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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Banking, Business Law and Insurance Defense for Michigan on
Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check.

The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 11, 2023

What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do.

If it doesn't say that,...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If I bought a house from somebody and paid 95% of the home but the person did not have the deed yet and use my money to

To give them the rest of the money which was $900 and they went ahead and sold it to somebody else behind my back but I have been living in the home for over 5 months and the person that sold me the house had already had somebody come to the house once before with a gun and basically threaten my... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 10, 2023

In Michigan, an agreement to purchase real property must be in writing to be enforced in court. This may be a problem if you file suit to enforce the sale agreement.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have been in a relationship (not married) and we own a home together. What are my rights not that it is ended?
David Soble
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David Soble
answered on Jul 5, 2023

When parties are co-owners of a home or any other piece of property, and the parties are not married then any issues related to real estate are addressed and resolved under legal theories and remedies concerning contract law. Only a family law judge can order parties who are married to sell a... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If i am tenants in common with multiple people on unoccupied land can I move onto the land if I want to? (Michigan)

Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?

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

EACH of the tenants in common has an undivided fractional interest in the property. If you can, for example, determine how to build on only 1/10th of the property without dividing it into 10 slices, then you can do what you want with your share without anyone else 'agreeing'.

As...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: If your neighbor destroys your property with his employers equipment can the employer be held liable too
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2023

If your neighbor causes damage to your property using equipment provided by their employer, there may be potential grounds to hold both the neighbor and their employer liable for the damages. Under the legal principle of vicarious liability, an employer can be held responsible for the actions of... View More

1 Answer | Asked in Real Estate Law and Personal Injury for Michigan on
Q: Insurance and suing!

Hello! My name is Benjamin, and I am wondering if you can provide me some legal advice on insurance matters. I have just recently sold a house but yet still have insurance on the house. A fire happened right after I had sold the house. I made a claim to the insurance company and they are refusing... View More

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

Sue them for what? If the house was sold, you have no insurable interest in the property, even if you are still paying premiums on it. You would essentially double-dip if you already received the sale proceeds, and now you were to receive the insurance payout. That's like insuring your... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: What are my options if a licensed demolition company tries to put Lien on my property?

Hello,

I had my property demolished recently and post demolition the contractor is asking for more money than the agreed amount stating that the city inspections had them fix the approach to garage as it was broken. We had gone back and forth over emails and texts as whose fault its, with... View More

David Soble
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David Soble
answered on Jun 12, 2023

An attorney would need to review your current work order agreement with the contractor. Generally speaking, a licensed contractor has a legal remedy for when they are not paid on a particular project - they can record a construction lien on the underlying property, and, if payment is not... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I bought a property in Mount Clemens MI and the seller intentionally left behind garbage and some personal belongings

I bought a property in Mount Clemens MI and the seller intentionally left behind garbage and some personal belongings, spoke with the seller to come pickup his items and he didn't respond . I told him he has a week to get his stuff out of my house and he never showed up. What can be done next,... View More

David Soble
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David Soble
answered on Jun 10, 2023

Generally, most purchase agreements call for the seller to leave their property 'broom swept." If you made several attempts to contact the seller either directly or through their real estate sales agent, you shouldn't have to do any more for them. If it were me, I would give them... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: If I am buying a house on land contract in Michigan am I allowed to sell as long as the land contract holders get payoff

I want to sell a house I am buying on land contract

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 8, 2023

I concur, the 'simple' answer is usually 'yes', but the land contract itself needs to be consulted before you go too far. For example, there may be a 'due on sale' clause meaning you have to pay off the land contract *immediately* upon such a sale, or it may not... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Seller lied in disclosure said basement didn’t flood, we forwent building inspection planing to sue is it worth it?

Rained a week after buying, 3’ round puddle formed in basement tried contacting seller to resolve issue they refused to talk. We did forgo building inspection but they lied in seller agreement. Talking to lawyer planing on suing seller to buy home back or pay for flood repair in basement. Is it... View More

David Soble
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David Soble
answered on Jun 8, 2023

We do our fair share of litigation in Seller Bad Faith. Even if you choose to waive an inspection, if you relied upon the Seller's Disclosure and can prove that the Seller knowingly disregarded the truth when they completed the disclosure statement, you may have a case. There is a high burden... View More

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: How to find the status of a property / parcel if the publicly listed owner has passed some time (year) ago?

It has been a year or so and the property did *not* have a will attached (according to an heir with whom I briefly spoke) and was to go through probate.

As I'm following-up currently the records still only list the decedent, and as I understood it probate usually takes under about... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2023

The property will not change hands until someone (usually an heir) commences the probate process. It is not uncommon, although unwise for a number of reasons, for houses to be held in a deceased person's name while family members continue to live there for sometimes multiple generations. As... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Would you consider online paralegal certificate program through a community college a good way to become a paralegal?

I'm in Michigan, this is a later in life 2nd career option after selling a business.

David Soble
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David Soble
answered on May 26, 2023

Good for you!

We are working with one of our current employees and participating in supporting thier paralegal program through Oakland Univ. There are quite a few programs out there that are worth investigating. Best of luck, Soble Real Estate Law - see www.provenresource.com for more...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: Seller is unable to proceed with closing due to financial situation. What are my rights, and what action should i take?

I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... View More

David Soble
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David Soble
answered on May 26, 2023

Your legal rights against the seller's breach will depend on what the provisions in the purchase agreement say as to the available legal 'remedies" that you have against the seller. A poor purchase agreement may only require that the seller return your earnest money deposit to you... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a sale be forced on pardners if 3 partners own 54.4% .

I belong to a bow club that owns 120 Acres. There are 16 plus partners that have all privileges. Myself, my son and one other member own 54.4% and pay 54.4% of the taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on May 17, 2023

I assume the partnership is incorporated under Michigan law?

How is the property titled? In the name of individuals or the name of the partnership?

What does the partnership agreement say about selling assets?

Does it require a simple majority or a super-majority?...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: How do I obtain a deed for my property?

New house owned 36 years. I do not recall any deed information.

Trent Harris
Trent Harris
answered on May 9, 2023

If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate... View More

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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: My mother & I are both on mortgage. She's principal borrower. She passed. Can/Do I assume the mortgage? Please help! Ken

Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2023

Being on the mortgage and being on a deed are two different things. If your name is on the deed, then I think you can be reasonably assured of not losing the home to your sister.

As to the mortgage itself, if your name is already on the mortgage, I'm not sure there is anything you need...
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1 Answer | Asked in Estate Planning, Banking and Real Estate Law for Michigan on
Q: Can I have savings, checking in my name only without affecting mortgage? Husband passed, accounts are with same bank.
Trent Harris
Trent Harris
answered on May 5, 2023

Not sure what you mean by "without affecting mortgage." It's not clear why it would matter to your mortgage whose names are on your bank accounts. In most cases a mortgage lender has no requirements of someone maintaining specific bank accounts while the mortgage is outstanding,... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Can condominium landlord still use the garbage services I pay for?

I have owned my condominium in Michigan for 25+ years and lived there the first 15. I still own the unit, but now I'm a landlord and rent it out. My tenant sends a monthly check to me and I pay the mortgage, taxes, and all condo association dues.

The condominium hires a waste... View More

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

What does your lease say about that?

What about the condo association rules?

Does the contractor have limits?

How would you accomplish that?

If you’re getting the idea that you cannot get specific legal advice without hiring z lawyer you’ll understand why...
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3 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: My ex husband is financing me a house I won't be on the deed but I pay mortgage how can I protect myself

I'm not able to get approved for a house loan so my ex husband family will put it in their name. I'm responsible for all repairs and mortgage and down payment. But they don't want me on the deed how can I protect my self in case they try to kick me out. He said once the house is paid... View More

Trent Harris
Trent Harris
answered on May 4, 2023

Why not have a lawyer draw up a lease with option to buy, or a land contract? Either of those might work in your situation.

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Michigan on
Q: >Can I go for forfeiture, based of Criminal law During a civil case(divorce). or do I need to file a criminal case.<

located in Michigan. I'm currently in a divorce( i was granted exclusive rights to the home for the duration of the divorce due to a PPO against my husband). My husband has sold the martial home that was actively disputed in court. To his brother-in-law that he's currently living with,... View More

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

1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal...
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