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We own a parcel of land across the state. We're part of a HOA, although our lot is separated by a half mile from the main grouping of homes that are on a cul-de-sac. The main grouping has voting rights on rules changes, but we do not. The HOA wants to change the Home Rental clause (think Air... View More 
answered on Jan 18, 2023
It is impossible to say without reviewing the HOA rules.
The 'short' answer is 'probably'
As a private entity, they can set rules however they want including the rules about amending and voting on rules. If you don't like that, you shouldn't have... View More
Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... View More
answered on Jan 17, 2023
IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.
Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t... View More
I did not pay my HOA dues for 2 years. My fault completely. I received a foreclosure filing over $725. The filing attorney wants $2,100 for filing what should have been a small claim.
I sent an email to the HOA explaining that I would be sending 3 payments to cover the past due. They sent... View More
answered on Jan 17, 2023
You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for... View More
Currently, the general contractor on my residential project is filing an invalid lien on my property but he is not licensed. The subcontractor who performed the work is licensed but he is not filing the lien. Can he do this?
answered on Jan 11, 2023
No. The contractor must be a licensed contractor to file a lien. The lien would be unenforceable. The contractor cannot enforce the lien in a court action.
See more at: www.provenresource.com
It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... View More
answered on Jan 5, 2023
Did you sign a lease that obligated you to pay rent for a period of time that extended past the date on which you moved out? I suspect that there was a lease, and it went through July 2018. If so, the fact that you notified the landlord of your intention to move probably makes no difference.
ensure it runs to successors. (ie "runs with the land") in a recorded document.
answered on Dec 30, 2022
One cannot determine in the abstract whether that’s sufficient. I would want to look at the whole document and entire transaction. One example of a phrase that would clarify that it runs with the land is “the easement runs with the land”.
has details not worked out completely . What is the best way to go about this and is it necessary to file anything with the court.
answered on Dec 28, 2022
If there is a court file, there needs to be an order to withdraw the attorney. Just know that you will be held to the structure of the mediated agreement regardless.
On our mortgage paperwork at closing showed our principal/interest payment was $1,100. They said they miscalculated and said it’s now $1,500. They offered to pay $800 for the 2 months that were miscalculated. Just want to know if we are legally obligated to sign a new closing disclosure with new... View More
answered on Dec 22, 2022
Without reviewing your whole closing package it is impossible to know what your situation is. Did you sign an ‘errors and Omissions’ addendum? What exactly is the ‘error’? Something with your escrow? Did you have an attorney review the paperwork before you closed? They might have caught the... View More
Hello,
I need some advice. 19 months ago I had a house fire. The company hired to complete the repairs has been a nightmare. Many jobs were done without any input from us on material, improperly, and things are non-functioning. The project was supposed to be completed in 8 month and here we... View More
answered on Dec 20, 2022
Did your insurance company contract with these people? First call should probably be to them. Second call should be to a local attorney who handles insurance and construction liens.
He bought it after they separated. She was not on the deed now the mortgage. He wants to sell it for the balance owed because he was incarserated.
answered on Dec 14, 2022
It sounds as if you may be concerned about the spouse's dower rights. Dower has been recognized as one of several legal protections provided to women. This was so that she would not be alienated from her primary residence. However, in 2017, Michigan ended dower. So it will depend when the... View More
I'm sorry he *has* an incorrectly recorded ledger.
answered on Dec 12, 2022
If you contest your payment ledger / payment history, you may be able to bring an action for an accounting, challenging the pay history. Feel free to see more at www.provenresource.com
answered on Dec 8, 2022
Your question got cut off and isn't really a question.
HOWEVER, I can answer.
You need to take your lease and that notice to quit and records showing whether or not you have paid the lease as agreed to a local attorney ASAP. We can't provide an answer here because the... View More
We would like to do this tax-free. He is married as am I. Is there a way to do this?
answered on Dec 4, 2022
There are several ways to do this and MANY wrong ways.
A Quit claim deed is one but you need to appropriately record transfer affidavits and report the gift properly. There probably won’t be tax due but depending on how you structure things a return may be due. The rules are complicated... View More
My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... View More
answered on Dec 5, 2022
There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.
Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do... View More
winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.
answered on Nov 28, 2022
I don't have enough information to answer your question, but here are some observations:
1. If both sides accepted case evaluation, then the attorney should not need your permission to proceed to obtain a judgment.
2. If you agreed in mediation to a settlement, then it may... View More
We maintain the land and have only six feet easement beyond the road at that point in the easement. She shares the easement in that area. Since she benefits and there is no other place to put the snow, if the land I push over the embankment lands on her land is it illegal?
answered on Nov 26, 2022
Whose land is the easement on? Yours or hers? It sounds from your question that hers is the 'dominant estate' and yours is the subservient one?
If that is the case, then you are moving snow from HER land that you have a right to use, onto HER land, that you don't have a... View More
Can my boyfriend will or trust his half of our joint ownership house to someone? Put his half in a will?
answered on Nov 20, 2022
No, joint ownership includes survivorship, meaning that the survivor of the joint tenants takes title. A tenant in common could devise or place in trust his interest as a tenant in common.
didn't let me finish to put our daughters name on the place.
answered on Nov 17, 2022
The simplest way is to execute a quit-claim deed to your daughter as grantee. However, you should consult with an attorney to explore the options available. Do you intend that she own the property outright, immediately? Do you intend to co-own it with her until your death so that she takes title... View More
answered on Nov 14, 2022
While there may be issues if the township has EXCLUDED specific types of structures from all zones, the lack of a 'multifamily' zoning district in and of itself is not necessarily an issue.
The FULL answer would require examining and analyzing the whole zoning ordinance and the... View More
answered on Nov 15, 2022
"Over their head"? Who would you expect to go to if the city won't act? The State? The Federal Government? A Supreme Being?
You can certainly take some 'out of the box' steps. Why not offer the owner a reasonable amount of money to buy the blighted property and... View More
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