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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: If my step dad died and I have been living In and paying taxes on his home and property, how do I get ownership?
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 21, 2024

I’m sorry to hear of your loss. But the answer is unclear without more details.

Was step father the sole owner of the property?

Was there a will or trust or ‘ladybird deed’?

Are there other heirs?

Paying the mortgage and/or taxes doesn’t impact things much...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: My home buyers reneged on ADT security. Who pays the electrician to remove?
David Soble
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David Soble
answered on Dec 20, 2024

What does your purchase agreement state? If you had installed the system based upon their request and they now have backed out of the closing, you should be able to demand payment for 'altering' the premises. However, without seeing your written documents, it is difficult to answer.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can I have the power company run underground wire,down a private road/easement to our land?

We are allowed to use this easement, just need to know if I need to ask the owners permission to move forward with the power company

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

Is your easement for ingress only or does it include the ability to site utilities? Without seeing the easement and knowing where you are it is impossible to provide a real answer, but a local lawyer can look at this quickly and let you know if you bring him all the paperwork.

Bottom line...
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1 Answer | Asked in Real Estate Law and Insurance Bad Faith for Michigan on
Q: Can an insurance adjuster deny paying a claim after their remediation company demo'd 3 rooms of our house?

Shower faucet started leaking, causing a huge bubble of water on lower level ceiling. Called my agent, he filed a claim. Adjuster sent Remediation company, came in and tore out livingroom and formal living room ceiling, most of our master bathroom and part of our master bedroom wood floors.... View More

Rabih Hamawi
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Rabih Hamawi
answered on Dec 13, 2024

There is not enough information in the fact pattern to fully answer this question. Generally, an insurer may not engage in major demo work without obtaining written permission from the insured unless there is a specific reason (like an emergency) for it. Further, an insurer must have proof to deny... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: As the seller, can I renege on the Purchase Agreement?

I'm unable to locate new housing. Also, addendum on contract for me to pay 4% of buyer's closing costs.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 12, 2024

Not being able to find new housing, unless that was a contingency in the offer you accepted, is not a reason to stop the sale.

A costly addendum YOU AGREED TO (did you agree?) also is not a reason to stop the sale.

What did your attorney say when reviewing the offer? What...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I regain ownership of the property through a quiet title lawsuit?

Hello,

I am a resident of a country other than the United States.

My real estate agent transferred my property in Michigan free of charge (quit claim deed) to his company without my consent and with a forged signature. He then sold it to a third party.

My real estate agent,... View More

Anthony M. Avery
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answered on Dec 9, 2024

You will need a competent MI attorney to search the title and sue all parties involved as they will be indispensable by law. You should have the advantage of filing where the real property lies (MI). Expect to have to appear in Court, Depositions, etc. If you win, you need the Judgment to... View More

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Constitutional Law for Michigan on
Q: I need a tenant lawyer in Michigan. I am in emergency need because I've been served a Writ for eviction.

My mother has passed away June of 2023 and I went to her mortgagee 1 month after her death to get deed put in my name and her lender told me not to worry about transferring the deed at that time, just make sure that I keep paying her homeowners insurance. He has never been to my house I had gone... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2024

Michigan is a very large state — are you in Iron Mountain, Detroit, Traverse City or Grand Rapids? … you need to find a LOCAL lawyer who can review all the paperwork and provide actual advice and representation.

Frankly, at this point and from the limited details you provide, you...
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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: What should the purchase price be on a new deed for a house that I inherited?

I inherited a house from my mom. She was unmarried and I am the only benificary of her estate. I have gone through probate and am the legal representative of her estate. I want to transfer the ownership of her house to my name. I have drafted a deed but am not sure what I should put as the purchase... View More

Anthony M. Avery
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answered on Dec 6, 2024

You want the highest stepped up in value you can get to lower your potential capital gains upon you selling it later. However the higher the value, the more property taxes each year. You might start by looking at the tax appraisal value. Comparable sales will probably be higher than what the... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Hi, question regarding false claims on property size.

Hi, we bought a home in Troy, MI a few months ago. The seller and sellers agent listed the home as having 2,540 sq ft. After we bought it, we had some work done and the home only has 1,901 sq ft., that is 327 sq ft less than we were told. We paid $257.76 per sq ft x the 327 equals $84.287.56 for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 5, 2024

First of all, given the facts you state, that is 639 square feet less than 'advertised'.

BUT even with that said, there are two things 'working against you'.

Did the sellers 'hide' that 'defect' from you in some way? No -- you had the...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: My grandfather recently died and we found that he entered into option to buy agreements with no exp date. Enforceable?

The agreements were one for the farmland and one for the farmhouse back in 2012 and 2013. Both have given monetary consideration but no expiration date (grandfathers death triggered the option). Both options are for purchase prices far below market value. Also, the optionees on the land deal are... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 23, 2024

Without seeing the actual paperwork it is impossible to provide any real advice but

1) If there was 'consideration' given

2) if the agreement was in writing

3) if the other conditions have been met

and

4) if the other party (ies) are wanting to...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Am I responsible to clean up leaves from my tree that fall in my neighbor's yard?

I have a tree in my yard where some of its leaves fall into my neighbor's back yard. The neighbor will then take leaves from their entire property, including their front and side yards, and dump them on my side of the fence. Am I responsible for cleaning up their side of the fence? Can they... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 14, 2024

No to both questions under the Massachusetts rule, but I do not believe that the Michigan courts have ruled definitively on this topic.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a trust property be auctioned or non judicial foreclosed if the trust has the bank in default judgment in circuit

court?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 6, 2024

Your question is unclear.

The BANK is in default after a circuit court action of some kind? Who sued whom and for what?

Is the case pending, or has it been dismissed or a default judgment been issued? What does the default say about the status of the property?

There are...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: After spending 70k rehabbing a property the Detroit land bank reconveyed it what are my options
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 25, 2024

You don't provide enough information to even hazard a guess.

Without details like time frame, what you did, what your interest was in the property and the tax status of the land it is impossible to say.

I'd strongly suggest you gather the above information, copies of all...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: My city wants to plant a tree in the easement area betweent he sidewalk and road - can I stop them if I dont want the tr
Thomas. R. Morris
Thomas. R. Morris
answered on Oct 18, 2024

Probably not, but you can discuss your preference with the city. The "easement" you refer to may be land owned by the city, and if it is indeed an easement I expect that the city's rights with respect to the easement include determining whether to plant a tree.

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1 Answer | Asked in Real Estate Law and Civil Rights for Michigan on
Q: How to handle neighbors with barking dogs?

The house next to mine was sold to new people this spring, who have vicious barking dogs. Every time I am outside watering my flowers and lawn these dogs begin barking at me uncontrollably, and I can't even focus on what I am doing. Over the summer I have had 20 to 30 different dogs walk by... View More

James L. Arrasmith
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answered on Sep 19, 2024

Dealing with neighbors' barking dogs can be frustrating, especially when it's affecting your ability to enjoy your home. A first step is to have a calm and respectful conversation with your neighbor. Explain how the barking is impacting you and see if they’re willing to take measures,... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: What is a promissory note & what is a life lease what are the responsibilities of the tenant & or the original homeowner
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 12, 2024

A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.

This has nothing to do with life leases which is a way to transfer a...
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1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: I have transferred my property to an LLC and i want to make sure my personal assets are protected. see more info.

My name is still located on the loan and mortgage statement as the primary, but the house has been quit claim deeded to my LLC, sole member.

I'm also listed as additionally insured on the rental dwelling insurance. My main reason for transferring was to separate my personal assets... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 28, 2024

it sounds like you have taken a step towards limiting your liability for the operation of the rental property. There remains the possibility that you could be personally liable for accidents or other events associated with the rental property. This is one reason to have insurance.

Another...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: What can I do moving forward? Legal aid told me they don't have the resources to handle real estate issues.

I purchased my home 17 months ago. Nowhere in the sellers disclosure did it talk about any major issues with the home whatsoever. However I've now come to find out it has major foundation issues that need to be repaired or it will continue to sink into the ground. I had a contractor come out... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

The best use of what money you have now would be to fix the foundation. Going after the seller could be a fools' errand if all you have to go on is the neighbor saying they talked about it. You'd need more proof than that. Also, even if you were successful, you might get a judgment... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: If part of a property description is left off of a recorded deed, is that considered a broken chain of title?

Ex: Land contract and subsequent Warranty Deed recorded 1981 and 1983 do not include "Lot extends to Water's Edge". The extension was subsequently deeded as a Quit Claim in 1997 and it was not submitted as a correction affidavit or noted as being filed to correct a previously... View More

Anthony M. Avery
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answered on Aug 21, 2024

No... But in the next recorded conveyance hire a competent MI attorney to draft a deed with a complete legal description and derivation of title.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: What's the effect on liability & property tax when nonprofit beach assn corp is dissolved for non filing annual reports?

Parcel is owned equally by homes in the neighborhood. Last report was filled in 2019. Our park liability insurance is paid but they will not cover claims while dissolved as we understand. We are waiting for the documents from the state to correct the issue and be in good standing again. The board... View More

James L. Arrasmith
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answered on Jul 28, 2024

When a nonprofit beach association corporation is dissolved for not filing annual reports, it can have significant implications for both liability and property tax. Since the corporation is not in good standing, your park liability insurance may not cover any claims, potentially leaving the... View More

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