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Michigan Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law and Elder Law for Michigan on

Q: I'm in MI now. I was Divorced in 4/2011. Got house.

Daughter shows up after 11 yrs, sells home, was POA, and puts me in a HOME! House appraised at $55.000 but conntract states $30,000. Other $25,000 got as unreported CASH which I never saw ANY of money. And didn't need put in a home! Finally moved me to a home in MI . I want back to Kersey and house... Read more »

Kenneth V Zichi answered on Jun 19, 2019

You need to seek out local legal help not the TV news.

Acting under a Po A involves honoring the 'fiduciary duty' to act in the principal's best interest. It sounds like that may not have been what happened here, but without exploring facts that would not be appropriate in a public forum...
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1 Answer | Asked in Real Estate Law for Michigan on

Q: Found Quit Claim Deed Joint Tenants in common from a deceased family member dated 2017 Wayne County MI. File it?

Family listed on the quit claim deed has come together in agreement to sell the property. Concern is that the deed was never filed in court.

David Soble answered on Jun 17, 2019

There is no such thing as joint tenants in common. If the deed was not prepared correctly before a death, it is invalid, regardless if it was filed. Deeds are legal documents that require specific legal la gauge to make proper conveyances of a party's property interest. Failing to have... Read more »

3 Answers | Asked in Real Estate Law for Michigan on

Q: MI property owned by two but title never stated if joint tenants or common. Whats default then?

Vincent Gallo answered on Jun 15, 2019

Responding from a New York perspective, silence the notes tenants in common.

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2 Answers | Asked in Real Estate Law for Michigan on

Q: My mother passed but before she did she quick claimed her home to me can another person quick claim the home after me

Brent T. Geers answered on Jun 12, 2019

Not sure what you're asking, but if you are now the owner, you can quit claim the home to any other person you so choose.

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1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Legal Malpractice for Michigan on

Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?

10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... Read more »

Brent T. Geers answered on Jun 10, 2019

Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on

Q: I am disabled and was given a Notice to Quit on May 29. What are my rights?

There is alot more specific details that go along with this problem. I am on a limited monthly income as well.

Brent T. Geers answered on Jun 2, 2019

Without knowing why you are being evicted, it's hard to say what your defense may be. If you are in a special housing situation (e.g. "Section 8"), you may have some additional protections. Best thing you can do - especially since you say you have limited income - is to take your Notice to Quit to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Michigan on

Q: My mother passed intestate. She left an old mobile home that was never transferred in her name. Am I responsible for it?

It's in a seasonal campground and the park owner wants it renovated, removed or demolished. I want nothing to do with it. Also, the park owner misplaced my mother's lease. Can I take the belongings and walk away?

Trent Harris answered on May 25, 2019

So you’re saying you don’t think there is a certificate of title saying your mother owned the trailer. Or, she leased it and didn’t own it.

If that is truly the case, then the trailer didn’t legally belong to your mother. It would not be property of her estate, but the estate could...
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2 Answers | Asked in Real Estate Law and Probate for Michigan on

Q: Can me and my husband buy his mother's house on a land contract when husband and brother is in her will

Trent Harris answered on May 20, 2019

Yes. Even if mom’s will says the house is supposed to go to husband and brother, assuming she’s mentally competent she can still sell it to you and husband. If she does, then the house would no longer be part of her estate; instead her right to receive land contract payments as land contract... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on

Q: Can a lawyer charge double just because theres two of us?

David Soble answered on May 16, 2019

Your question raises more questions. However, generally speaking, representing multiple parties requires more work, so it will really depend on whether your legal interests are in line with each other or not.

www.ProvenResource.com

1 Answer | Asked in Real Estate Law for Michigan on

Q: Do I have to group a house and additional lot together when remortgaging?

I'm in the process of acquiring my parents home. They remortgaged it in 2004. Now I'm being contacted by someone who is threatening me saying that the title company wants the additional plot of land added with the house. Do I have to listen to him or can I just leave it as is? I've been talking... Read more »

David Soble answered on May 15, 2019

If the additional parcel and it's legal description was included in valuation of the property for the mortgage lender, then it should be included in the mortgage and encumbered by the same. If the title company 'missed" this parcel and this description initially, you may still have to correct this... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Michigan on

Q: Realtor failed to send my signed acceptance of offer b4 deadline and buyer walked. What is my recourse vs the realtor?

David Soble answered on May 9, 2019

You should contact the realtor's broker to register you complaint. That's where you should start. The board of real estate has a grievance procedure as well. If all else fails, you might want to file a complaint with the Michigan's professional licensing division - LARA.

Good luck,...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on

Q: My daughter is always pressed to renew her apt lease 8 months before her lease expires. Can they do that?

She was told she had to sign paperwork in January even though she leases August to August. Now that she has found a house to buy, they said she can’t get out of the lease agreement even though it doesn’t begin until August 2019. She’s been there for many years and she goes through this... Read more »

Bruce Alexander Minnick answered on May 6, 2019

The written lease should specify exactly when it will come up for renewal, as well as what happens if the tenant does not renew at the time designated. Most leases come up for renewal about 60 days before the end date; and some leases will allow tenants to "holdover" after the end date--but only at... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on

Q: Can I end the lease with out my ex having to take over

My ex and I were on a lease together our lease ends may 15 however the complex is refusing to take my name off the lease stating my ex needs to make 3 times the rent and be able to put the apartment in their name. Is this leagal being I have notified the apartment complex that I was moving over 60... Read more »

Bruce Alexander Minnick answered on May 3, 2019

As long as you do not sign any new lease, or sign any extension of the expiring lease, the landlord cannot hold you liable for any rent beyond the May 15 end of the lease.

1 Answer | Asked in Constitutional Law, Consumer Law, Criminal Law and Real Estate Law for Michigan on

Q: Is it illegal for an agent to cash a money order deposit if we have not gotten an approval or keys to the house?

My husband and I met a Realitor who helped us find a house. We gave her a deposit and app fee. We never heard back from the Agent with an approval or denial. We found out that the money order was cashed, and we still have not received keys, approval, or a denial. Is this illegal? Do we have a... Read more »

Trent Harris answered on May 2, 2019

It sounds like you're talking about a Realtor who helped you to find a rental home, as opposed to buying. It may not be illegal for the Realtor to cash the check. The Realtor, whether an agent for the landlord or for you, holds the funds in escrow/trust. But if you have not been approved for the... Read more »

1 Answer | Asked in Real Estate Law for Michigan on

Q: Decease Step Mother Left no will, son name listed as one of the owners. Is my Father liable for the property still?

Her and father married for 18 + years. The house was refinanced and my fathers name was removed and her son and grandson's name is listed.

David Soble answered on Apr 24, 2019

The question becomes "HOW" was your step mother's son left the home? What type of interest did he have on the deed? If your father's name is not listed on the property, what liability are your referring to, that he should have any concern about? Contact a real estate attorney who can review... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on

Q: Where can i find forms for quiet title?

David Soble answered on Apr 23, 2019

There are no forms to quiet title to real estate. A quiet title action is performed by real estate attorneys. To quiet title is to litigate. If you have the time and experience to litigate a matter, and you are a licensed attorney, then you should feel right at home with the courts. Otherwise,... Read more »

2 Answers | Asked in Consumer Law, Divorce and Real Estate Law for Michigan on

Q: Ex wife did not refinance loan for house from divorce and mortgage just increased $10,000 w/o my sig. Is this legal

Ex-wife won the house and all debt associated in the divorce but there wasn't a timeline to refinance written in the agreement. I know she has been able to defer payments/remodify without my signature but this last Jan/Feb the loan balance increased by $10,000 and she bought a brand new camper.... Read more »

Trent Harris answered on Apr 22, 2019

The divorce decree is binding between you and your ex-spouse, and isn’t binding on the mortgage company. So they have the right to continue reporting the loan as yours, until it’s paid in full. That’s the first part.

But the second part is whether the loan documents you signed...
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2 Answers | Asked in Real Estate Law for Michigan on

Q: I just found out that in my dads will he said i would get his house, but now someone else owns it. Could i still get it?

Brent T. Geers answered on Apr 19, 2019

You must first determine how the home was sold into someone else's name if your dad owned it (by a recorded deed) on the day he passed. Is it possible that someone else's name was also on that deed? If so, the house would pass to that person or persons regardless of what the will says.

Was...
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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on

Q: My mother in law bought us a house. Now she wants us to pay her back...

She says to find a house within $65k budget. We did, and there was cash to spare. So she gave us the rest of the money. During the process she kept saying she didn’t want to be part of it because it’s our house and as long as we stay within budget it’s not her business.

We had been... Read more »

Bruce Alexander Minnick answered on Apr 8, 2019

Your mother-in-law has no rights to the property unless her name is on the deed; but that does not mean she will not sue you claiming otherwise.

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2 Answers | Asked in Real Estate Law for Michigan on

Q: Do we HAVE to payback a gift with no documentation?

My MIL offered us money to buy a house. She paid for it, and had us leave her out of all documentation. Then, tells us she took a mortgage out on her own home to give us the money, and wants us to pay it back. We felt trapped and paid payments. Now she is talking about “pulling our house”... Read more »

D. Mathew Blackburn answered on Apr 3, 2019

She could sue for the money back but since there's no mortgage on the property she wouldn't be able to foreclose. She would have to get a judgement first and then try to seize property.

I would gather any documentation that shows the money was a gift or communications where no mention of a...
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