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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: My property was foreclosed I got a satisfaction of mortgage but some how I have a deficiency balance.

I went into foreclosure due to divorce in 2020 my house was sold and I recieved a release of mortgage(from the VP of my mortgage company signed by a notary public) and an account paid in full letter only to find out I had a deficiency on the balance. My mortgage company admitted years later they... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 3, 2023

This is a little more complicated.

Was the discharge recorded? Do you have the written acknowledgment of payment in full? Did you rely on those representations when closing on the transaction? Did you get a 1099 showing the write off?

If ALL of the above is true, you have a pretty...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »

David Soble
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David Soble
answered on Jan 24, 2023

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: We're part of a HOA, but can't vote on rules changes. Should we be subject to rules we can't vote on?

We own a parcel of land across the state. We're part of a HOA, although our lot is separated by a half mile from the main grouping of homes that are on a cul-de-sac. The main grouping has voting rights on rules changes, but we do not. The HOA wants to change the Home Rental clause (think Air... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 18, 2023

It is impossible to say without reviewing the HOA rules.

The 'short' answer is 'probably'

As a private entity, they can set rules however they want including the rules about amending and voting on rules. If you don't like that, you shouldn't have...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Municipal Law and Land Use & Zoning for Michigan on
Q: Can I legally move (via tow-truck / paid service) another person's car from my property?

Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2023

IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.

Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t...
Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Why would my HOA refuse to accept payments?

I did not pay my HOA dues for 2 years. My fault completely. I received a foreclosure filing over $725. The filing attorney wants $2,100 for filing what should have been a small claim.

I sent an email to the HOA explaining that I would be sending 3 payments to cover the past due. They sent... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can an unlicensed General contractor file a lien using the subcontractor's license?

Currently, the general contractor on my residential project is filing an invalid lien on my property but he is not licensed. The subcontractor who performed the work is licensed but he is not filing the lien. Can he do this?

David Soble
PREMIUM
David Soble
answered on Jan 11, 2023

No. The contractor must be a licensed contractor to file a lien. The lien would be unenforceable. The contractor cannot enforce the lien in a court action.

See more at: www.provenresource.com

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 5, 2023

Did you sign a lease that obligated you to pay rent for a period of time that extended past the date on which you moved out? I suspect that there was a lease, and it went through July 2018. If so, the fact that you notified the landlord of your intention to move probably makes no difference.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is saying that an easement or an amendment to an easement "is appurtenant to the (dominant name) parcels" sufficient to

ensure it runs to successors. (ie "runs with the land") in a recorded document.

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

One cannot determine in the abstract whether that’s sufficient. I would want to look at the whole document and entire transaction. One example of a phrase that would clarify that it runs with the land is “the easement runs with the land”.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: We want to terminate our attorney client relationship amicably. We only have a mediation settlement agreement that

has details not worked out completely . What is the best way to go about this and is it necessary to file anything with the court.

Brent T. Geers
Brent T. Geers
answered on Dec 28, 2022

If there is a court file, there needs to be an order to withdraw the attorney. Just know that you will be held to the structure of the mediated agreement regardless.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Hi- We closed on a new home on 9-14-22, on 12-21-22 we received a call that the lendor miscalculated our payment.

On our mortgage paperwork at closing showed our principal/interest payment was $1,100. They said they miscalculated and said it’s now $1,500. They offered to pay $800 for the 2 months that were miscalculated. Just want to know if we are legally obligated to sign a new closing disclosure with new... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 22, 2022

Without reviewing your whole closing package it is impossible to know what your situation is. Did you sign an ‘errors and Omissions’ addendum? What exactly is the ‘error’? Something with your escrow? Did you have an attorney review the paperwork before you closed? They might have caught the... Read more »

1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Michigan on
Q: Does this company have legal rights to lien my property and is this consider a inflated lien?

Hello,

I need some advice. 19 months ago I had a house fire. The company hired to complete the repairs has been a nightmare. Many jobs were done without any input from us on material, improperly, and things are non-functioning. The project was supposed to be completed in 8 month and here we... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2022

Did your insurance company contract with these people? First call should probably be to them. Second call should be to a local attorney who handles insurance and construction liens.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Husband and wife have been separated for years. He bought a piece of property. She is not on the deed. Can he sell it?

He bought it after they separated. She was not on the deed now the mortgage. He wants to sell it for the balance owed because he was incarserated.

David Soble
PREMIUM
David Soble
answered on Dec 14, 2022

It sounds as if you may be concerned about the spouse's dower rights. Dower has been recognized as one of several legal protections provided to women. This was so that she would not be alienated from her primary residence. However, in 2017, Michigan ended dower. So it will depend when the... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: I am in a land contract in Michigan and the owner of the deed is an incorrectly recorded ledger. What are we entitled to

I'm sorry he *has* an incorrectly recorded ledger.

David Soble
PREMIUM
David Soble
answered on Dec 12, 2022

If you contest your payment ledger / payment history, you may be able to bring an action for an accounting, challenging the pay history. Feel free to see more at www.provenresource.com

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am locked into a year lease that is not up until August. I received a notice to quit for non payment and the two optio
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 8, 2022

Your question got cut off and isn't really a question.

HOWEVER, I can answer.

You need to take your lease and that notice to quit and records showing whether or not you have paid the lease as agreed to a local attorney ASAP. We can't provide an answer here because the...
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1 Answer | Asked in Real Estate Law, Elder Law and Probate for Michigan on
Q: Real estate: Living Mother & Deceased Father on title. Both on medicare. Dad died in long term nursing home care.

My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... Read more »

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

There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.

Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do...
Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: I want to gift a piece of vacant property to my son. I want to do this while I am still alive. What are the tax liabilit

We would like to do this tax-free. He is married as am I. Is there a way to do this?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2022

There are several ways to do this and MANY wrong ways.

A Quit claim deed is one but you need to appropriately record transfer affidavits and report the gift properly. There probably won’t be tax due but depending on how you structure things a return may be due. The rules are complicated...
Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: Do attorneys in a city tend to avoid taking preexisting cases where an attorney has been let ago even if it has been win

winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 28, 2022

I don't have enough information to answer your question, but here are some observations:

1. If both sides accepted case evaluation, then the attorney should not need your permission to proceed to obtain a judgment.

2. If you agreed in mediation to a settlement, then it may...
Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Our neighbor is the owner of a shared easement with us. We maintain. Can I push snow onto their land . .

We maintain the land and have only six feet easement beyond the road at that point in the easement. She shares the easement in that area. Since she benefits and there is no other place to put the snow, if the land I push over the embankment lands on her land is it illegal?

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

Whose land is the easement on? Yours or hers? It sounds from your question that hers is the 'dominant estate' and yours is the subservient one?

If that is the case, then you are moving snow from HER land that you have a right to use, onto HER land, that you don't have a...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can you leave your half of a house in a will or trust with joint ownership? Two people on mortgage and deed?

Can my boyfriend will or trust his half of our joint ownership house to someone? Put his half in a will?

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 20, 2022

No, joint ownership includes survivorship, meaning that the survivor of the joint tenants takes title. A tenant in common could devise or place in trust his interest as a tenant in common.

1 Answer | Asked in Real Estate Law for Michigan on
Q: We own our own home and land. We are in our 80's. What I want to know is what do we have to do to put our daughters name

didn't let me finish to put our daughters name on the place.

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 17, 2022

The simplest way is to execute a quit-claim deed to your daughter as grantee. However, you should consult with an attorney to explore the options available. Do you intend that she own the property outright, immediately? Do you intend to co-own it with her until your death so that she takes title... Read more »

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