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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: If my father died with no will and there are two total children, can I finance his mortgage debt and get the house?

My father recently died and had his previous wills canceled for religious reasons but never redid them. When I went to the bank to inform them that he was deceased, they noticed that I was the beneficiary of the accounts and said that I could finance his balance due for 44K or put a full estate... Read more »

Michael Zamzow
Michael Zamzow answered on Apr 21, 2021

Generally the assets of a decedent must be filed and managed through probate, and it would not likely be permissible to buy the house without probate. Without a will there are statutory rules regarding allocation. This is a situation where you should speak with an attorney to avoid unintentionally... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: all of my property was stolen by the manager of Flint-Stor-All, 3502 Gorey Ave Flint, MI 48506. while i was in Montana

he gave me a 24 hour Eviction notice and took all of my property the next day. i was paid until the end of the month and got there in 2 days to save my property but he said he sold everything already! isnt this considered a burglary?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 18, 2021

Burglary— no.

Perhaps a ‘civil conversion’ or improper lien attachment but without seeing the lease and notice it is hard to say for sure. ...

Bring your paperwork to a Genessee County attorney to review ASAP to determine what if anything you can do and how much it will cost...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Trailer park sold me a mobile home then told me they dont have a title for it what do I do to get the title

They gave me a bill of sale after I paid for it and told me to get an abandoned title from secretary of state the previous owner passed away but they have a son who said he couldn't find the title

Kenneth V Zichi
Kenneth V Zichi answered on Apr 15, 2021

So in essence they sold you something they didn't own ....

Under what authority would YOU have to apply for a lost title? That sounds like something the HEIRS of the previous owner could do, and if the park took an assignment from those heirs something IT might be able to do, but the...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Is there anything, in Michigan, a renter has to sign that states specifically that they’re off of a lease?

I’ve moved my furniture out of the place, returned my keys, and have started the process of returning my deposit. Is there a written agreement in Michigan specifically that is required?

David Soble
David Soble answered on Apr 14, 2021

A lease is a contract. Generally, the parties are bound by the provisions of a signed lease. Turning in the keys is a unilateral step only. Without the landlord's release, you would still be obligated on the contract.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: LLC formed in new york want to use it for a rental property in michigan do I need to obtain a Certificate of Authority
Kenneth V Zichi
Kenneth V Zichi answered on Apr 13, 2021

Yes, but you don’t ‘obtain’ it, you file it with the state’s corporation bureau.

The form is pretty self explanatory, but if you’re going to be renting property in Michigan it makes sense to hire and retain a lawyer in the area of that property to insure you comply with...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Bought trailer on april 2nd and finalized on april 7th now the previous owner refuses to move out until end of may or

June. We are considered over occupancy where we are now. What do we do?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 10, 2021

Without seeing the purchase agreement it is hard to say. When was there supposed to be occupancy? At closing? Within c days of closing? Etc.

Also ‘over occupancy’ is not a term used in Michigan law. What do you mean? You’re ‘holding over’ on a previous lease? Oat one month rent...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: my wife and i live in michigan. we purchase a rental in wisconsin. the deed says we own it as husband and wife.

if one of us dies, does the property have to go through probate court?

David Soble
David Soble answered on Apr 5, 2021

Holding title to a property as "husband and wife" is another way of holding title jointly with the rights of survivorship.

Generally speaking, when one spouse passes, the other will take title to the property immediatey. This all happens without having to go through probate.

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: I'm listed as a resident at an address I've never lived at.

I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... Read more »

David Soble
David Soble answered on Apr 5, 2021

You can try to record an Affidavit of Suspected Fraud related to the property with the Register of Deeds. It would put anyone who was interested in the property on notice that you have no relationship to the home. Additionally, if you have a credit report, notify the credit reporting agencies that... Read more »

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Environmental for Michigan on
Q: Do I have a right to request termination of lease, before my move in date, if landlord is not responding to concerns?

Do I have a right to request termination of lease, before my move in date, if no one is responding to these concerns? I found pests(bedbugs) of what I believe to be an infestation as I was cleaning the unit. I have proof and I’ve contacted the agent and the Property Manager and sent them... Read more »

Michael Zamzow
Michael Zamzow answered on Mar 31, 2021

There's quite a lot of misconception around landlord and tenant laws. The Michigan Landlord Tenant handbook should be easy to find and will have some helpful information in it.

Anytime you break a contract, with a complete defense or not, you're risking retaliation (balance that...
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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan on
Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?
David Soble
David Soble answered on Mar 29, 2021

An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: does 2nd addendum to purchase agreement supersede first addendum?

we have signed agreement to sell house. with addendum including appraisal guarantee - that buyer will pay the difference if appraised price is lower than agree-upon price. 2nd addendum includes other concessions like home warranty. all addenda seem to state clearly that they supersede any conflict... Read more »

David Soble
David Soble answered on Mar 26, 2021

A purchase agreement can have multiple addendums. With each new addendum, the provisions found in the earlier purchase agreement and or addendums will remain unless they are specifically revoked.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a co-op board make changes to a signed and executed proprietary lease with a shareholder Like, allowing subletting?
Michael Zamzow
Michael Zamzow answered on Mar 23, 2021

I think we'll need more information to offer an insight.

Depending on the power of the co-op board, it might be able to dictate certain guidelines, there are sometimes 'reasonable' boundaries, but oftentimes what is ever is written in the bylaws controls.

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for Michigan on
Q: What type of a attorney do I need

I have a 39 year old son who is currently in Rehab, Multiple drug charges, Who thinks that because his name is on my my home, has never paid a dime, expects me to give him the house for him and his girlfriend and her children, he has already aggressively assaulted my daughter over the girlfriend,... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 19, 2021

You may want to contact Adult Protective Services for referrals to community resources - including attorneys - that might help. You will likely either need to force a sale of the home or get him to agree to have his name removed from the home. I'm not sure what you mean by the restraining... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Mom decided to add my name to the deed found out she added my sons name on it so now i need to no which deed is real
Thomas. R. Morris
Thomas. R. Morris answered on Mar 10, 2021

By real, you must mean effective. Find out which deed was recorded with the register of deeds. That will provide a partial answer, but we need more information in order to determine the state of title to the property.

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1 Answer | Asked in Family Law and Real Estate Law for Michigan on
Q: I owned a house before I met my spouse. Does the spouse need to be included in the property management agreement?

Does my spouse have any rights to the house?

Kenneth V Zichi
Kenneth V Zichi answered on Mar 9, 2021

This is a far more complicated question than it might appear at first blush, and it depends a great deal on what your intent is.

For example: IF the spouse does nothing at all to maintain the property or contribute towards it (such as making payments on the mortgage or paying taxes or...
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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: How can I allow my wife to remain in my home until her death & then allow my child from a previous marriage to inherit ?
Kenneth V Zichi
Kenneth V Zichi answered on Mar 4, 2021

Providing a 'life estate' for someone and a 'remainder interest' for a third party is a pretty common thing, and easily done by a qualified licensed attorney in your area.

This is most assuredly NOT a 'DIY' project though unless you are really willing to have...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: can you sue for breach of contract if seller does give the right affidavit of fixture paper .

the paper was recorded wrong back in 1997 and the wont sign a addunmet are contract is over this friday.we waited 3months they have to fix the error then everything is good

Kenneth V Zichi
Kenneth V Zichi answered on Feb 26, 2021

It is unclear what you are asking, but I gather you are talking about a certificate of affixture of a mobile home? There is a state approved form that should be filed with the register of deeds, and it should have been recorded either before or at the time you bought the land. Did you get the... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: can you sue for breach of contract because they didn't get the right affadit of fixture paper are closing contract is
Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

It's difficult to follow exactly what happened from your question. But from a practical standpoint, oftentimes, there are agreements within the purchase agreement or signed during closing that compel both parties to work together to close any gaps discovered after closing. In your case that... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 22, 2021

If she is holding over after a 'legal' lease (whether or not her name is on anything the facts you present make her a 'legal' tenant on a month to month basis at the very least) you DO need to go through an eviction process if she refuses to move out voluntarily.

That...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I want to sell my home without my wife’s signature. The home was purchased in my name, but during the marriage.

I have the title and loan in my name only.

Kenneth V Zichi
Kenneth V Zichi answered on Feb 6, 2021

There is no longer 'dower' under Michigan law so this is possible, but trying to do an 'end run' around a spouse is always dangerous. If there are domestic issues and this leads to divorce, there could be claims made in divorce proceedings that will negatively impact you.... Read more »

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