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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: My mom wants to remarry and he will move in with her, I’m on the deed what’s happens to her house if she passed away?

She is 84 he is 72 my wife and I are on the house deed

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

That depends on HOW you are 'on the deed'. Was the deed prepared by a licensed attorney? Was this a DIY situation?

There are MANY pratfalls for the uninitiated in trying to 'just add a name to avoid probate' and sometimes it actually CREATES A NEED FOR MORE COMPLEX...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a quit claim deed from my aunt. What do we do when she passes to prevent the home from being ransacked by relati

What about extended stay in the hospital? Other relatives have keys.

Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 2, 2024

You seem to be unsure about your rights and responsibilities. If you intend to treat the quit claim deed as effective, record it with the register of deeds, take control of the home (including changing the locks) and act like an owner. You do not need a lawyer to change the locks unless there are... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.

Should we sign this or are we required to?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 28, 2023

You should have received this as part of the ACCEPTANCE of the offer -- even before closing.

You absolutely positively certainly most assuredly need to get to a local real estate lawyer ASAP (as in yesterday) to review your closing paperwork. I assume based on your question you didn't...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: I sold a house on a land contract. Buyer is 3 months behind on his payments, property taxes and water.

I took the buyer to court. Buyer was served a forfeiture notice. He did not show up and case was ruled in my favor (Failure to appear). Now the case is scheduled for a review. We do not have to go to court. Do I need to send the buyer or court anything? What will happen next?

James L. Arrasmith
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answered on Dec 25, 2023

Since the court already ruled in your favor due to the buyer's failure to appear, you may not need to send anything further to the buyer or the court for the review. Typically, after such a ruling, the court will proceed with the forfeiture process.

During the review, the court will...
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1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?

have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

You don't want to cloud the title. You want to buy the property!

Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.

But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: hi I have a partially paid land contract that my cousin left to me upon his death, can his son his beneficiary take it ?

I'm in possession of the original deed and the contract and his will for this signed and notarized.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 5, 2023

You've used two different terms that make me think you're not understanding how this works.

If you are the DEVISEE (named in a will) and the asset passes through probate, then a 'beneficiary' doesn't exist and you're good.

If there is a BENEFICIARY...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for Michigan on
Q: Is there a minimum size of land requirement for a private particle accelerator laboratory?

Research and development physics laboratory that would include particle accelerators. For the state of Michigan

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

Zoning requirements vary depending on WHERE in the state you are. Your best bet is to contact a local lawyer to provide specific information for the city/township where you are interested in building.

That said, there are LOTS of legal issues before building a complex thing like this, and...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Landlord tenant case I need to file a motion to reconsider a motion to set aside a default judgement motion to stay

EMERGENCY HELP TIME SENSITIVE MATTER I need guidance in filing a motion reconsider so we can get back in front of the judge in regards to a landlord tenant case on back rent that is owed my mother owns her mobile home has lived in this park for 12 years, they are taking her to court for rent owed... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2023

You need to hire a LOCAL attorney familiar with trailer park rentals.

Get off the internet looking for help, and get on the phone to someone nearby who can help.

This is not going to be a successful DIY situation -- you cannot afford to NOT have an attorney familiar with the area...
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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: Unmarried parents. Only deceased father’s name on deed.His other children took his 2 other houses. Need my name on deed

How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2023

If I understand the question properly, your father has passed, and only his name was on the deed to the house you're interested in. Your mother, who was not married to your father, is still alive but not competent, and you want to put the house into your name alone despite the fact you have... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.

Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 30, 2023

If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I purchased some land approximately 10 years ago people from a private subdivision have been driving on a short road on

Through it there is not an easement can i close it and not allow people to use the road

James L. Arrasmith
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answered on Nov 28, 2023

In Michigan, if you own land and there is no formal easement allowing others to use a road on your property, you generally have the right to restrict access to it. An easement would typically be recorded in the property's deed or other legal documents, so it's important to verify this... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is there a Michigan law that states property owners are responsible for costs to maintain a private road?

2 long existing, private roads, servicing approximately 50+ properties. (large acreage parcels) These roads are in Menominee County, Holmes Township, in the woods. Ownership of the roads fall on about 10 owners, owning different stretches of the roads. There was never a maintenance agreement... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 27, 2023

Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
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David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 21, 2023

Unless there is a provision in a written lease that specifically defines when property is 'abandoned' there is no one answer to that unless the Court has made a ruling based on a supplemental complaint.

Get yourself a local landlord tenant attorney to review all the facts and...
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3 Answers | Asked in Contracts, Real Estate Law and Sexual Harassment for Michigan on
Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he

became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference?... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the details provided, it is unlikely the joint venture partner you had a verbal agreement with has grounds to sue you for breach of contract or threaten legal action since nothing was formalized in writing:

First, without a written agreement signed by both parties formally...
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1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Michigan on
Q: Well house building dispute. Can we take quiet title or take adverse possession?

Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.

Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can attorney representing my fathers estate which I'm on handle a case involving estate for my siblings?

My father passed I was going to purchase his house. Now there is a fight. My siblings want me evicted and sell to a friend of my brothers. My son got drunk brother who lives next door hates him. Can an attorney from the firm that is handling my fathers estate represent my siblings. I am on the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 31, 2023

It likely is a conflict of interest. Your siblings appear to have adverse interests and should - each - retain their own counsel.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: Legal claims for paying delinquent property taxes

I live in a property owned by my aunt that I pay her for. My aunt’s name and my mom’s is on the house. There was delinquent in taxes since 2021. I got a foreclosure notice from Saginaw county in Michigan. I went and paid all of the delinquent taxes for the property in August 2023. The aunt is... View More

David Soble
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David Soble
answered on Oct 29, 2023

Any agreements concerning real estate must be in writing, according to the "Statute of Frauds." The idea is that certain types of contracts must be signed and in writing to be valid because verbal or oral agreements dealing with real estate can create confusion and therefore, verbal... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I owe 29,000 on a land contract Home can I sell the property even though I still owe one contract
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 10, 2023

Most likely, yes. But there will also likely be 'conditions'. Is there a 'due on sale' clause or prohibition on further transfer during the contract term? If so, you may STILL be able to sell so long as you at the same time pay off the remaining balance of the land contract.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them us

I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More

David Soble
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David Soble
answered on Oct 2, 2023

If your name is on a lease, then the only person who can agree to let you out early from the lease is, the landlord, and not your business/ family partners. Only the parties to the lease can agree to modify or change the lease terms, including releasing a party from their legal obligations.

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