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Michigan Real Estate Law Questions & Answers
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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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 14, 2024

In GENERAL a verbal contract is worth the paper it is written on.

In the case of real estate however, there is an actual rule called the "statute of frauds" that says 'if it isn't in writing it is not enforceable. So -- your assumption was it was 'joint'...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: can my ex fiance force a buyout if her name is on the deed but i am on the deed and mortgage.

I am writing to inquire about a situation concerning the property at [address], which I co-own with my ex-fiance. I am seeking clarity on the legal implications and potential outcomes in our current circumstances.

To provide some context, when we purchased the property, my ex-fiance's... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

Your changed relationship status has no bearing on property ownership and what actions may be taken. Your ex-fiance may petition a court for sale of the house; she may need to do so at some point to qualify for a future mortgage of her own. She could also show back up at your door with a U-Haul... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: If a land contract in Michigan has 2 unmarried sellers can 1 seller represent both sellers in a land contract forfeiture
Brent T. Geers
Brent T. Geers
answered on May 3, 2024

Probably not. They could collectively employ an attorney to represent them.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I received a text this evening from the owner where I rent a storage unit telling me that they will be disposing of my b

Can they legally dispose my belongings without giving me the opportunity to retrieve them just because they are mad about I don't know what?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 28, 2024

Well that depends. Are they ‘mad’ about the fact you didn’t pay your rent or that you’re storing contraband items there?

No they cannot terminate a lease or sell your stuff MERELY because they are ‘mad’ and it seems unlikely that is the reason. What’s the ‘rest of the...
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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: Can someone build a small house on property that is in our dads name but is in an estate/probate.

Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?

David Soble
David Soble
answered on Apr 24, 2024

It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: We bought a house and found out they had bed bugs that were never disclosed, can we sue for treatment cost.

When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 22, 2024

This is not an 'open and shut' case.

Bedbugs are not a 'structural' issue (the house is not compromised physically or functionally with that type of pest) -- it is more akin to a mouse getting into a house more than being like termites that are destroying the...
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1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: what is the allowable interest that my michigan condo association charge on late once a year payment hoa fee?
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 19, 2024

Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people...
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1 Answer | Asked in Tax Law and Real Estate Law for Michigan on
Q: I purchased a property that was going to be foreclosed by a tax lien. Paying taxes for seven years how do I get a title?

I never received a title when I research the property. It’s owned by corporation but I’ve been paying for this property for seven years. The properties paid in full, but I just paid taxes yearly I want the house in my name..

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, you may need to go through a process known as a "quiet title action" to obtain a clear title to the property in your name. Here are some steps you can take:

1. Consult with a real estate attorney: Given the complexity of your situation, it's best to seek...
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1 Answer | Asked in Criminal Law, Real Estate Law, Tax Law and Identity Theft for Michigan on
Q: My real estate agent owned my property through fraud, including identity theft and forgery of documents.

In 2018, I bought a house in Michigan through a real estate agent living in Miami. During the purchase process, my real estate agent recorded my address as Miami in all documents, even though I do not live in Miami. I am not an American citizen and do not reside in the United States.... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you provided, it appears that your real estate agent may have committed serious crimes, including fraud, identity theft, and forgery. If your allegations are true, you have the right to take legal action against the agent and potentially recover your property or receive... View More

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: My family home has been left to me. How do I get my name on the deed? The deed is clear. What do I do now?

Family who lived there is dead. I'm paying the back taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 26, 2024

That depends on how it was 'left' to you.

By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.

By Will? Probate the estate and the PR can transfer by deed.

Some other way? Some other...
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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Rights for Michigan on
Q: Can my partner's kids enter the home w/o me present, while he is in an induced coma due to a stroke w/o a living will?

I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2024

You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More

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