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Michigan Real Estate Law Questions & Answers
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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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Michigan on
Q: I am currently on Section 8 in MI my kids dad will be getting paroled soon. Can he be paroled at my home .
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2023

I don't believe so, but you should check with the landlord and county DHS, and he should check with his parole agent.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Can my neighbor put a shed, coop, etc on my 60’ foot wide private ingress/egress easement that cuts across his property?

My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... View More

David Soble
David Soble
answered on Apr 16, 2023

Generally speaking, the owner of the easement is responsible for keeping the easement in good condition. The owner of the dominant estate is the one who has an easement over another landowner's land. The proprietor of the servient estate is a landowner whose property is traversed by an... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: When should a mortgage company automatically cancel PMI from a conventional loan? MY LTV is currently 47%
John Michael Frick
John Michael Frick
answered on Apr 12, 2023

A borrower has the right to request that a mortgage servicer cancel PMI when the principal balance due on the mortgage falls to 80% of the original value at the time of the loan.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: What rights does a renter living in a home sold by land contract have once the buyer dies before contract completion?

Renter paid monthly rent of 500$.. lived in home with buyer at time of death

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

The buyer’s estate steps into the shoes of the buyer.

The ‘rights’ of the lessee depend on his relationship to the estate.

This is a FAR more complicated and fact dependent situation than can be discussed cogently in a forum like this.

You NEED to consult with a...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Does a warranty deed include both the real property and all personal property? Brother trying to pull a fast one? (Mi)

My mother died in 12/22. She had a warranty deed which transferred the real property to my brother. He is claiming rights to all personal property as well thru execution of the warranty deed. There is no will. My mother's lawyer backs his understanding and said siblings have no recourse.... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 1, 2023

No, a warranty deed does not transfer personal property. However, there are some grey areas. For example, a built-in refrigerator might arguably be incorporated into the real property.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: We want to buy a HOA property adjacent to us. What do we do to buy? HOA board want us to find out all steps to buy.

We have maintained the HOA property adjacent to us for over 30 yrs. By-laws don't mention the sale/purchase of hoa property but amendments must pass by 2/3 vote. If a vote was passed to allow purchase, WHAT ARE THE NEXT STEPS FOR US TO PURCHASE THE PROPERTY. The board has asked us to find... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2023

Want to buy it as in 'and remove it from the HoA'?

Want to buy it and keep it IN the HoA?

Want to fraudulently report it as 'not a sale' so the HoA doesn't have to pay capital gains tax?

While the last one is 'shady and likely to end you up in...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can property only in wife's name be changed to reflect tenants in entirety?

Mother in law gifted wife a property on 2020, 10 acres. MIL wanted it only in wife's name, which we agreed to at the time to avoid conflict.(we have been married since 2009) . We are finally building on it, and wife and I want to make the property a tenants by entirety, with both our names. I... View More

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2023

Some of this depends on what the deed to your wife says. If it's a generalized quit claim or warranty deed giving your wife full property rights, then she can now deed it to herself and you as joint tenants by the entireties.

The difference between tenants by the entirety and tenants...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: What is included in warranty deed transfer upon death? Both real and physical (personal. Contents) property ?

My brother states he receives not only the physical home and land from my mother but all personal property inside the he as well. One clean swoop. Is this true? The personal items are worth as much as the physical property . Michigan. Warranty deed. Thank you

David Soble
David Soble
answered on Mar 22, 2023

Generally, a warranty deed is a form of deed that provides an unlimited warranty of title. The grantor guarantees that tthey have good and marketable title to a subject property. It is important to know that the warranty is not limited to the time that the current owner owned the property. It... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: My wife and brother inherited their mothers home upon her death. It was sold 2 months later.

Their mother had put their names on the title many years ago. She controlled the house, paid all the expenses, taxes, insurance, etc. She would never have been forced out of the house by her children. When she died, the house was left to her son and daughter, and it was sold two months later.... View More

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

That depends on HOW 'their names were on it'. Did your mother in law have a lady-bird deed prepared or did she do a simple quit claim deed to 'avoid probate'? (SO many bad decisions are made to 'avoid probate'!)

Take all the documents to a local real estate...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: How can I get out of my office lease with these unlivable conditions?

I have an office suite for my company that has become increasingly unlivable, piles of dead bugs, bug feces, flying ant infestation, ant traps everywhere full of dead ants, extremely cold temperatures (59 f) on occasion, and office landlord does not fix the problem. Is there a way out of my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 14, 2023

Without reading your lease it is hard to say.

RESIDENTIAL leases have an implied warranty of habitability, but that is not automatically the case with commercial leases. (Indeed, many say ‘as is’ and if that’s not good enough, tough. )

Get your lease to a local licensed...
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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Must a simple trust be closed within 2 years of the grantor's death? I saw a question about this on the IRS form 1041.

My late parents made me trustee and requested (in writing) that my siblings and I hold onto their farmland for 5 years before selling. But I saw a question on the IRS 1041 this year asking whether the trust has been in existence for 2 years or longer (and to justify why). Is there a federal or... View More

Trent Harris
Trent Harris
answered on Mar 9, 2023

No, a simple trust does not have to be closed within 2 years of the grantor's death. But it appears you may have misread the question on IRS Form 1041. On 2022 IRS Form 1041 page 3, at question 8, it asks "If the decedent’s estate has been open for more than 2 years, attach an... View More

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1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Michigan on
Q: I lived in a condo that had mold in each unit one floor had four units & common area Does the assoc have to post this

I believe there’s a law in Michigan that the condo association has the post that there is lad, our mold in the buildings in the common area

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

I believe you’re confusing rental property and condos. They are NOT the same thing, and the rules are distinct.

While there are FEDERAL rules about the disclosure of *LEAD* in both rentals and sales, there are no federal or state rules in Michigan about mold. For either condos or rental...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a leasing agency legally enter my apartment when I am not present and without my permission if I live in Michigan?

The leasing agency did a complex-wide inspection for pets. My apartment was inspected while I was not there, and I did not give permission. They claim to have sent six notices of the inspection to my email weeks beforehand, but I did not receive any emails about inspections. Is what they're... View More

David Soble
David Soble
answered on Mar 1, 2023

They can enter only if there is proper notice that is usually defined in a provision within the lease, or if there is an emergency. For more information please see www.ProvenResource.com

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2 Answers | Asked in Family Law, Real Estate Law and Estate Planning for Michigan on
Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.

How do we transfer ownership to my mom, then her children in the future and avoid probate?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2023

IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she... View More

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1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Michigan on
Q: Mortgage company wrongfully put balance on credit report.

My home went into foreclosure in 2020 and I sold it 2 weeks into the redemption. I got a 1099-s, discharge of mortgage from the vice president of the company and a closure of account. I also walked away with a check from the sale. I am being told that I have a $26,000 balance on my credit report... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 15, 2023

This is FAR more detailed and complicated than can be properly dealt with in a public forum like this.

At a minimum, your attorney will need to see all the written documents (like that 1099 and discharge of mortgage) and look at the documents recorded with the register of deeds....
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1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for Michigan on
Q: How can I locate attorneys who have sued in civil court against government agencies in a specific city or county?

specifically tort law

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2023

A Michigan attorney could advise best, but your question remains open for three weeks. It might be difficult to find what you describe - attorneys who sue in specific counties. Most law firms don't hold themselves out for the counties or districts they sue in. Instead, they hold themselves out... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: My property was foreclosed I got a satisfaction of mortgage but some how I have a deficiency balance.

I went into foreclosure due to divorce in 2020 my house was sold and I recieved a release of mortgage(from the VP of my mortgage company signed by a notary public) and an account paid in full letter only to find out I had a deficiency on the balance. My mortgage company admitted years later they... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 3, 2023

This is a little more complicated.

Was the discharge recorded? Do you have the written acknowledgment of payment in full? Did you rely on those representations when closing on the transaction? Did you get a 1099 showing the write off?

If ALL of the above is true, you have a pretty...
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1 Answer | Asked in Personal Injury and Real Estate Law for Michigan on
Q: Are condo boards in Michigan liable if someone falls on snow or ice.

1. We own streets and sidewalks.

2. We have sidewalk and street plowed/shoveled over 1 and half inches. Is this reasonable care from liability standpoint? Or, would you also have to salt to show reasonable care?

3. We don't think we need to salt street because city... View More

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. When it comes to defining "reasonable care," it can sometimes be open to debate. In a textbook sense, it is generally regarded as the level of care that a reasonably prudent person would use. The... View More

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... View More

David Soble
David Soble
answered on Jan 24, 2023

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... View More

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