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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: How do I file default claim on a jointly owned property in the state of Michigan?

I'm attempting to refinance the mortgage on a jointly owned property and the party whose name is on the bank note and deed has left the state and I'm unable to locate them to have a quit claim signed. Is there a default process in place in the state of Michigan?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 3, 2019

You would likely need to file a ‘quiet title’ action with the circuit court in the county where the land is located but that may or may not be possible and also may or may not be the only method available.

I’d urge you to bring all the facts and the documents (particularly the deed...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a rent to buy lease question
Kenneth V Zichi
Kenneth V Zichi answered on Dec 3, 2019

And what is that question?

1 Answer | Asked in Real Estate Law for Michigan on
Q: In MI, can a judge deny me a jury trial in a civil case? Filed a jury demand and he said it's going to be a bench trial

Being sued in civil court over a land easement issue. Land Division Act 288 issue, my easement was being blocked. Plaintiff's attorney claimed our 50 foot wide easement was for walking only . Land Division Act 288 says all parcels of land must have vehicular access. Anyway, The judge kept... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 25, 2019

You must demand a jury within 28 days of filing your answer (MCR 2.508). I don't know where "months before trial" puts your demand relative to that deadline. If your request came after those 28 days, then you waived your right to a jury trial and will have a bench trial.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I’m currently in a situation where the previous owner sold us a home without a permit of occupancy.

There was extensive remodeling without permits and was issued a stop work order and never mentioned these issues.

Kenneth V Zichi
Kenneth V Zichi answered on Nov 14, 2019

Without seeing the offer to purchase it is hard to know what you can do or even how to proceed for that matter. It sounds like you have already closed, but many of the conditions of an offer survive the closing if done properly and it is often your best avenue to proceed with.

I'd strongly...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I legally rent my grandmother's estate if it is in probate
Kenneth V Zichi
Kenneth V Zichi answered on Nov 7, 2019

Yes -- but there needs to be a personal representative appointed who can act for the estate to enter into the lease if that hasn't been done already.

PLEASE don't try to figure this out without the guidance of a local probate / landlord-tenant attorney to insure the lease is proper and...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Have property in Florida with joint ownership with my wife and me and my wife's sister. Sister wants to by us out .

Do we used a quit claim deed from Florida or Michigan to convey ownership?

Thomas. R. Morris
Thomas. R. Morris answered on Nov 4, 2019

You and your wife would execute a quit-claim deed in a form complying with Florida requirements, because the deed would be recorded with the county register of deeds in Florida.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: My tenants broke lease early. Do I have to give deposit back? Michigan is the state. No forwarding address when moved

They gave me 30 day notice but no forwarding address. What are my options of returning there deposit back?

Kenneth V Zichi
Kenneth V Zichi answered on Nov 4, 2019

The law is pretty specific that if the tenants do not provide a forwarding address within 4 days of moving out you are not required to provide them written documentation about the security deposit, but you SHOULD still go through the steps,

Talk with a local attorney to insure you do this...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I currently live in a +55 complex in MI. I will be moving to a +55 complex in CA. Can I break my lease with no penalty?

I have a one year lease at the Michigan senior living apartment complex (Carrington Place - Farmington Hills) and plan to move to the same type of senior place in California. I believe there is a law for seniors that you can break a lease with no penalty but want to be certain. Thank you!

Kenneth V Zichi
Kenneth V Zichi answered on Oct 29, 2019

Probably not. MCL §554.601a, provides that tenants who have occupied their rental unit for more than 13 months may terminate the lease by a 60-day written notice if the tenant (age 62 or greater) has become eligible for subsidized senior citizen housing, or because the tenant is incapable of... Read more »

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on
Q: Can someone sue a neighbor for quiet title to clear cloud from his chain of title?

He has quit claim deed to his property and lives 4 properties down from me.I have a warranty deed,clear title and an easement splits my property.A private road easement is 3/4 mile long and splits numerous properties.My neighbor is sueing me for quiet title and prescriptive easement so his clouded... Read more »

David Soble
David Soble answered on Oct 27, 2019

Quieting a claim to title is a legal action and challenge that needs to be answered with solid supporting documentation. You should have a real estate attorney review your title work, deeds and related surveys. Your issue with your neighbor would need to be adjudicated by a court. The court's... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: If 2 men purchased property together singlely,can they just add wife's names years later?No quit claim,just added

1932 2 men purchased property and obtained a warranty deed.1953 1 of the men and his wife sell his half of the property to the other man and his wife via quit claim.They never quit claimed the wife's names,is that legal?Then months later the man and wife sold both halves to another couple.Is that... Read more »

David Soble
David Soble answered on Oct 27, 2019

While you have done an excellent job of describing the past conveyance history of this property, I would still want to review the title abstract before rendering an opinion. Stating the type of deed used for conveyance is not the same as showing how title held. Go to www.provenresource.com to... Read more »

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My daughter rents a single family house in Detroit, Michigan. The landlord notified me that the house is in bankruptcy.

Will she have to continue to pay her monthly rent? She pays her utilities and water, also. She lives in a high area of properties that are selling at an astronomical price. Will she need proof of a deed that the house is in bankruptcy?

Brent T. Geers
Brent T. Geers answered on Oct 24, 2019

The landlord's bankruptcy does not terminate your daughter's obligations under the lease.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I am a real estate agent. 150 Coalmont, Walled Lake MI is of interest. A court case seems to be unclear.

No 339762 and 339808 in Oakland Circuit Court. Do the current owners have any rights to use Walled Lake and do they have a right to have a dock? Is there an appeal?

David Soble
David Soble answered on Oct 22, 2019

What exactly are you trying to accomplish here? Who are your clients? Could you elaborate more on your inquiry please?

1 Answer | Asked in Real Estate Law for Michigan on
Q: My mom passed away and my sister is on the mortgage with her. The title company didnt put her name on the deed.

She signed all the same ppwk as my mom. Is there any way we can get her name on the deed now so she can refinance? The deed company wont do anything.

David Soble
David Soble answered on Oct 22, 2019

I am not clear who you are referring to when you state "the deed company," but in general, a real estate attorney would need to know if your mother had a will or trust when she passed. Additionally, we would need to see the deed.

While I can't be certain at this time, it sounds as if you...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can my brother is executor have his real estate affiliates sell the property so that he will get a comission.

Isnt that a conflict of interest?

David Soble
David Soble answered on Oct 22, 2019

If your brother discloses his business relationship to the heirs of the estate and they sign off on that., it should not be a problem. On a more practical note, one would think that if he was using his license to sell the property, he would be doing so to save the estate from paying high... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: My lease provides internet but I've only gotten a shared password from the landlords house next door and it barely works

It's been 6 weeks. Can I buy my own internet and deduct it?

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Unlikely. You do have Internet access - not exactly blazing fast Internet. You can buy your own, but it would be on your own dime. Unless the landlord made some affirmative assurances about the Internet (i.e. "always on", or a certain speed), there's not much that can be done.

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1 Answer | Asked in Real Estate Law, Consumer Law and Landlord - Tenant for Michigan on
Q: Who do I talk to about a realastate agency suing me, for properties they never fixed, while I lived there?

All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many things like... Read more »

Trent Harris
Trent Harris answered on Oct 10, 2019

You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.

As to the merits of your case, you would probably need to have good proof that the...
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1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Seller agreed to offer and signed all documents. Upon waiting for closing, seller decides not to sell.

The seller agreed to all terms, contingency money is paid, 2 weeks before closing they decided they no longer needed to sell their home(long story).

What do i do now?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 4, 2019

Without seeing the terms of the offer it is hard to say what you can or should do. Possible remedies range from getting your deposit back and declaring the deal ‘dead’ to forcing the sale, or something in between.

You need to consult with a local attorney in the area where the house is...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can an associate broker operate a property management business aside from the company he is licensed with.
David Soble
David Soble answered on Oct 3, 2019

In Michigan, the state requires that a property management company be owned and operated by at least one person who is licensed as a real estate broker. To the extent that you can operate such a company and also be licensed with your current broker is a determination that can be made between the... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: can a purchaser legally sell or rent a house on land contract if theres a mortage?
David Soble
David Soble answered on Oct 3, 2019

Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: can a purchaser legally sell or rent a house on land contract if theres a mortage?
David Soble
David Soble answered on Oct 3, 2019

Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.

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