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Michigan Real Estate Law Questions & Answers
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... View 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... View 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...
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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... View More

Michael Zamzow
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... View 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
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:... View 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
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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... View More

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2 Answers | 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
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... View More

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1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: If I ordered a manufactured home a yr ago n still won’t be in till maybe mid Sept can I cancel and get deposit back
Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

The answer is 'maybe, and then again, maybe not.'

What are the agreed upon delivery terms? Was there to be a 'firm' delivery date? What happens under the terms of your agreement should one party not fulfill the obligations in the agreement?

Without reading the...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I sue a HOA for a unsafe bylaw? They won’t change. We HAVE to have wood shingles. Fire chief says unsafe!

A vote was taken but not enough owners returned their ballot so it failed.

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

You point out yet another reason HOAs are a thing to be avoided.

And while you can 'sue' the chances of success depend a lot on how the by-laws are written, what 'administrative remedies' are needed before a suit can be maintained, and what exactly you're looking...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: In disclosure the seller said a hot tub would not stay. We asked to keep in via the PA, they signed it. Who has rights?

The sellers are now saying they will not leave the hot tub despite the PA agreement they signed. Not sure how to proceed.

David Soble
David Soble
answered on Jul 20, 2022

A purchase agreement is a legally binding contract. Generally speaking, If the seller represents that an item will remain at the home after the sale, then they need to leave that item when they close on the home. See more at www.provenresource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: What happens if I'm selling my house and a bomb shelter is found buried on the property?

This house is in town on a small lot in an older neighborhood

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 16, 2022

What exactly are you concerned about?

Is the shelter on YOUR property?

Unless it is a ‘hazard’, nothing will ‘happen’. It is as if you ‘discovered’ an additional room.

If it encroaches on a neighbor property there might be an issue.

If you have...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: How do we sever/retain the mineral rights on land before selling the property? No other sever records found on record

We believe there are methane pockets on our 4.9 acres of land. It is not yet verified, but we would like to retain the mineral rights to the property before we sell it.

Our realtor told us it is better to sever the rights while we still own the property and before we have a buyer, or it... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 14, 2022

Mineral rights owned by someone other than the surface owner are rights said to be ‘severed.’

There is no 'special' way to do this other than with an appropriate deed, but the process is complex. That said, you do NOT need to do that before you 'sell' the land. The...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: I found out the lady I’m buying a house from on land contract has two mortgages on the house and now owes more than I do

She has been trying to get me to move out every since my husband passed. She wants me to sighn a new contract that is more money and higher payments because the contract is expired

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 7, 2022

Something sounds fishy here. Land contracts don't typically 'expire' -- they mature at some point and you get a deed when the payments are all made.

I STRONGLY urge you to consult with a licensed local attorney familiar with real estate law! SOMETHING doesn't ring true...
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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Michigan on
Q: What happens to a revocable land trust when is terminates/expires?

I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

We would need to see the trust agreement to determine whether the property reverts to the grantor(s), or whether title vests in the beneficiaries. If the trust is still revocable (because the grantor(s) are alive, the grantors could revoke the trust and own the property as they choose. There is... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is a land contract legally binding in MI if owner dies or is incapacitated? Does it have to be entered into their will?

We were advised by another free legal aid that it has to be entered into their will in order to be binding in a court of law if the next of kin wanted to challenge it. I printed out a Codicil for the seller. Is that sufficient?

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 26, 2022

You don't 'enter' a land contract 'into a will'.

And a codicil is usually the 'worst of all possible worlds' to avoid a will challenge.

And finally, preparing a legal document for someone else potentially constitutes the practice of law which, if...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is a seller liable after closing for misstatements made on disclosure statement.

After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there... View More

Trent Harris
Trent Harris
answered on Jun 24, 2022

The answer to this question is: maybe. There are two different issues. The first is the encroachment onto the neighbor's property. The second is the basement work done without proper permits.

As to the first (encroachment issue), the seller would not be liable to you for that unless...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I’m buying a house on land contract the seller is trying to switch contracts what can I do
Thomas. R. Morris
Thomas. R. Morris
answered on Jun 16, 2022

You have not provided enough information for a meaningful response. However, if you have a signed and enforceable land contract, the seller cannot change the terms without your agreement unless the contract provides for the change. You may wish to consult an attorney.

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: A year almost and nothing done and I’m still getting damage done every time with heavy rains

Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 13, 2022

I concur your best results will be with a local real estate attorney in your corner.

But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: I’d like to keep house I bought with girlfriend but she will not let me buy her out nor will she agree to sell…

She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?

David Soble
David Soble
answered on Jun 2, 2022

A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If a agent sells me a house without disclosing that the next door neighbor is a drug house or drug dealer, can I sue?

If yes - How do I determine damages?

Kenneth V Zichi
Kenneth V Zichi
answered on May 10, 2022

Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... View More

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