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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Michigan on
Q: i bought a lot from the county that had been seized for back taxes.

The lot was own by the hoa, not the developer who was out of the picture. Since it was the hoa that lost the property I feel they have no claims to my property that I purchased in good faith. They claim I have to be in their hoa which I want no part of.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 19, 2022

If the lot is included in the HOA and the HOA properly recorded that fact and the HOA still exists, you're likely 'out of luck'. If you didn't want to be part of a HOA you shouldn't have bought the property. Now, as a MEMBER of the HOA you can probably take steps to... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Michigan on
Q: My wife and I are separating. We refinance our house last October 2021. I signed even though her name is on the mortgage

We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... Read more »

David Soble
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David Soble
answered on Sep 5, 2022

A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I live in a house in detriot that my neighbor that went to a nursing home I believe she die in the pandemic

What do I do I pay the taxes up

David Soble
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David Soble
answered on Sep 5, 2022

You can go to 400 Monroe St. and pay the property taxes for your neighbor using the regular home address. This however, does not entitle you to own the property. If you wish to obtain the property, you will need to reach out to the person handling the estate of your neighbor, and purchase the... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Is it a PPO violation when respondent files all documents pro se?

I have a non-domestic PPO granted in 12/21 against the former owner (“RW”) of my property for stalking (sending harassing letters). We bought our house 3 yrs ago in a foreclosure. RW has litigated the foreclosure for over 10 years — all were pro se & she lost every claim. RW is prohibited... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

It isn't so much the fact that she's representing herself; it's the fact that she is attempting - albeit poorly - legal proceedings. The service of papers is part of a legal proceeding that she remains entitled to try regardless of the PPO. In other words, just because you have a PPO... Read more »

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: How do I transfer property from a deceased parent to one of his sons?

Probate court is currently open, which doc would we need to send to the deeds office?

David Soble
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David Soble
answered on Aug 29, 2022

Real estate and probate matters very frequently intersect. You need to first confirm that you have authority from the court to transfer or convey real estate out of an estate. If you do, then the personal representative has authority to create a deed during the pendency of a probate estate... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Can a Michigan referee void a listing agreement that two divorced people agreed upon and signed

One month after couple signed listing agreement, Michigan court referee on it owns choosing voided listening agreement and set price that he chose is this not considered taking away his due process of fifth amendment of ownership of property by two people that agreed to list the property

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2022

Your question does not make clear what is really going on. It sounds like the referee determined a price for the house to be divided as part of the property settlement. If that's the case, I'm not seeing that as a "taking" and is within the court's and referee's... Read more »

1 Answer | Asked in Real Estate Law and Family Law for Michigan on
Q: Is it illegal for real estate agents to do a background check on someone who is not a client from them?

My parents are real estate agents and used spokieo to do background check on my fiance with our knowledge or consent. They did this because they didn't like how we are waiting for him to meet my parents. They made it seem like no big deal because they have a real estate license and can do this... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2022

Anyone can do a background check on anyone nowadays.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I inherited a lake house from a grandparent via a Lady Bird Deed, but the land deed isn't in our name.

They found a descendant of the original land owner and they are willing to negotiate. Our grandparents have always said they owned the land, did all the upkeep, paid all of the taxes, and everything that comes with it. Is there any documentation I should be looking for? Is there a way to prove it... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 25, 2022

Your question isn't exactly clear.

If there is a ladybird deed you record the death certificate and the deed is then 'in your name'

Are you suggesting your GRANDPARENTS didn't actually own the property they deeded to you?

Was there some sort of...
Read more »

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2 Answers | Asked in Real Estate Law and Estate Planning for Michigan on
Q: My parents got killed by my sister. I was over the estate. I took the insurance money and gave house to my brother and

Wife . Unpond agreement house get sold I get half they get half . My brother died now she's trying not to give me my half what can I do. Plus I've been living in the home and have made major repairs that brought up property value and paid out of pocket for supply's etc

Brent T. Geers
Brent T. Geers
answered on Aug 24, 2022

The answer would depend on what exactly the agreement says, and how ownership was transferred out of the estate. Were you on the deed as tenants in common, with your brother and his wife as one-half?

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1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: Can a Resident Agent of an llc buy, sell and negotiate real estate transactions, without a real-estate license?

Only listed Resident Agent lives in Texas, has an office in Michigan. The Michigan business license says "general purpose clause".

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 23, 2022

‘Buy sell and negotiate’ for what purpose?

Buying/selling for the use of the LLC? Sure. You don’t need any special licenses to buy or sell land for your own use.

Buying/selling as a ‘public agent’ / broker to the public representing buyers and sellers? Not without...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: In MI, can a non-incorporated HOA impose a fine for a covenant violation if the fine is not defined in the By-Laws
David Soble
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David Soble
answered on Aug 23, 2022

Generally speaking, "no" but an attorney would need to review the HOA by-laws.

See more at: www.provenresource.com

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Is there hope to get my childhood home back?

My mother and I were ( I believe) wrongfully evicted from land that we had been renting to own for 12 years, and due to a blight complaint while cleaning out our garage (we all fell ill and had to stop working for a week or so) the guy we bought the land from said we had to give him 30,000 dollars... Read more »

David Soble
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David Soble
answered on Aug 23, 2022

A real estate attorney familiar with land contract law would need to review the default provisions of the land contract. Additionally, there is a legal process for forfeiture on a land contract. See more at: https://provenresource.com/land-contract-law/

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Mailing a filing of summons and complaint for an eviction for my parents’ house (DPOA for both-they are in GA, I'm IN)

1. There are 2 defendants (unmarried). Am I able to put both names on the one complaint and summons? how many copies of each “packet” (including summons, complain, notice of quit, no lease because there isn’t one) do you need to send for each

2. Do I need to send the original green... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 19, 2022

I would suggest that for your costs and time, it would be most cost effective for you to hire a local attorney to conduct the eviction. The onus is on you as the landlord to meet each procedural and administrative step; a misstep - even unintentional - could delay, or in worst case, cause the... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Explain in layman's terms MCL 207.526 section 6.

My sister and I are currently the co-owners of a house in Michigan. I am doing a quit claim deed to give her my half of the house. What does the above mean?

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2022

This section provides for tax-exempt transfers of real estate. If your transaction does not meet any of those standards, then you will need to account for taxes to be paid for the transaction.

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1 Answer | Asked in Real Estate Law and Banking for Michigan on
Q: What does MCL 600.6023 (1)(H) mean in layman's terms?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 13, 2022

I don't know that there is a good 'short' layman's explanation, but the closest I can come to is that if you have a judgment against you, a judgment creditor cannot execute against a piece of property that has a mortgage against it.

In other words, you can't avoid...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Had recommend HOA Contractor do some work. After work was done 30 days later new policy installed and I was violated.

Is this legal, when they gave me contractor's information? Should the contractor have known what was allow in the HOA since he came at the HOA recommendation? I spoke to HOA told them work was complete before new policy was in place. I did not hear anything until this year with threats, five... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Aug 4, 2022

It depends what the HOA has actually done to enforce the new policy. It sounds to me like it would be grandfathered in until typical HOA policies, but perhaps not. Unfortunately, if the HOA is making a bigger deal out of this than they should it might take a costly lawsuit to get the matter... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Uncle bought my house 18 years ago promising it would be mine. I have paid everything. Now wants to sell, what can i do?

I paid all of the mortgage, taxes, repairs etc. we have no signed contract.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Aug 4, 2022

You're outlining a case that comes with a strong headwind. I am hesitant to say it is definitely barred until more information is divulged. While on the one hand it is certainly true the statute of frauds will inevitably be a defense raise by your uncle, it is not a straightforward case:... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Is there anything I can do

I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 28, 2022

If you only have a Contract for a Deed, then it is a Lease with Option to Purchase. No Foreclosure is involved, but usually an Eviction proceeding and they keep your paid rent. Hire a competent MI attorney quickly to fight loss of possession, and possibly make a claim in Equity or Breach of... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jul 26, 2022

When it comes to infringing on an easement, it might be wise to first contact the persons who use the easement and ask them if they would be ok with you moving it. On the other hand, it sounds like this particular easement takes up a large portion of the useable yard, so perhaps this easement... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

David Soble
PREMIUM
David Soble
answered on Jul 25, 2022

You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if... Read more »

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