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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: can you get a building permit to build a home on landlocked property in Michigan?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 28, 2022

Generally, no unless you have some way to legally access public rights of way, you cannot build on a parcel.

You would need to work with a neighbor to get an easement of some sort. USUALLY that is done while the property is in 'common ownership' so the ONE landlord creates...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My brother is a co signer on my home and since my other passed he has gone crazy he will not help me save my hous

He will not sign the refinance papers he won't sign a quick deed is there any recourse for me

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 27, 2022

Your question is missing some facts that are important. I assume 'Scott' is your brother.

The 'missing' facts are:

Is your brother a co-signer on the loan or a co-owner of the house?

If he's a co-owner, is he a tenant in common or a joint tenant...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Hello Does a Land contract Forfeiture have to be filed in the city in which the property is located?

Home is located in Burton Michigan Forfeiture was filed in Davison Michigan

Thomas. R. Morris
Thomas. R. Morris
answered on Oct 18, 2022

This is from the website of the state district court in Davison: "Davison Court serves Davison Township, Forest Township, Richfield Township, Atlas Township, City of Davison, Village of Goodrich and Village of Otisville." The 67th District Court also has a location in Burton. I would... View More

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1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Had PA with a stipulation window would be fix by closing. Seller didn’t fix by closing & relist house. Do I have a case?

I am a novice real estate investor. The stated closing date in the purchase agreement was October 3rd. The house had a broken front window. I had an addendum stating the window would be fix by closing. The window wasn’t fixed until October 14th. I told the agent that I wanted to close on November... View More

David Soble
David Soble
answered on Oct 18, 2022

You may have an action against the seller if the addendum is detailed and signed by both parties. If the window repair is required and they failed perform, then it seems that they are breaching the contract. Still, A real estate attorney would need to review your purchase offer before pressing your... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Do I have to go to a deposition if I didn’t receive a court ordered subpoena?

I won but my exhusband is suing me for his attorney fees in a civil case. I don’t have an attorney because I don’t have enough money for a retainer fee and legal aid said they don’t have the funding for my kind of case.

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 15, 2022

If you have been sued you MUST defend against the case or there will be a 'default' entered against you.

The facts you state here don't make sense. If the case is over ('you won') there wouldn't be the need for you to attend any deposition (If you lost there...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a mobile home owner offer sheds to buyers, but not renters? If I want one, I have to pay for the concrete and shed.

The park is paying to put in concrete and sheds for people buying their home, with a small fee added to their lot rent. But if I, a renter, want a shed, I have to pay for the concrete, and the shed. And the shed has to be approved by them. This just seems backwards to me. As I would have to pay for... View More

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

The park can do what it wants with ITS land. And if that means something you don't understand that is still OK.

I can see how the park might think "someone renting is likely to skip out in the middle and leave us a mess to clean up, but a purchaser is in it for the long run so...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a township bill you for a tenant's past-due utility bills in their name?

I had a tenant on a land contract purchase agreement that put the utilities in his name including the sewer bill. He could not make payments and violated the land contract with illegal drug activity so he was kicked out by the court of Menominee County, MI. He had left a sewer bill of $661.29 and... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 5, 2022

Municipality owned/operated utilities for water and/or sewer CAN under state law, add unpaid bills into the property taxes. This doesn't sound 'unusual' to me.

What DOES matter is your misuse of the word 'tenant' which makes me think you didn't get legal advice...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt can they force us

A group lake property owners formed an Assoc to pay for weeds This Assoc wants all owners pay even opt out can they force us to pay using the township to collect the tax?

They said if they get 51% of lake property owners to join the other 49% would have no choice ad our Township would... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 29, 2022

What does your deed say about a property owners association? Unless it existed at the time you bought, or existed when a single person/entity owned the land before subdividing the land, I don't see how you can be FORCED into joining an association.

Without seeing all the paperwork...
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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... View 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... View More

David Soble
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... View 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
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... View 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... View 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... View 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
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... View 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... View 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... View 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... View 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...
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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...
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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
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... View More

David Soble
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/

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