richfield Township, Atlas Township, City of Davison, Village of Goodrich and Village of Otisville." The 67th District Court also has a location in Burton. I would... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Do I have to go to a deposition if I didn’t receive a court ordered subpoena?

I won but my exhusband is suing me for his attorney fees in a civil case. I don’t have an attorney because I don’t have enough money for a retainer fee and legal aid said they don’t have the funding for my kind of case.

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 15, 2022

If you have been sued you MUST defend against the case or there will be a 'default' entered against you.

The facts you state here don't make sense. If the case is over ('you won') there wouldn't be the need for you to attend any deposition (If you lost there...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a mobile home owner offer sheds to buyers, but not renters? If I want one, I have to pay for the concrete and shed.

The park is paying to put in concrete and sheds for people buying their home, with a small fee added to their lot rent. But if I, a renter, want a shed, I have to pay for the concrete, and the shed. And the shed has to be approved by them. This just seems backwards to me. As I would have to pay for... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 10, 2022

The park can do what it wants with ITS land. And if that means something you don't understand that is still OK.

I can see how the park might think "someone renting is likely to skip out in the middle and leave us a mess to clean up, but a purchaser is in it for the long run so...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a township bill you for a tenant's past-due utility bills in their name?

I had a tenant on a land contract purchase agreement that put the utilities in his name including the sewer bill. He could not make payments and violated the land contract with illegal drug activity so he was kicked out by the court of Menominee County, MI. He had left a sewer bill of $661.29 and... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 5, 2022

Municipality owned/operated utilities for water and/or sewer CAN under state law, add unpaid bills into the property taxes. This doesn't sound 'unusual' to me.

What DOES matter is your misuse of the word 'tenant' which makes me think you didn't get legal advice...
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