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Michigan Real Estate Law Questions & Answers
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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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

James L. Arrasmith
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answered on Mar 1, 2024

In situations like this, it's essential to understand your legal rights and protections as a tenant or cohabitant in the home, especially if there was no formal rental agreement in place. Generally, without a written agreement specifying otherwise, the ex-girlfriend's demands may not have... View More

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1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

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

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: How, as the home owner, seller, do i get my deed cleared after a default was made on a land contract?

I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More

David Soble
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David Soble
answered on Feb 6, 2024

If you have a recorded land contract and the buyer defaults, then the only way to remove the land contract as of record is to have a court judgment against buyers in a land contract forfeiture action. This is true even if the buyer has abandoned the property. I hope this helps.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: How, as the home owner, seller, do i get my deed cleared after a default was made on a land contract?

I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 7, 2024

Mr Soble is exactly correct, but to expand on that, you ask "what good is a contract then".

The contract protects the rights of the buyer, and provides them EQUITABLE title to the property while you retain LEGAL title. If you don't understand the difference between those two...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My so is buying a condo in michigan on land contract. He put $22,000 down payment on $90,000 and paid all his payments

For 1 year. Then, he had a car accident and is paralyzed from the neck down. He probably won't return to the condo to live for at least a year or two. Can he get any of his deposit back or does he lose everything?

T. Augustus Claus
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answered on Jan 16, 2024

In a land contract, the terms and conditions are crucial, and they can vary. Generally, the down payment in a land contract acts as a form of security or consideration for the property. In the event of unforeseen circumstances, such as a medical emergency leading to an extended absence from the... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My so is buying a condo in michigan on land contract. He put $22,000 down payment on $90,000 and paid all his payments

For 1 year. Then, he had a car accident and is paralyzed from the neck down. He probably won't return to the condo to live for at least a year or two. Can he get any of his deposit back or does he lose everything?

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 17, 2024

It may be possible to negotiate a resolution with the seller. It may be that the land contract permits the buyer to rescind the purchase in the event of a disability, but I have never seen that in a land contract. The law does not provide for the buyer to be able to rescind a land contract... View More

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2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I want to challenge a quick claim deed my brother had done and during this time my mom was sick in hospital

My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: A title company called to ask me to sign a quick deed for some land that I was going to buy last year. I didn't buy it.

Seems that my name is on the title, but I canceled the sell before putting any money down. Does this mean I own the land now? If I sign the quick deed, will I be somehow punished in the future for taxes or something else?

David Soble
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David Soble
answered on Jan 8, 2024

It sounds as if some how during the initial transaction, your name was placed on the title. If there was no consideration, and you canceled the transaction, then the title company may be trying to clear the title. A quit claim deed is used for just that purpose. When you endorse a quit claim... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: A title company called to ask me to sign a quick deed for some land that I was going to buy last year. I didn't buy it.

Seems that my name is on the title, but I canceled the sell before putting any money down. Does this mean I own the land now? If I sign the quick deed, will I be somehow punished in the future for taxes or something else?

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 8, 2024

If a deed was recorded in your favor, you may own it. With ownership comes responsibility, as you observe. There is not enough information provided for an attorney to give a meaningful response, so you may want to consult with an attorney before executing a quit-claim deed and thereby giving up... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: My mom wants to remarry and he will move in with her, I’m on the deed what’s happens to her house if she passed away?

She is 84 he is 72 my wife and I are on the house deed

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

That depends on HOW you are 'on the deed'. Was the deed prepared by a licensed attorney? Was this a DIY situation?

There are MANY pratfalls for the uninitiated in trying to 'just add a name to avoid probate' and sometimes it actually CREATES A NEED FOR MORE COMPLEX...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: dad quitclaimed house to brother before he died. "terms of sale" is listed as 26-partial interest, what does this mean

My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest?... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 8, 2024

What are you looking at? Some sort of tax listing? A summary from the local register of deeds? Where is the property located? Have you actually seen the DEED that was recorded?

These are all questions that need answers before you can get any meaningful information ... I have NO clue what a...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a quit claim deed from my aunt. What do we do when she passes to prevent the home from being ransacked by relati

What about extended stay in the hospital? Other relatives have keys.

Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

Are you SURE the deed acts to immediately transfer ownership? Has it been recorded? Mr Morris is correct, but if you're still uncertain, 'asking on the internet' is not going to net you actual legal advice. I would urge you to consult with your own lawyer or at least the one who... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a quit claim deed from my aunt. What do we do when she passes to prevent the home from being ransacked by relati

What about extended stay in the hospital? Other relatives have keys.

Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 2, 2024

You seem to be unsure about your rights and responsibilities. If you intend to treat the quit claim deed as effective, record it with the register of deeds, take control of the home (including changing the locks) and act like an owner. You do not need a lawyer to change the locks unless there are... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.

Should we sign this or are we required to?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 28, 2023

You should have received this as part of the ACCEPTANCE of the offer -- even before closing.

You absolutely positively certainly most assuredly need to get to a local real estate lawyer ASAP (as in yesterday) to review your closing paperwork. I assume based on your question you didn't...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.

Should we sign this or are we required to?

David Soble
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David Soble
answered on Dec 28, 2023

When the Seller's home disclosure is not endorsed by buyer prior to closing, the buyer actually waives any issues related to the condition of the home. So if the seller failed to disclose a problem with the home, the buyer would have to have the signed disclosure prior to closing if the buyer... View More

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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: I sold a house on a land contract. Buyer is 3 months behind on his payments, property taxes and water.

I took the buyer to court. Buyer was served a forfeiture notice. He did not show up and case was ruled in my favor (Failure to appear). Now the case is scheduled for a review. We do not have to go to court. Do I need to send the buyer or court anything? What will happen next?

James L. Arrasmith
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answered on Dec 25, 2023

Since the court already ruled in your favor due to the buyer's failure to appear, you may not need to send anything further to the buyer or the court for the review. Typically, after such a ruling, the court will proceed with the forfeiture process.

During the review, the court will...
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1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?

have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

You don't want to cloud the title. You want to buy the property!

Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.

But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: hi I have a partially paid land contract that my cousin left to me upon his death, can his son his beneficiary take it ?

I'm in possession of the original deed and the contract and his will for this signed and notarized.

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

You've used two different terms that make me think you're not understanding how this works.

If you are the DEVISEE (named in a will) and the asset passes through probate, then a 'beneficiary' doesn't exist and you're good.

If there is a BENEFICIARY...
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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: Unmarried parents. Only deceased father’s name on deed.His other children took his 2 other houses. Need my name on deed

How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.

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

If I understand the question properly, your father has passed, and only his name was on the deed to the house you're interested in. Your mother, who was not married to your father, is still alive but not competent, and you want to put the house into your name alone despite the fact you have... View More

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