WEEKLY ROUND-UP
Each week we answer 100s of legal questions. These are some of the questions.
Week Of November 30, 2024
QUESTION NO. 1: I believe that my lender has overcharged me when holding back my property taxes for the mortgage escrow account. I recently received a large increase to my monthly mortgage payment, and I was told that this was because the bank failed to collect the required amount up front at the time of my closing on my home. What can I do about this - do I have rights against my lender for being overcharged?
A: All agreements related to real estate that affect real property or parties beyond a year’s time must be in writing. This is known as the Statute of Frauds. Real estate transactions must be in writing. Therefore, your verbal agreement lacks enforceability. Even if you wrote down your agreement, it appears you limited your legal liability to the first year after the sale. However, if you want to do this work, I would be cautious and consult an attorney to verify the buyer’s information. First, be careful not to acknowledge or waive your defenses before contacting the buyer.
QUESTION NO. 2:What is the possibility of me obtaining reimbursement for my son's final funeral expenses? When he passed, his wife stated that he had no insurance and that she had no financial means by which to pay for my son's funeral arrangements. As his father, I paid for all the funeral costs. This totaled about $15,000. I later learned that my son had about $70,000 in his Chase bank account. His wife has not offered to reimburse me for his final expenses and refuses to share any other information with me. I found out that she is getting money from his pension now. There was no will. I believe there is also jointly held property. What is available for me under the law? Can I get my money back? That is all I want. Nothing more.
A: If your daughter-in-law refuses to cooperate, you may still be eligible for reimbursement for advances on your son’s funeral and even final medical bills. You accomplish this by establishing a probate estate. Your attorney will petition the court to make you the personal representative of his estate. As attorneys, we must ascertain whether the assets you mentioned were included in his estate. The ‘title’ of the property determines its disbursement or holding, so your attorney will need to investigate further.
QUESTION NO. 3:I have a judgment for quieting my title. Several years ago, I went to court and won my case against my neighbor. I recently put my home up for sale, and it still shows the old property line on the title and in the legal description. I am furious with the title company and have expressed my disapproval to them. The title company advised me to speak with my attorney, that they cannot advise on the law.
A: First, the title company should have told you that they need to have a certified judgment from the court. Secondly, your title must reflect your judgment. You do this by taking a certified judgment and recording it with the county property records. Unless the court ordered that a new survey be performed (which is advised), the title company should then be able to pick up any changes related to your property and replace the old description.
Week Of November 23, 2024
QUESTION NO. 1: My neighbor has installed extensive landscaping on my lot, which extends beyond my property line by more than 5 feet. He says that before I moved in, my seller treated this area as the property line for over 10 years. He asserts that the property line shown in the survey is incorrect. They have acquired this area of landscaping with the previous owner's consent, so I am at a loss for argument. Are they right?
A: Firstly, I need to understand the seller’s role during the sale of the home. Only personal representatives of an estate are completely exempt under the law from completing the home seller’s disclosure regarding the condition of the property. Homeowners who lived on the property or held it as an investment must complete the form. They are not exempt. Second, if you closed on the home without receiving a seller’s disclosure statement, then you have waived your rights to sue the seller. The seller’s non-disclosure or misleadingness about a home’s defective condition can only be legally maintained if the buyer relied upon the statements of the seller, who knowingly disregarded the truth about a home’s defect, i.e., water leaks, roof issues, etc. Since you did not have a copy of a completed home disclosure statement prior to the sale, it is too late to bring an action against the seller. The lesson here is that buyers should ALWAYS carefully review a seller’s disclosure statement along with their home inspection report BEFORE they close on their home. Seek legal counsel if you do not get clear answers from the seller.
QUESTION NO. 2: I had an inspection done on my new home when I purchased the property. This was over 7 months ago. Now I have water leaking in my basement. When I contacted the seller and the broker, they said that they were exempt from completing a seller disclosure statement and so I have no case. I spent over $300K on this home. What do I do now?
A: First, I would need to know in what capacity the seller had when selling the home. Only personal representatives of an estate are completely exempt under the law from completing the home seller disclosure regarding the condition of a property. Homeowners who lived at the property or held the property as an investment must complete the form. They are not exempt. Second, if you closed on the home without receiving a seller’s disclosure statement, then you have waived your rights to sue the seller. Seller non-disclosure or misleading about a home’s defective condition can only be maintained if the buyer relied upon the statements of the seller, who knowingly disregarded the truth about a home’s defect, i.e., water leaks, roof issues, etc. Since you did not have a copy of a completed home disclosure statement prior to the sale, it is too late to bring an action against the seller.
QUESTION NO. 3: I opened my business over two years ago. I own it in my name, Soley. I have never had a problem but recently received a lawsuit threat from an unhappy customer. The customer is telling me they will go after all of my assets. My question is whether it is too late to form a company for my business, or am I screwed and exposed?
A: It’s never too late to form your company. However, the courts may claw back assets transferred to your new company to avoid paying a judgment under any lawsuit this customer initiated. The biggest advantage of an LLC is limited liability. Personal belongings, such as her home, savings, and car, generally remain safe if a legally formed corporation faces a lawsuit or incurs debt. With certain exceptions, the business’s debts and legal issues stay with the business, not with the individual. Always consult with a business or contracts attorney when handling legal issues for your business affairs.
Week Of November 16, 2024
QUESTION NO. 1: I was selling my building on a land contract. The buyer defaulted by missing the due date for the entire balance, and I obtained a judgment against them. The court's judgment included the entire balance due on that date. Six months later, during the redemption period, they paid off the judgment, and they are now demanding that I provide the deed. Do I need to give them the deed now? What about the per diem interest I've been owed over the past six months, which they failed to pay while the redemption period was running?
A: Your buyer is confused. Your buyer only receives a satisfaction judgment, which prevents you from gaining possession of the property. They may have satisfied the judgment for the eviction/possession; however, this does not pay off the land contract. They must pay the daily interest due under the contract at least from the judgment date to the redemption date. This is why sellers need to have an attorney review their documents before the respective parties sign to ensure a smooth transition in their final real estate conveyance.
QUESTION NO. 2: I believe that I still have an interest in property that belonged to my ex-spouse and myself. My ex-spouse passed away about 3 years ago, and I have never pursued the property. However, his children from a previous marriage reached out to me, informing me that they had sold the property, placed it under contract, and required me to relinquish my interest in it. They require me to contact the title agent and sign certain documents. They refuse to tell me any more. When my ex-spouse passed, he still owed me over $60,000. Am I entitled to this money?
A: We need to review the divorce judgment, understand how your claim of interest was entered against the property, and understand why it continues to appear against the title to the subject property. Contact a real estate attorney to review the information. Title agents are not attorneys and should not provide legal advice. You need to call before you sign anything further.
QUESTION NO. 3: I purchased my home after almost a year of sparring with the seller. Despite encountering several issues with the home's condition during the inspection, I chose to overlook them due to the challenging nature of finding a suitable home and securing an accepted offer in this current market. Now, about 5 months have passed since my closing, and I've discovered issues with the home that the home inspector failed to disclose during our inspection. In fact, the home inspector never identified the items that cause concern, such as water issues. The seller now asserts that since I accepted the property in its original state and disregarded my inspection concerns, I am responsible for resolving the issue on my own. They have no further liability. How can this be fair? Is this legal?
A: A real estate attorney would need to review your compliance documents at the time of purchase as well as the inspection report. We aim to comprehend the defects in the home that you knowingly overlooked, as well as the knowledge your seller had about them when they completed the home seller disclosure statement. An attorney should review all purchase documents before you close your transaction to meet the legal standard of “clear and convincing” for a seller’s “bad faith” action; however, nothing prevents a review of the documents after the sale. It just makes a legal action a bit more difficult.
Week Of November 10, 2024
QUESTION NO. 1: I am the successor trustee to my parents' trust. My younger sister is the primary trustee. The issue is that she fails to take her responsibilities seriously, putting two of my parents' investment properties at risk of tax foreclosure. She consistently fails to make the mortgage payments on time, resulting in additional costs for the trust due to interest and late fees. In short, she ignores my older brother and me when it comes to causing “waste” at the properties. What can my siblings and I do here to get control of the homes? Am I being too pushy here?
A: You have the option to remove her from her role as the primary trustee. To do so, you would need to file pleadings with the probate court and prove your case. Only a probate judge can remove her as a trustee and replace her with you as a successor trustee. You would need to consult a probate attorney and review the trust provisions first.
QUESTION NO. 2: I recently paid off a private mortgage that I had given to a distant cousin approximately 15 years prior. After the payment, I transferred the deed to her. I was recently denied a business line of credit because the bank shows that I own this home, and they say that it throws off my credit ratios. I have repeatedly attempted to contact my cousin to record the deed, but have received no response. The banker advised me to quiet the title, as the property remains under my ownership. What is the correct course of action here?
A: First, ignore the banker about quieting the title. That is not the answer. Second, if you have already received payment, have your attorney issue a new deed to your cousin and record it yourself. Take the recorded copy of the deed to the banker, as you no longer are the owner of record for the property. Good luck!
QUESTION NO. 3: I am in a legal dispute with my tenant, who had a lease option to buy my 5000-square-foot building. The buyer failed to exercise the option on time and did not pay the agreed-upon price. Therefore, I listed the property with a real estate agent and then started my own eviction process to get rid of the buyer. The buyer now is challenging me, saying he has a right to still purchase it. What should I do while I'm waiting for the hearing with the judge? It's scheduled 3 months from now. I want to show the property, but the buyer refuses to let my broker and anyone into the building. What can I do?
A: First, stop referring to this person as the “buyer.” It is important to name the party for what they are: a tenant. Using the wrong legal words in real estate law will create further confusion as to legal capacity. If they have not exercised their option to purchase, then they are merely considered a tenant. Second, make sure you have your own hazard insurance on the property. Do not rely upon the tenant’s insurance, or at the very least, make sure that you are properly named as the first loss payee in the event of a claim. Finally, you must await the court’s decision before showing the property. Waiting for the resolution of the underlying dispute would be a waste of time for both your broker and potential buyer because it is highly unlikely that the tenant will let other interested parties into the property during the dispute.
Week Of November 3, 2024
QUESTION NO. 1: I have a lot next to my lake home that was supposed to be included in the purchase agreement, and I believe that I had this included in my closing papers. Now, nearly a decade later, the city informs me that it is a vacant lot and does not belong to me. I have been paying taxes on it all these years. Upon reviewing the deed, I find that it does not include the legal description for this lot—how can I proceed?
A: Under the Statute of Frauds, all real estate transactions need to be reduced to writing in order to be valid. To have a reasonable expectation of the rights to this lot, we would want to see the purchase agreement or closing package that you executed a decade ago. You might need to initiate a declaratory relief action, also known as quiet title, to secure your ownership of the lot. Paying property taxes for all these years is helpful to your cause, but we need to find where the disconnect was at the time of purchase and closing to see how you were able to own this property.
QUESTION NO. 2: My brother recently passed without a will. He was not married and did not have children. When he passed, he had over 20 investment homes and left no will. He did leave a signed note from 2008 when he was fighting cancer: "If I don't survive this treatment, then I leave my homes to my girlfriend Bridgette." He survived his treatment, beat cancer, and lived until 2023. His girlfriend now says that she owns the properties. Can this be true? Can I challenge her claim?
A: First, Brigette doesn’t have a say as to whether she owns the properties until she takes the “note” in question and submits it to a probate court. Only a probate judge has the authority to determine whether a document functions as a will, serving as evidence of your brother’s final wishes to transfer the properties. Although I haven’t seen the “note,” it appears that the court can initially accept it for filing as a holographic will. This will need to be written in the testator’s handwriting, signed and dated by the decedent, and made without undue influence or constraint. Second, I think Bridgette’s note may not be what she claims. Courts scrutinize holographic wills, and I would argue that the note is instead a conditional gift. Since your brother survived his treatment for another 15 years, the condition is no longer operable. He died without a will, and you have rights under the intestate laws to make your claim to the properties. Consult further with your probate attorney to challenge Bridgette’s claim.
QUESTION NO. 3: My parents never had the deed to their cottage transferred to their trust. My four siblings and I attempted to sell the cottage after my mother's passing, but the title company informed us that the cottage requires probate. My parents lacked a will, and the trust did not name my 'estranged' sister and her husband as beneficiaries. They assert that they have a right to the cottage and are currently expressing their desire to keep it. They want to keep it. How can this be so?
A: Since the cottage never found its way into the trust and there is no will, it would seem that all of your living siblings will inherit the cottage equally, through Michigan’s intestate laws. If this one sister does not wish to sell the cottage, that is her right, and she can hold up your intended sale. Once the probate process concludes, you have the option to initiate a partition action in Circuit Court to enforce the sale. Your sister will then have to either purchase the cottage from the other siblings at fair market value or sell the property on the open market and split the proceeds equally among you.
Week Of October 27, 2024
QUESTION NO. 1: Can we file a lawsuit against the appraisal company for creating a flawed appraisal that resulted in a $20k loss on our home sale? Our home was under contract for $600K, but the appraisal came in at $ 575K. We challenged the results, and the bank increased the value by $5K, still leaving us $20 under the sale price. Four days later, the home next door, which had the same square footage but had fewer upgrades, sold for $625k! Do we have legal recourse against either the realtor or appraiser for the loss?
A: Save your money on lawyer fees. It is highly unlikely that you would succeed in court by suing a licensed professional appraiser for their value opinion, even if it had a negative impact on your sales price. The duty of the appraiser is not to you but to the buyer and to the lender. Banks make their decisions on lending based upon these opinions. However, your purchase agreement should have allowed you to decide whether to sell. Another option would have been to require the buyer to come up with the difference between the appraised value and the agreed-upon purchase price. Finally, you could have disputed the appraisal by having another appraisal. The buyer decides whether to proceed since they are applying for the mortgage.
QUESTION NO. 2: I recently received a letter from the bank, which released their mortgage lien on my home prematurely. I still owe about 120K on the home, but the bank says I owe nothing now. Because of their mistake, can I get another loan or sell my home without paying the bank 120K? My husband appears to believe this is the case and has instructed me not to inform the bank or the title company. Will I face any consequences if the bank discovers this later? It's their mistake, right?
A: Generally, the release of a lien implies full payment of the loan. You say that this statement is incorrect. That this was in error. It seems that there may have been some administrative error. At some point, if the lien was filed incorrectly or released in error, the lender has the option to refile it. However, at this point, you would still owe money on an outstanding loan that is now technically “unsecured.” You did not satisfy the terms of the mortgage, and taking advantage of their error will definitely come back to haunt you.
QUESTION NO. 3: When I bought my house, the title company was my escrow agent. They issued my wife and I title insurance for our new home, but they issued me a quit-claim deed instead of a warranty deed. During the sale, we learned that they purchased the property from a tax sale, and therefore the seller had to pay for a quiet title process. During the legal process, the title company went out of business. Do I need to go to another title company to have them do another title search and issue me a warranty deed? Will this pose a problem when it comes time to sell the property?
A: If your seller prevails in the quiet title action, the purchase agreement, closing paperwork, and policy from the time of sale should enable you to directly approach the title underwriter for your warranty deed. A warranty deed is a superior form of conveyance than a quit-claim deed. A contract between you and the seller should have ordered the warranty deed following the issuance of the judgment. Without an agreement, the seller does not have to replace your current quit-claim deed. I would not have advised a client to accept a quit-claim deed or even close on their sale until the seller obtained their judgment, as this is a very risky proposition until the judge makes a decision on clear title.
Week Of October 20, 2024
QUESTION NO. 1: A real estate broker who was on probation for mishandling funds drew up my deed. Additionally, the notary who drew up my documents had a license, but it expired in 2013 at the time of the deed's signing. The state's licensing department verified all of this information. Does this affect the validity of any of my paperwork or my deed? Is my deed even valid now?
A: First, real estate salespeople shouldn’t be drafting conveyance instruments, such as deeds. Only licensed attorneys can draft deeds for third parties. Regarding the status of “professional standing” and licensing, they may invalidate your transaction. Also, for a deed to be valid, it either has to have the signatures and printed names of two witnesses and notarization, or it needs to be signed in front of a licensed notary. Get to a real estate attorney to review your paperwork.
QUESTION NO. 2: My business partner and I are signing a business promissory note that we will pay the creditor over five years. We are signing the document personally. We do not have a corporation. Do we also need to sign a personal guarantee with the bank as well?
A: When a person signs as a guarantor, they essentially relinquish any claim that they were unaware of the borrower’s default. The lender bears no obligation to notify the guarantor about late payments or unfulfilled contract provisions. The co-signer should be aware of the restrictions. Lenders write commercial loan agreements and financial documents, with most of the language stipulating the lender’s rights against the borrower in the event of default. When you are endorsing the promissory note as individuals, there is no need to sign a guarantee. You are already personally liable for the debt when you sign as individuals. Only when you sign the loan note on behalf of your company do the guarantees apply.
QUESTION NO. 3: About 2 weeks after my wife and I closed on our small restaurant building, I heard from the title company. The title agent stated that they only charged a 5% realtor fee, when it should have been 6%. We must pay another 1%, or they won't record the transfer documents with the county. What should I do? How is this right?
A: All parties involved in the transaction, including the agents of the mortgage companies, real estate companies, and the buyer and seller, must review and approve the fees before closing to ensure no issues arise at the time of signing. But in the end, the real estate listing agreement in either residential or commercial real estate is a contract, and unless it states otherwise, fees due under the contract would be due regardless of the time and date collected. You should still be able to negotiate a lesser fee out of inconvenience, although legally, the sales agent can pursue you for the balance of their commission. It is customary to have your attorney review the closing documents three days prior to a real estate closing to prevent such issues.
Week Of October 13, 2024
QUESTION NO. 1: I took out a business loan for my restaurant. I have been running my restaurant for 6 years now. I am one of the four co-borrowers on the bank's note. One of my partners went through a divorce and has had difficulty making his payments. He went to the bank directly without the rest of us, and he settled for one-quarter of the principal balance on a promissory note. How does that affect my rights with the bank? Do I still have to pay off the entire loan?
A: Under Michigan law, when parties are jointly and severally liable for a debt, each party is individually responsible for the entire obligation. The creditor has the right to pursue all borrowers for the entire debt until they settle it. However, the bank can only collect what is due and owing, reducing the balance due from the remaining three partners by the amount the one partner agreed to pay in his settlement. His failure to pay under the negotiated settlement will come back to haunt you, and mean that you and your remaining partners owe any amount that remains outstanding.
QUESTION NO. 2: After closing on a home equity line for my house, how can I ensure that my contractor completes the "job"? My contractor has not returned to our home to complete the kitchen remodel. We have literally begged them to get the job done, and I get no response. They did take my money though—all of it—up front! This is why I require a home equity loan! Please help!
A: Engage your real estate attorney in the matter. Unless the contractor has legitimate reasons for their delay, getting all of your money back may involve litigation. At first, it seems this is less a legal matter than a lesson on “how not to do business.” You should never pay your contractor in full up front—before they complete the agreed-upon work. Most proper remodeling contracts feature completion thresholds that distribute funds as the work advances. When it comes to large home improvement projects, you should always consider having a real estate and contract attorney review your documents before you sign.
QUESTION NO. 3: In Michigan, can a landlord require tenants to pay rent by automatic transfer? My landlord of 3 years now says that I must comply with his request or he will consider me in default of my lease. Please help me, as I will only pay with a check, and I do not like using the internet for payments. This "requirement" is new and not included in my lease.
A: The written lease provisions prevail. Have an attorney review the lease agreement. While you are disputing their new requirement, the lease agreement may contain a “notice” provision that permits certain changes. Therefore, if he properly notifies you about the new payment method, he could potentially enforce this change against you if you don’t comply.
QUESTION NO. 4: My parents both passed away within a year of each other. I am only 28, and they left me the home in their will. There is still a large mortgage on the home. My uncle, a real estate agent, informed me that I must now sell the home, despite my desire to keep it. That was what my parents would have wanted. I work as a physical therapist and am currently only one month behind in my payments. Can I take over their mortgage loan, or do I have to sell it? Please help me save the house.
A: When it comes to managing a home mortgage after the original borrower dies, federal rules protect heirs to a residential primary residence in important ways. These rules make sure that people who inherit property don’t have to go through foreclosure or pay off the mortgage in full right away. They can remain in the home. You may qualify as a “successor in interest under federal law. Consult with a real estate attorney to see how you may qualify.
Week Of October 5, 2024
QUESTION NO. 1: Can someone build a small house on property that is in our dad's name but is in an estate/probate? Our father passed away 11 years ago, and my mom died 1 year ago. The estate is in probate and currently owns the property. My sister has expressed her desire to build on it. Shouldn't she purchase the other siblings' shares?
A: It will depend on what the Letter of Authority provides—whether the property can be sold or mortgaged during a time that the estate action is open will be determined by the probatecourt. Depending on whether the decedent died intestate, one or more beneficiaries may agree to purchase the property interests of other beneficiaries in an estate, but court approval is typically required when an estate is open.
QUESTION NO. 2: I had a valid claim on a property insurance claim about 6 years ago. Now I want to bring my lawsuit. But the lawyer turned me down, saying that I waited too long. Can he do that?
A: Sometimes hearing the word “NO” can be tough. Unfortunately, our courts are not favorable to those people who sit on their legal rights. “Laches” is a legal doctrine whereby courts can deny relief to a claimant with an otherwise valid claim when the party bringing the claim unreasonably delayed asserting the claim to the detriment of the other party. Avoid doing your own legal work and thinking you can sue whenever you want. You might have a valid claim, but you may have lost your rights to bring it.
QUESTION NO. 3: My daughter and I own a home together. She passed, and I am now told that even though we owned the house jointly, her husband gets her share. I thought my deed said "joint ownership" so why am I not getting the entire ownership to the home? Does it matter that my daughter created the deed?
A: A tenant-in-common is created when real property is transferred to two or more people who are not married to each other, and there is no reference to joint tenancy or right of survivorship—this is the “magic language” needed to create the ownership interest you speak of. Each tenant has the same right to use or occupy the entire property. However, each tenant’s share passes to their estate when they die. To create certain estates, deeds require specific legal language, and it is best to have a real estate attorney draft deeds that have far-reaching legal consequences.
Week Of September 21, 2024
QUESTION NO. 1: I purchased a home on 1 acre that was partitioned off into 40 acres. The township approved the split but never recorded it. We informed the township and the title company multiple times, and we were told to “figure it out amongst yourselves." We are now paying taxes on 40 acres, and the title and deed are incorrect. I have notified the title company and township, and they say, “Have the seller pay you the difference." As a result of this, closing costs increased, and escrow payments were made to cover the 40-acre taxes. Is this something I can take legal action on?
A: First, I would suggest that you ask for a Freedom of Information Act (FOIA) on the minutes of any township meeting or files related to this split. Second, you may be able to seek redress via a declaratory action, but only if you have the necessary supporting documentation (FOIA items) for the previous alleged split. Quite a bit of research needs to be done before you bring a legal action. Real estate litigation firms take hours reviewing real estate forms, surveys and other documentation before they take any legal action.
QUESTION NO. 2: How can I stop a default judgment from being entered against me?
A: With qualified legal help, you can always file a motion with the court to set aside the judgment. Among other things, the court will consider whether you had a valid legal defense, how your conduct created the default, and how the plaintiff in the case will be affected. You have a year to file the motion. Courts do not set aside judgments lightly, so seriously consider hiring an attorney. If you are not sure about setting a judgment aside, I suggest you read about a recent case of musician Sean Combs, who ignored a lawsuit and then had a $100 Million default judgment entered against him. Setting it aside is not as easy as it looks as he has to satisfy the judge that he has satisfied the legal considerations to set the default aside.
QUESTION NO. 3: I want to know if I can recover anything that I got ripped off by a realtor. I gave them $30,000 in cash for a down payment, and now, the receipt for the down payment says $3000 and not $30,000. I went to the closing and I am now told that I am $27,000 short. I felt compelled to sign this agreement -what a mistake!!! What are my rights here?k.
A: Without witnesses, and without a receipt for the amount that you are claiming, it will be quite difficult to prove your statements. In the end, you control your own deal, which means you need to verify all of your documentation even when you are working with a real estate sales agent. You could file a complaint with LARA, the state of Michigan’s regulatory commission. Suing the realtor is an option if you had better evidence of malfeasance. However, it seems from the facts presented that it will be your word against the agent’s word; you need better proof. Also, you should consider using a real estate attorney when you are buying a home or other real estate; it is most people’s largest and most expensive asset that they will ever purchase. Why cut corners and deal with commissioned sales people when there can be financial risks?.
QUESTION NO. 4: I was purchasing a home on land contract from my seller. The contract has 4 years left on it. Well, the seller has passed away. Now the seller's son is claiming that he does not have to honor the contract and will not give me a land contract payoff. He wants the home for himself and has served me with an eviction suit. Can he do this?
A: If you are in compliance with the terms of the land contract, then generally, the heirs of the decedent seller must abide by the terms of the land contract. As property values have increased, I have seen some, but not all, sellers on land contract, motivated to cancel or forfeit out a land contract with a low property sales price relative to today’s market, in favor of obstructing a buyer from paying off their land contract; they seek to claim the higher value of the real estate for themselves. That is why it is important to keep all of your documents and review the provisions of the real estate land contract with a real estate attorney before you sign. As for the seller’s son, an experienced real estate attorney can make them jump through hoops to get to your property. Make sure to contact a real estate attorney immediately so that you don’t lose your rights.
Week Of September 14, 2024
QUESTION NO. 1: Will a court force someone to sign a settlement agreement that is inaccurate and/or incomplete? I feel like I was compelled to enter into a settlement agreement by the judge themself - is this even legal?
A: Generally, the answer is “NO.” No one will force you to endorse a settlement agreement. In fact, at the time of settlement, most courts require that you appear before them, and the judge will ask you under oath if you understand the terms of the settlement agreement and that you voluntarily entered into the agreement. If you have any reservations or concerns, then do not endorse the agreement. Only “You” have the authority to enter into an agreement. If there is a material item that is missing from the agreement that makes it difficult to comply with it at a later date, that should be brought to your attorney’s attention. But having a “change of heart” alone, after you have made a settlement will not excuse you from performing under the agreement.
QUESTION NO. 2: Do I need to have an inspection or investigative report before I lease my property? I just leased a small space for my business and now I am told that the business does not comply with the zonng for the space. I have about $35,000 invested in the build- out already! The landlord says they are not responsible for verifying the 'business use" and therefore I lose my security deposit and owe them all of the rent regardless. Wow! What do I do?
A: A business owner needs to make sure that their business complies with their municipality’s zoning requirements before committing to a location. The more obvious zoning restrictions on a business location may be one that prevents an industrial-based business from locating in a downtown retail space. But other, lesser known restrictions, however, may be those against businesses that are primarily office-based from locating in a retail space; or they may limit retail businesses from locating in an office space. Also, most commercial leases make it the tenant’s responsibility to verify that the space is suitable to their needs. So your landlord may be correct in their position. This is why it is important to consult with a real estate or business attorney before signing such an important and legally binding agreement. They can assist you with doing your due diligence, or “investigation” and then report back to you about your rights.
QUESTION NO. 3: Is an email to my landlord that I am terminating my lease option considered 'legal notice" or do I need to do more to make sure I get my opton money back.
A: Sending an email as a form of ‘written notice’ is not considered legal notice unless the parties to the agreement mutually agree that it serves as sufficient notice. It is how the parties contract their respective rights in a contract that will control. You can basically negotiate anything in a contract, provided that it is not for illegal activity. I write many contracts that say termination notices have to be provided by certified mail only, and then there are notice requirements that are less burdensome. It is all about the client’s preference. On another note, while email correspondence is prevalent in business, important emails dealing with termination or default clauses can get lost in an email, and that is why I discourage any provisions allowing for email notification only.
Week Of September 7, 2024
QUESTION NO. 1: My mom passed away and we inherited her home and both my brother and I are on the deed. I want to sell, but he doesn't. It is highly contentious and he is bullying me. I can't back down but I am lost as what to do. What are my rights to get rid of the home?
A: Generally, in Michigan, when one party wishes to remain the owner of a property but a joint owner wants to sell the property, an action of partition is advisable. This is when both parties cannot work the matter out between themselves. The court orders the sale of the property, and the net proceeds from the sale are divided in accordance with the court orders. In this case, 50/50. This is also going to be dependent upon how the title was taken – meaning that deeds have ‘magic” vesting language that may or may not allow a court to order a 50/50 split. Seek the advice of an experienced real estate attorney.
QUESTION NO. 2: What is the length of time in Michigan to establish adverse possession, and once it's established, does it carry over to new owners? How can I defeat a claim by my neighbor?
A: The adverse possession time frame in Michigan is 15 years. The elements needed to establish adverse possession are: 1) possession under the claim of right or color of title; (2) actual, open, and notorious possession that gives reasonable notice to the true owner; (3) possession that is hostile to the true owner; and, 4) continuous use for the 15 years claimed. Before the 15-year period elapses, the quickest and easiest way to defeat an adverse possession claim is to provide written notice to the other party that they either do or do not have permission to use the property at issue. Your “permission” is key to undermining one of the elements listed above. Make sure you send a certified notice and seek the advise of good real estate counsel.
QUESTION NO. 3: Can I use a private road that runs through a neighbor's property to access my property without permission? I have no other way to get to the main street from my house.
A: You could use it, but you would be considered a trespasser. You may be able to obtain the right to use the “road” through a legal process known as easement by prescription. Similar to adverse possession, you must use a portion of a parcel of land in a manner that is open and obvious to the landowner, and it must be used consistently for a certain number of years. You would need to file an action only after you had a real estate attorney review and opine on all of your documents.
QUESTION NO. 4: The property taxes on my home were uncapped even though I own the home, just with a different entity that I recently formed. What gives? Is this right?
A: Any time there is a transfer of real estate in Michigan, the local property tax assessor is supposed to re-assess (uncap) the real property’s taxable value up to 50% of the real property’s current fair market value. Whether there is an exemption to this rule will be dependent upon the status of the grantor that conveyed the property and their relationship to the grantee. So we would need more information on the entity that you conveyed the property to. Ladybird deeds between close family members would be a good example of a property tax exemption. Seek the advice of real estate counsel before proceeding with a property conveyance.
Week Of August 17, 2024
QUESTION NO. 1: If a man quit claims his property to his brother and then dies, does the man who quit claimed it get it back, or does the original owner get it back?
A: A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee), the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or estates, a real estate attorney should review the deed to see that it was executed properly and that it contains all of the items within the document that will make it legal.
QUESTION NO. 2: When buying a home on a land contract, are payments typically made via an escrow or title company, or would you recommend someone pay the seller directly?
A: It is better to make payments directly to the land contract seller, provided that you make your payments with a check or some other verifiable payment source. Some sellers do not want to collect the payment directly and can designate a bank account or a third party (such as an escrow agent or attorney) to collect the payment. The most important thing you need to know is that when making payments, keep track of the date the payment is made and the amount paid. You can do this on a spreadsheet. You should do this so that later, when you have to pay off the land contract, you have accurate payments and do not have to rely upon the seller’s ‘recollection’ of payments made.
QUESTION NO. 3: Can a management company change the amount due on your rental by raising the pet fee mid-lease?
A: Changing rules and fees mid-lease can only be done if the lease provisions provide for such changes. Leases are contracts that can be negotiated, and so what the parties to the lease agreed to at the onset of their relationship would prevail. The lease should be reviewed by an attorney before signing as you don’t want to be in default of any lease provision and risk losing your security deposit or even worse, occupancy.
Week Of August 10, 2024
QUESTION NO. 1: What can I expect when having a 10 to 15-minute consultation with an attorney?
A: Generally speaking, a free initial consultation does not include a full legal study or advice from the attorney. It’s more important to have a broad understanding of the problem and assess whether legal assistance is necessary. A good and qualified attorney is unlikely to offer a thorough legal strategy, document review, or legal action plan during a free consultation since this would require closer knowledge and investigation of the matter. A free consultation has no hourly charge; it is a cursory overview of your situation in a 10 to 15-minute session.
QUESTION NO. 2: I have a signed loan agreement, and the borrower has moved to Georgia and refuses to acknowledge the debt. What recourse do I have?
A: Sue the debtor for the balance invoking this provision. You don’t have to sue for a judgment in Georgia. You can file in the state in which the contract was executed and where the debtor or lender resides. You have to first obtain a judgment by filing a winning lawsuit. Then you can pursue the debtor. You should also consider the statute of limitations. In general, receipt of the last payment in 2011 may only give you until 2017 to collect. Check your state statutes.
QUESTION NO. 3: Can a landlord tell you what you can do with the yard that comes along with the rental property?
A: The terms of your lease control. What you want to negotiate and what the landlord will agree to are two different things. Maintaining your home during the lease usually falls upon the landlord, but I have seen many leases with yard duties or restrictions in them. It will all depend on what both parties agree to.
QUESTION NO. 4: Should we make a quitclaim deed?
A: A quitclaim deed is one type of deed that can be used to transfer real estate. It is a very easy form to complete. However, while the form may be straightforward, the circumstances surrounding the transaction need to be examined. The grantor of a quit claim makes no representations as to the marketability of the title. They are giving whatever interest they have in the property, which could be nothing, or it could be loaded with liens and other title problems. Accepting a quitclaim for a property means that the grantee agrees to take the property with all the title deficiencies with it. It’s best to have a real estate attorney review the title and understand what you are trying to accomplish by using a QCD. There may be better transfer documents that warrant the quality of the title and keep you from legal trouble at a later date.
Week Of August 4, 2024
QUESTION NO. 1: Can I sell a house while under a land contract? There are a lot of technical items in my land contract that create confusion. How should this work?
A: The land contract terms control, but generally speaking, without a provision that prevents you from doing so, you should be able to sell the property. If there are profits to be made, coordinating this will take professional assistance from a real estate attorney/professional, and it should be done before you request a land contract payoff from your seller. Otherwise, your current land contract seller could take advantage of the situation.
QUESTION NO. 2: My parents have passed away, and the house is paid for. The Quitclaim Deed had the names of my father, my mother, and then my siblings listed on the deed. My father (who was NOT an attorney) purchased the deed from an office supply store. Now the problem is that the deed has us all listed as tenants in common; it never had anyone listed as joint owners. One of my siblings had passed away before my mother's passing. He was married as well. Now all we want to do is sell the property, but my deceased brother's widow claims she has an ownership interest in the property too! Why is this so tough to manage? I dislike my former sister-in-law immensely, and it seems like we now have a nightmare on our hands!
A: Sounds as if this did not have to be so ‘tough’ had there been more legal forethought in the preparation of the deed. So the best thing you can do is to first provide a copy of the Quitclaim Deed (QCD) to a real estate attorney to review. We would need to know the title history after the specific deed you refer to was endorsed. Were there subsequent deeds on title? Was there a will? In all likelihood, your deceased brother’s estate will require a probate for your former sister-in-law to assert her interest. However, from what you are stating, it doesn’t sound as if you will be selling your property soon without an attorney’s assistance. I am sorry to learn of your circumstances, but deeds are legal instruments that have far-reaching legal consequences and should not be completed ‘lightly.’
QUESTION NO. 3: I need to know the statute of limitations for pursuing action against a mortgage company regarding wrongful foreclosure.
A: Generally, challenging the foreclosure should really be brought during the redemption period. Courts have ruled that once the homeowner does not have standing (right to bring an action) to bring an action after the redemption period has expired, there is no longer a mortgage on the property, so there is no further interest. Federal law gives you some remedies through the Federal Consumer Protection Act or Bureau. At the very least, 2 years from the date of the foreclosure sale would seem like the appropriate statute of limitations unless there was fraud committed.
QUESTION NO. 4: I formed a company about 6 years ago. I am a real estate investor. I was sued by a former tenant, and now they are going after me personally, saying I don't have a corporate veil to protect me. What does this mean?
A: Piercing the corporate veil refers to a special instance where the court holds the shareholder or director of a corporation personally liable for the corporation’s debts. Piercing the corporate veil is also known as veil-piercing, disregarding the corporate entity, or lifting the corporate veil and exposing the owner to personal liability. The corporate veil can be lifted, and penalties can be inflicted upon the person representing the company because the owner is not meeting their corporate duties under the law, most likely because they are co-mingling business and personal funds or they are not keeping corporate minutes and procedures. They treat their company as a personal asset, hiding behind it for liability protection, but it really is just their ‘alter ego,’ and the owner is not doing anything in furtherance of their corporate responsibilities. You need to consult with your business attorney immediately to avoid potential personal liability.
Week Of July 20, 2024
QUESTION NO. 1: In an after-foreclosure redemption, do you have to pay the mortgage company anything or just buy the property back?
A: After the redemption period expires, if you wish to purchase the property back, you need to approach the foreclosing lender or the investor who purchased the sheriff’s deed at the sale. It is not automatic. Your rights have been extinguished. If the investor wants to sell the home back to you, you will need to negotiate the price and terms. Otherwise, prepare for an eviction.
QUESTION NO. 2: Is it a requirement for the seller of a property to disclose that the home they are selling needs flood insurance?
A: If you are in a flood zone, it should be disclosed. Moreover, if the buyer obtains financing with a government backed loan such as FHA or VA, the underwriter will require a flood certification. The buyer will know eventually. In a conventional or alternative loan transaction, where the flood certification is not usually performed, I recommend that buyers have a flood certification so that there are no surprises later as flood insurance is expensive to obtain.
QUESTION NO. 3: Can I have my mother sign a quitclaim deed for a house that is owned by both my parents over to me? My dad has dementia, and my mom has power of attorney over him.
A: Generally, the power of attorney must address the right to deed that specific property. In Michigan, the power of attorney must be filed with the county in which the property sits. It is also best to have a third party witness the signing of the deed, since at a later date, if you have other siblings interested in the home, they may contest the legal sufficiency of the transaction.
QUESTION NO. 4: I am about to be sued by my former business partner regarding a former business contract gone bad. Now I am told that I can't sell my house to my adult son because of this pending lawsuit. Is there something wrong with this? Why is this a problem?
A: I don’t recommend selling your home to a third party if the home is somehow involved with the business. Normally when real estate is involved in litigation, it is considered a fraudulent transfer in anticipation of litigation, if you sell the home to get it out of your name and avoid judgement creditors. If challenged, it can be undone by the court and you could be held in contempt of court. So, it could be argued that as long as there is a different intent behind why you are transfering the home, then it is not a fraudulent transfer. However, if there is any relationship between the home and the business agreement, then I would advise against it.
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Week Of July 13, 2024
QUESTION NO. 1: How long do I have to wait before I can sell a property (get clear title) after a Land Contract Forfeiture?
A: You have to wait until the 90-day redemption period is over. You could have the court declare the property abandoned, however, depending on how far along you are in the redemption period, it may not be cost-effective. A court hearing might be scheduled soon before the redemption has expired anyway. You do have the right to inspect and protect your property during the redemption. As for selling the property, there isn’t a title company that I am aware of that will insure the title when the property is still in redemption. A way to close it would be to have the land contract buyer provide you with a quit claim deed, canceling any further property interest.
QUESTION NO. 2: What are the next steps we should take, as landlords, now that our tenant has left a bunch of her personal items, but hasn't moved out of our condo on her move-out date?
A: You should photograph the tenant’s personal items, set them in a safe place, and send a notice to any forwarding address in the event that she claims she is coming back to pick up the items. You have the right to secure and repair anything in the unit, but again, photograph any ‘before and after’ repairs and deduct the costs from her security deposit. You need to exercise caution because landlord – tenant law can get tricky, and you do not want to get into a situation whereby the tenant accuses you of “Lock-Out,” which has significant damage penalties for a wayward landlord.
QUESTION NO. 3: For almost 10 years, we have been paying taxes on an additional 3 acres because the land survey done by the seller to divide the original acreage was not prepared correctly. Several documents are in conflict with others who are now laying claim to these additional acres. I talked to my lender, and they want another appraisal that could affect mortgage rates and the home value. I am so upset because of the cost of additional money, and the waste of my time on this process, which is no fault of my own. What are my rights as the homeowner for the last 9 years? What are my obligations? What are my options? I have spoken with my lender, the assessor, my title agent, a criminal attorney, a title attorney - help!!
A: You first need to limit your options and consult with a Real Estate Attorney. This is not an easy situation to unwind if you have a mortgage securing the additional acres. However, it can be done if the additional acreage did not add any significant value to the home. (Usually a home is appraised on the first 5 acres.) You should definitely have a competent real estate attorney (not a criminal attorney or a personal injury attorney—a real estate attorney) review the papers before you do or concede anything to any “claimants” about this property.
Week Of July 6, 2024
QUESTION NO. 1: I have a bank line of credit that is a lien on the property. I took it out about 85 days before I sold my home and at the closing, the title agent missed the loan payoff on this lien and paid me directly instead. Now 6 months after we closed, the buyer of my home says that the credit line lien still shows on their title and has not been paid off. Whose fault is this really? Am I as the seller responsible to pay this off, even though the title agent missed it? Isn't that what title insurance is for?
“A: Sure, the title agent will be responsible to the buyer to clear the lien by paying off your line of credit. Then, the title company will soon be coming after you with a lawsuit. If you knew of the credit line and failed to disclose it to the agent, you will be held legally accountable. They will rightfully want the money back from the additional proceeds disbursed to you at closing. Do the right thing.
QUESTION NO. 2: Can my ex-spouse remove my name off of a home title or mortgage without my signature? She says the title agent allowed the transaction to move forward without me.
A: That sounds unusual and I would need to know more, but generally, a judgment for divorce or an outstanding and valid power of attorney can both work to allow the transfer of title without your signature. A title underwriter can look to the filed divorce decree to make that decision without your further involvement.
QUESTION NO. 3: My landlord lost the home I rented from her to foreclosure. Do I have to still pay the landlord? She claims I still have to pay on the lease even though she is in redemption.
A: From your fact pattern, it sounds like you are saying she lost the property to ‘tax foreclosure.’ If this is the case, she no longer has an interest in the property and can’t evict. However, if the landlord still has her interest in the property (she may have been given the right to still redeem the property tax delinquency in Wayne County) then this will not negate your obligation to the landlord under the lease.
QUESTION NO. 4: What do I do when I have a garnishment?
A: Depending on the amount of the balance owed, it is very possible to negotiate a settlement even though you have a judgment against you. Seek professional assistance to do it the proper way. You may be able to get the interest waived or reduced. Additionally, you may be able go back into court and request an instalment payment arrangement if the creditor refuses to cooperate with you.
Week Of June 29, 2024
QUESTION NO. 1: Can the home seller sue me as a purchaser for filing a claim of interest on their property for slander of title? We now have a disagreement about the purchase agreement and I refuse to close until our problem is resolved. But I don't want the seller to be able to sell to anyone else until this issue is resolved with or without the court's involvement. What should I do?
“A: This is a very sensitive area of law and one must tread lightly under the law or face huge financial and legal consequences. To prove slander of title under the common law, a claimant “must show falsity, malice, and special damages, i.e., that the defendant maliciously published false statements that disparaged a plaintiff’s right in property, causing special damages.” Federal Nat Mortg Ass ’n v Lagoons Forest Condo Ass ’n, 305 Mich App 258, 269-70; The aggrieved party must show that a claimant must “knowingly file an invalid lien with the intent to cause the plaintiff injury.” Michigan Nat Bank & Trust Co v Morren, 194 Mich App 407, (1992) To show malice, one must show either express malice,” which “implies a desire or intention to injure,” or implied malice,” which means “a wrongful act, done intentionally, without just cause or excuse…” Glieberman v Glieberman v Fine, 248 Mich 8, (1929). Malice cannot be proven if the claim “was asserted in good faith, upon probable cause, or was prompted by a reasonable belief that [the opposing party] had rights in the real estate in question…” Id. So having an interest in the property by way of a purchase agreement, is a valid reason to file a claim, however, there is ONE caveat, and that is the purchase agreement must state that the buyer has the right to file this claim. Otherwise, to assert an interest in a property and have a legal right to the property, one has to file an action in court requesting declaratory relief, asking the court to award the property to the aggreived party.
QUESTION NO. 2: I am reviewing the closing documents and noticed that on the warranty deed, beside our names (my husband and mine) appears 'married'. We want to hold the title as joint tenants with the full rights of survivors. Will this work for us?
A: Generally, in Michigan, stating ‘Married’ in the warranty deed will have the same legal effect as having a joint tenancy with rights of survivorship. Deeds contain “magic” legal language, and if the vesting clause (how grantees receive title) is not appropriate for the grantee’s circumstances, then it is important to speak up right away, contact a real estate attorney. Do not complete the transaction until you know for certain that the vesting language is how you wish to hold title.
QUESTION NO. 3: Do I have the right to get my deposit back from the landlord if I never signed the lease?
A: Highly unlikely. Without anything in writing, the landlord could claim that you paid a non-refundable fee to hold the unit. This is why people need to reduce their agreements to writing, especially in real estate. You could still go to small claims court.
QUESTION NO. 4: We have an interesting situation on my step-dad's home. Right before he died, he deeded the house to my step-brother who only recently moved back into town, and into my step-dad's home two weeks before our step-dad's death from cancer. Originally, the home was in his will and was supposed to be split evenly among all 5 children. Is there anyway that we are able to put a lien of interest on the home to make sure that this step-brother does not sell the home and keep all the money for himself? The will was created to avoid the probate process and now we feel duped! Please help!
A: There is a rebuttable presumption against the conveyance or transfer of the home to your step-brother since he may have had what is known as ‘undue influence’ over your step-dad. He has to prove that your step-dad freely gave the property willingly over to your step-brother in the last weeks of his life, where he may have felt vulnerable. It is his burden to prove this. Unfortunately, you have to go to probate court to assert a civil action against your step-brother. Just so you know, there were other means to protect your step-dad’s property from this situation and it did not involve having a will. Consult with a real estate or probate attorney on this matter further.
Week Of June 15, 2024
QUESTION NO. 1: I am having major surgery close to the time of the closing of my home. My husband says not to worry, but I am concerned that I may not be well enough to go to close on the home. The real estate agent suggested that I 'pre-sign' closing documents. Is this an option?
A: First, you should definitely consider a durable power of attorney specifically drafted for your real estate transaction. In fact, property law will require a specific power of attorney to name this property, if you are incapable of signing documents yourself because of your medical condition. Pre-signing closing documents is a bad choice and not recommended, because real estate transactions and related documents change frequently, even at the closing itself. See your attorney to have a specific power of attorney drafted.
QUESTION NO. 2: My former seller did not tell me of the house's foundation problem. Now my home basement has major water issues. I want to file a lawsuit - but do I still have to fix the issue - or should I wait for the outcome of the lawsuit?
A: You should still try to fix the foundation problem during the time that you are pursuing a legal action. This is kno wn as “mitigating your damages.” The law requires that a party who has experienced a loss or harm take reasonable steps to decrease the extent of their losses rather than sitting back and letting the losses pile up. This theory applies to a wide range of legal issues, and is especially prevalent in property damage claims.
QUESTION NO. 3: My father is buying a home on a land contract. He has not yet paid it off and now he wants to quitclaim the deed on the property to me so that I can get a mortgage and pay off the land contract seller. What kind of deed should he give me? Is this legal?
A: First, your father should give you an assignment of the land contract provided that the land contract terms allow for an buyer’s assignmen t. Most Land Contracts wi ll have favor rable terms for the seller to be able to assign their i nterests, but this is not typical for buyers. Second, a deed is worthless as your father does not have a title in his name. It is still with the seller. A deed (quitclaim preferably) would do very little at this time. Finally, a lender will most likely require that you should be on title for at least 12 months before you could finance the property in your name. Get the seller to approve the assignment of the land contract in your name as buyer, and make verifiable payments under the land contract for 12 months, then you can get a valid deed upon the payoff.
QUESTION NO. 4: I just closed on a commercial property. I went through a title company and the cost of the title policy is a fortune! Why can't I just rely upon my Seller's warranty deed to protect me against third party claims against the property?
A: You can decide to just take the Seller’s warranty deed, which warrants to the buyer that the seller guarantees their title is clear. However, in the event that you need to actually call upon the Seller to make good on their guarantee, who is going to reimburse you for the significant monetary costs for defending a lawsuit ? The title insurance is the policy that pays for the legal costs when going to court to enforce your claim. The cost -benefit analysis cannot be emphasised enough – pay for a title policy. So many things can go wrong in real estate, and having this insurance is invaluable.
Week Of June 8, 2024
QUESTION NO. 1: My husband and I have been buying a home on land contract. The Seller passed away and his daughter sold the land contract to an investor. The investor has told me that the land contract is now due simply because he is the new owner and because "he says so!" What can we do here as we have a lot of money invested in this home?
A: First, you should know that unless the land contract prevents a party from assigning over a contract to another party, then the assignment itself is valid assuming you are also notified of the assignment. Secondly, the new assignee to the land contract will need to honor the terms of the land contract. The only time a balance is due under a land contract is where a buyer’s default exists, or where there is a balloon payment due. So, which one is it then? If it is neither, the new assignee of the land contract cannot now call the land contract due simply because he is the new assignee and where the buyer is in compliance with its payment terms and other provisions.
QUESTION NO. 2: I had a joint mortgage with my ex-wife. I was bought out for $40,000 (my half of equity) but she won't take my name off the deed. What do I do as I have my own primary home and I cannot claim a principle tax exemption on it while my name is on the other property?
A: Your next legal steps will be dependent on the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement, to remove your name from the home. Additionally, you may want to bring a copy of the divorce decree to your tax assessor, who may be able give you the exemption nonetheless. You can only have one principal residence at a time and so the exemption is available for only one of the properties.
QUESTION NO. 3: Is it legal for a realtor in Michigan to give their entire commission to the buyer at closing?
A: Yes, it is legal. Realtors can credit or reduce their commission to the buyer or even seller in a closing to cover closing costs. This should not be confused with a real estate agent sharing their commission with an unlicensed person, which is illegal. Also, ‘kickbacks’ are a violation under federal law (ReSPA). For instance, a title company cannot pay the realtor a fee for referring a seller or buyer. Still, this would be different than a title company reducing or waiving their closing fee for a buyer or seller.
QUESTION NO. 4: Is it effective to email a 'breach in contract' letter to a car dealership?
A: Certified mail or certificate of mailing is the best way to prove that you provided notice to another party of a legal concern. More importantly, you always have to refer to the notice provisions of the contract. Even if you could prove that your email was sent and received, if the contract required you to provide notice through another method, it will be unlikely that you can prevail on the argument that you provided valid notice.
Week Of May 25, 2024
QUESTION NO. 1: My sister and I inherited a family home several years ago as joint tenants with survivorship rights. She does nothing to help with the upkeep of the home. I prefer to sell it than deal with her. She refuses. What are my legal rights when my sister refuses to sell our house?
QUESTION NO. 2: What is the definition of Dedicated Private Road? I recently learned that my County does not maintain the road between several adjoining properties and my neighbor refuses to help pay for some major repairs to the road.
QUESTION NO. 3: My ex-husband forged my signature on the bank loan paperwork so that he could get a lower interest rate on the mortgage. What should I do?
Week Of May 19, 2024
QUESTION NO. 1: What are my rights regarding the location of survey lines and easements? I am purchasing a home with a large and long driveway. I have been told by my seller's neighbor that my seller and the land owner who owns land towards the front of the road, essentially blocking the seller's access to the road, fight about the seller's access to the road all of the time. It seems that the land I am purchasing does not have clear access to the road. When I asked the seller, he showed me the property lines and said that on his own, he changed the legal description to make sure that his proparety has an easement to the road. He said 'not to worry.' Is this legal? I am so confused!
QUESTION NO. 2: I took an installment loan with a lending company. I learned that they don't have a license with our state or agency that regulates lenders. Is the loan that I took valid?
QUESTION NO. 3: Which is the best way to convey a property through a deed. I did not know of all the types of deeds before dealing with this buyer. What is better, to have a quit claim deed or warranty deed? My buyer insists on taking title with a warranty deed and not a quit claim deed. Which is a better deed to give?
Week Of May 11, 2024
QUESTION NO. 1: Do you think it is a good idea to purchase a "turn key" investment home without having an inspection first? I live in Georgia and a friend told me about a great deal in Michigan. But I have to 'act fast!' I told my agent - who happens to have become a friend - that I need a week to decide. She is pushing me to close and says I can trust her experience and that there is no time to wait! Oh, it is only my money that we would be using." What do you think?
QUESTION NO. 2: I received a notice from the tax assessor that they are increasing my property taxes based upon the sales value of a 4 unit building purchased late last year. I filled out the principal tax exemption for my LLC when we purchased the property, and I do not understand why my taxes have now become uncapped. The assessor suggested I contact a real estate attorney instead of 'wasting her time." What gives here?
QUESTION NO. 3: I bought a house on a land contract with the intent on using it as an investment property. The previous owner let the occupancy permit expire and repairs were never complete. So now I have been told that I have to bring this property up to code or move the current tenants out of the property because of the lack of permit. Is this correct? Does it make a difference if I purchased the home under a land contract? What can I do?
QUESTION NO. 4: What can I do to ensure an overpayment on a garnishment is returned?
QUESTION NO. 5: How to write an LLC resolution and/or meeting minutes to appoint a non-member as its authorized signer for real estate deals?
Week Of May 4, 2024
QUESTION NO. 1: Can I fight a "quit claim deed" if I didn't know what I was signing? I feel that I was tricked by my mom and my siblings into signing this deed. I thought it was related to probate issue with my dad's will. Now I learned that I signed off on my rights to the house! Can I challenge this? My sister says not to worry and that I will be 'taken care of when the home sells."
QUESTION NO. 2: Can we sell our home to someone who the Realtor showed the house to if the Realtor never followed up with them? The 'buyer' says that they made several offers that we never received! We were as surprised as the buyer that the realtor just 'flaked out" and has not returned calls to either of us? I want this home sold and I don't think I should wait. What do you say?
QUESTION NO. 3: What are the consequences for allowing a plot of land to go into foreclosure by not paying property taxes?
Week Of April 27, 2024
QUESTION NO. 1: I invest in real estate. Why was my home insurance claim denied on my investment property? I paid the premium, and was never late. We had a house fire and the tenant's items as well as my home have been destroyed. Now the insurance claims adjuster says I had the wrong policy and will not pay on the claim - what gives? I never had these issues when I lived at the house!!
QUESTION NO. 2: Will the Conveyance of a Deed in lieu of foreclosure to my lender have the same effect as a foreclosure when it concerns junior liens and mortgages? Could this including a Homeowners' Association (HOA) lien?
QUESTION NO. 3: My husband and I cosigned for my mother and now we are getting divorced. We don't want to buy my ex-husband out since he is the one who left the property. The mortgage has been paid by only me and my mother. What should I do?
QUESTION NO. 4.: If I can't get a hold of my landlord because they disconnected their phone, should I withhold rent for my last month of payments?
Week Of April 20, 2024
QUESTION NO. 1: I had a divorce about 7 years ago. My ex-spouse's name still shows up on the mortgage and this makes me angry! I have called the bank repeatedly about removing their name from my mortgage (I was awarded the home) but the bank continues to ignore my request. I have spent hours on this and I still am not any further along with this? What can I do - I am exhausted by this?!
QUESTION NO. 2: My father died leaving his house to his three children in the will. One of my siblings has passed on during the probate of my father's estate. Do we need permission from the beneficiaries of the deceased to sell the house?
QUESTION NO. 3: When is it considered harassment from a bill collector? My mortgage company keeps calling me - day and night - for payment on a tax escrow.
QUESTION NO. 4: My mom and brother bought a condo together. My brother passed shortly after and before the deed was received. Is the deed now void because it was not delivered before his death? Can it be legally amended, to include me?
A: For a deed to be valid, it has to be accepted or delivered. Your brother and mother received title as tenants in common when they purchased the condo. So his estate has a 50% interest in the property. Unless he has made a will, his interest will be need to be probated and the rules of intestacy will prevail. Who gets his interest will depend upon his direct relationships and whether he was married or not.
Week Of April 6, 2024
QUESTION NO. 1: I made a cash offer to the Seller to purchase their home. This cash offer helped me beat out other prospective buyers (14 other offers I am told). Now, about 2 weeks into the deal, I asked the Seller if they would consider me getting a mortgage on the home. Their Agent yelled at me and claimed that I breached the contract and is cancelling our agreement! Can they do that? I just asked!
QUESTION NO. 2: Can we sue the seller of our new house, as of 2 weeks, to pay for repair of a flooded backyard?
QUESTION NO. 3: Can I sign a lease for someone else because their credit did not go through even though this person will be paying the rent?
QUESTION NO. 4: We had an offer put on our house. I felt pressured to accept the offer but my wife did not sign it. Both of us are on the deed. Are we still bound to sell the house even though she did not sign?
Week Of March 30, 2024
QUESTION NO. 1: The sellers of our home replaced the septic field about 5 years ago, they damaged the sprinklers (cost $2750) before we closed on our home (without disclosing that). The real problem we have is that the field is not entirely on our property and goes over into our neighbors. Our seller learned when they did their septic field repairs. Now the neighbor is complaining an threatening to sue us over the encroachment. Do we have recourse against our former seller?
QUESTION NO. 2: Is there anything a renter on a commercial lease has to sign that states specifically that they’re off of a lease? Is there a written agreement in Michigan specifically that is required? My commercial lease has 4 years left on it, and my business partner and I are ending our relationship. I am the one who is leaving. Am I still responsible on the Lease?
QUESTION NO. 3: What are some things you wish you as a real estate attorney would have included in an investor purchase agreement that involve underlying tenants that later has became a problematic?
Week Of March 16, 2024
QUESTION NO. 1: If you give your renter permission to put up a privacy fence, can they tear it down when they leave? The tenants have a dog and our chain link fence at the property couldn’t hold their dog in so they asked to put in their fence. We never had an agreement to take money off the rent or anything. I am just wondering if they can tear it down? If so, doesn’t our chain link fence remain with the property?
QUESTION NO. 2: What type of lawyer could help me with challenging my mortgage lender's billing statements? The tax and insurance escrow is completely wrong and no one at the mortgage bank will get back to me to correct the issue.
QUESTION NO. 3: My grandmother recently passed away. I lived with her and she had told me that I would receive the home. She did not have a will. How do we transfer the deed into my name?
Week Of March 9, 2024
QUESTION NO. 1: My home seller failed to disclose issues related to the basement foundation. I learned about water issues after about 6 months of living in my new home. But it took several months for me to get the estimates from several different contractors. Now, I went to a real estate attorney who said the time for me to bring my action has expired! I thought that I had 3 years to sue the seller on the fraud. Why would it only be one year?
QUESTION NO. 2: I hold a real estate license and it's escrowed with a broker here in Michigan. Can I sell my own home FSBO ("For Sale By Owner").
QUESTION NO. 3: My girlfriend and I own two properties together; she lives in one; I live in another. Can we both get our homes separate homestead exemption? Both houses are in the same city in Michigan. We own them as joint tenants in common with the right of survivorship.
QUESTION NO. 4: What are my options if a licensed demolition company tries to put lien on my property? I had my property demolished recently and post-demolition the contractor is asking for more money than the agreed amount stating that the city inspections had them fix the approach to the garage as it was broken. We had gone back and forth over emails and texts as whose fault it is, with the contractor stating that it was broken before work started. I have pictures that my neighbor took that show they had excavators going into that area. I only paid the agreed amount after the city said the work was complete (which is why I chose a contractor to do the work per city ordinances). The owner of the company is threatening now to put a Lien on the property and sell it to recover the additional cost of fixing the approach. What are my options now? Am I going to lose my property?
Week Of March 2, 2024
QUESTION NO. 1: My ex-spouse is on the deed and the mortgage is in my name alone. I bought the house prior to us being married. Per our divorce degree, I agreed to pay the house until my last child was 18 years of age at which point I plan on retiring. What can I do to make sure I don’t have to pay any more?
QUESTION NO. 2: In what ways does an attorney charge for their legal fees?
QUESTION NO. 3: Who receives the judgment or settlement in a wrongful death suit in Michigan? I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother. There is the home in my deceased father's name besides the settlement funds. My father died without a will, but if my mother will receive the proceeds from any settlement, and the house, then I'm not going to bother with it. Also, would I need to be executor of his estate to file?
Week Of February 25, 2024
QUESTION NO. 1: I live in a property owned by my aunt that I pay her for. My aunt’s and my mom's names are on the house. They have been delinquent in taxes since 2021. I received a foreclosure notice from their County in Michigan. I paid all of the delinquent taxes for the property in August 2023. The aunt is now trying to force us to move out and sell the house. What rights do I have since I paid all of the delinquent property taxes? I read that since I paid it I’m entitled to claim ownership of the property since the aunt refuses to pay me back for the back taxes.
QUESTION NO. 2: In what ways does an attorney charge for their legal fees?
QUESTION NO. 3: A title company called to ask me to sign a quit claim deed for some land that I was going to buy last year. I didn't buy it. Seems that my name is on the title, but I canceled the sale before putting any money down. Does this mean I own the land now? If I sign the deed, will I be somehow punished in the future for taxes or something else?
Week Of February 17, 2024
QUESTION NO. 1: On advice of my 'real estate guru," I acted as a co-signer for my business partner's investment home loan. Now I want to obtain my own residence and the lender has a problem with me being a co-signor on another home. Now I come to find out that my partner is behind on their mortgage. The "guru' said that my acting as a co-signor wouldn't hurt my credit or finances. My mortgage banker is telling me otherwise. What do I need to do in order to remove my name from my business partner's mortgage?
QUESTION NO. 2: Can you explain in layman's terms MCL 207.526 section 6 (real estate transfer tax). 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. Does the law give me tax relief?
QUESTION NO. 3: I just purchased a newly constructed home. The Builder is not responding to the problems that I am recently having with the home, such as the roof leaking, the basement drains clog, and the outside grade is bad. What do I do and who do I call if the builder continues to ignore me?
Week Of February 10, 2024
QUESTION NO. 1: My family has been fighing over a large duplex that we purchased for a business partnership. During the purchase agreement and prior to the closing, one of my siblings passed away, but his portion of the purchase price has been sitting with the title agent. Now we are prepared to close and the title company will not apply the monies held in esrow to close without his signature. What are we to do? Could we have done more?
QUESTION NO. 2: I just found out my land contract seller never signed our proposed land contract after telling me that he did. I have texts from him confirming this is so. But now he's trying to take possession of the property (I am only a month behind) and is trying to say that this agreement was a verbal lease, and now started an eviction action. What rights do I have?
QUESTION NO. 3: The seller lied in their disclosure by saying that the home basement didn’t flood. We relied upon the disclosure and did not have an inspection. Are we prevented from seeking damages in court for the seller's fraud?
QUESTION NO. 4: Are deadbolt Anti-Intrusion devices legally allowed to be used by the renter of a house? I am currently renting in Michigan and am having problems with the property manager. I placed an Anti-Intrusion device over the deadbolt of my door, for added security while at home. The manager is telling me this goes against my lease agreement, as per a rule stating that locks cannot be changed/ altered. The locks are still the original form when I moved in, and the manager and property group have a key to enter. The device placed over the lock only prevents someone entering while I am home (specifically at night), and cannot be used while away, as it has to be used from the inside of the house. Does my property manager have any right in telling me to remove the aforementioned device?
Week Of February 3, 2024
QUESTION NO. 1: The neighbor's dead tree fell on my daughter's car, completely destroying her sunroof and back window. The tree was dying and neglected by the neighbor, causing it to snap off and fall. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.
QUESTION NO. 2: If I break my one-year lease agreement with four months remaining on the lease, and then my current landlord decides to move back into the home, is it considered subleasing? Would I still be held liable to pay the remaining months rent?
QUESTION NO. 3: I'm paying my land contract off early and the seller says that I missed 4 payments and extended my contract 4 months longer to make up for the late payments? Can they do that? They are not the original sellers, but the original sellers passed away and the son says that he has hand written notes saying I missed 4 pymts. Can the seller make change without a new contract or signatures?
Week Of January 27, 2024
QUESTION: NO. 1: My mortgage broker told me that my FHA mortgage cannot be assumed by my prospective buyer, even though the papers say it is 'assumable.' What can I do here? Is he right?
A. He is partially right. FHA and other government-backed mortgages may be assumable, with “may” being the operative word. The language in your mortgage actually states “If you sell or transfer this property to another person, your lender will allow, under certain conditions, this person to assume this loan on the original terms.” This means that your propective buyer has to actually qualify for the assumption using the lending guidelines at the time of the request. Assumption of a loan is NOT automatic. |
QUESTION NO. 2: If I, as a land contract seller, don't want to make the direct monthly mortgage payments to my bank, can I instead have the buyer contact the mortgage company and directly pay the mortgage payment? What is the best way to do this?
QUESTION NO. 3: When purchasing land in Wayne County, MI, does one have to use a preferred title company of seller's choice, or any can any title company? Part of an advertisement states that buyers have the option to use a certain title company in conjunction with proceeding with sale of real property. If the buyer of the sale chooses to use a different title company, not the one recommended, what's the process for ensuring inclusion of different party?
Week Of January 15, 2024
QUESTION NO. 1: Recently an investor gave me a cash deposit of $6500 to purchase my property. No written contract was signed and no receipt was given. A month later he called me to cancel the deal. Do I have to give the money back?
A: Without a written purchase agreement, you do not have a valid contact. Real estate transactions, especially those dealing with purchases, need to be in writing pursuant to the Statute of Frauds. My suggestion is that you return the deposit. Based upon your facts, you haven’t even detailed the terms of how the deposit was to be treated. Questions remain as to when the deposit was to be credited to your proposed buyer or what bank or title company was holding the deposit. What other contingencies affect the deposit? Without written detail this ‘transaction’ is difficult to enforce. Hence, the need for a written document with specific provisions to guide the parties to a closing.
QUESTION NO. 2: My mother was supposed to leave our family home to me, but after she died, I learned that the home was deeded to her ex husband, my step father, who I have no great love for. How can that be? I saw the deed to me and it was dated over 5 years prior to the deed to my step dad. I did everything for my mother. How can her deed be cancelled out and a new and later deed give the home to my step dad?
QUESTION NO. 3: I purchased a property through the county foreclosure auction. I want to secure the home and kick out the resident there. The home looks abandoned now - will that allow me to just go in and secure the home?
Week Of January 6, 2024
QUESTION: NO. 1: Recently an investor gave me a cash deposit of $6500 to purchase my property. No written contract was signed and no receipt was given. A month later he called me to cancel the deal. Do I have to give the money back?
QUESTION NO. 2: When I went to court to enforce my land contract against my buyer for non payment, the court dismissed my case outright stating that my land contract does not provide for the legal redress that I wanted. It lacked a forfeiture clause. Is this correct? I thought the form I found online was sufficient - is there anything I can do?
QUESTION NO. 3: I initially collaborated with my uncle and his friend to open a franchise business. They proposed using my name for the store and placing the lease under my name and my cousin's (my uncle's son), assuring me of a 35% stake in the business. Trusting their closeness, I agreed. However, within a week before the store's opening, I foresaw the location's unsuitability for business success. Consequently, I removed my name from the business, but the lease remains under my and my cousin's names. Upon contacting the landlord and property owner to remove my name from the lease while leaving my cousin's intact, they demanded $1600 for this change. They stated that even after removing my name, I'd still be held responsible for rent and other obligations. I'm puzzled as to why I'm still accountable after removing my name from the lease. Is this a matter of my lack of understanding or am I being taken advantage of?
Week Of December 30, 2023
QUESTION NO. 1: At what point can I consider property a rental home abandoned by a tenant? Can I just take photos showing no one lives at the home anymore? Can I get witnesses to say the tenant left? They haven't paid me in months anyways. Please help.
A: Generally speaking, a property can be considered abandoned when it is determined by a court officer or a court with proper jurisdiction, that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to proceed with caution as you do not want to lock someone out of the home believing that they ‘abandoned’ the property. You can subject yourself to a serious lawsuit for ‘lock out’ which can be VERY expensive. Contact a competent real estate attorney before you proceed further.
QUESTION NO. 2: I own a small 18-unit apartment complex. The leases say that the contract “binds my successors and assigns.” Does this mean that if I have a revocable trust, that my trust is bound?
QUESTION NO. 3: We would like to bring a legal action against the person who sold us our home/the inspector for nondisclosure. I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since our purchase, we have replaced multiple ceilings, plumbing, etc, and have found that most of the fixtures prior to the sale were not up to standards and done incorrectlly. Some items were physically dangerous (Our bathtub is not on the proper size supports, the plumber stated that filling the tub with water could cause it to collapse). We've spent thousands of dollars on this house less than 4 years in because of all the damages. Can we sue our seller for this?
Week Of December 17, 2023
QUESTION: NO. 1: I am finishing a divorce. Part of my settlement is to sell my interest in the home, but when the buyer ordered the title work, there is an IRS tax lien that shows up on the title, and it is more than the equity I have in the property. What can I do to avoid losing the sale? This is klling me. My heart is already broken, but if I can't get rid of this home, I won't be able to move on with my life! Who should I speak with?
QUESTION NO. 2: I was sued by a collection agency for a bank account that was overdrawn. I was never notified or served about this lawsuit until I went to refinance my home. The collection is now screwing up my credit. Is there anything I can do?
QUESTION NO. 3: How can I report suspected real estate fraud? I believe my agent misrepresented the 'turn - key' nature of an investment property that I had under contract. It turns out that months later, I was notified by the city, the the home did NOT pass it's inspection before the sale and that my agent was actually informed by the city, that the home did NOT pass. Yet, I closed on the home and now I cannot get it rented.
QUESTION NO. 4: How long does a person have to complete a court order judgment in Michigan? The court order is to repair the easement and install a culvert that was removed earlier in my development to my property, so the water can flow back in to the drainage ditch like it was before I changed it. The problem I have is that I can't seem to get the engineer to redo some of the plans. There is no response but the city inspector is now giving me a whole lot of grief. What can I do about this so that I do not get held in contempt?
Week Of December 10, 2023
QUESTION: NO. 1: I have been staying in this house for 10 years now and the mortgage company is trying to take it back. My mother-in-law gave it to me and my wife. She said that she was in bankruptcy and all we had to do was pay the taxes, which I did. What can I do?
QUESTION NO. 2: How can I remove a co-signer who has been missing for years and I have no clue where they are?" I am trying to modify my business loan but without them, the bank won't change the loan terms.
QUESTION NO. 3: I created a lady bird deed on my condo naming both of my children. I recorded the deed. Now my son wants my daughter to be the sole beneficiary. How do I correct this?
Week Of December 2, 2023
QUESTION NO. 1: It was recently revealed that the access to my well is actually on my neighbor's property. He has never prevented me from servicing the well or going on his property. I always assumed it was on my property. So now, he is selling his home and the survey revealed the true location. My neighbor said that he will let the new owners know about the 'arrangement.' Is this sufficient or should I be doing something more?
A: You may want to consider a private access agreement or an easement to preserve the previous informal arrangement. There is a saying that ‘you can pick your friends, but not your neighbors (and relatives.) If you don’t formalize access, your new neighbor could prevent you from accessing your well and cost you thousands to replace your well. Seek a real estate attorney for the proper easement.
QUESTION NO. 2: I was in the middle of a mortgage modification with my bank when I learned that my home was still scheduled for foreclosure sale. It went to sale about 8 months ago. Now I was just served with a notice to quit - to leave the house. What can I do about this? The mortgage numbers are incorrect and now I need to challenge them! Can I?
QUESTION NO. 3: I have a moblie dumpster rental business. I use a pretty basic agreement - a one -pager. Now the customer has not returned the dumpster for over 40 days and they owe me over $8700. I went to court on my own and the judge said that I cannot get any penalties or interest because they were not in the agreement. Is that so?
Week Of November 25, 2023
QUESTION NO. 1: I purchased a home from a self-professed real estate 'Guru." He said the home was 'turn-key' which means that the house is in good shape and there is a renter already in the property. I come to find out that after the closing, the home has been deemed 'uninhabitable' by the City and they want it demolished. I am out over $53000 - What can I do? Is the "Guru" liable to me?
A: Whether or not the ‘Guru’ is liable to you will depend on the contract and also on the extent of the due diligence that you undertook on your own. Before purchasing a property, the buyer should always take a ‘due diligence’ period to inspect the home and verify the municipal codes that regulate rental or investment property. If the ‘Guru’ was acting as your agent, then they may have a fiduciary duty to you. But if they are acting merely as a seller, then they may or may not have an obligation to you. A real estate attorney should review your contract to determine legal responsibility and available legal remedies against the ‘Guru,” if any.
QUESTION NO. 2: Buyers are attempting to rescind their offer after completing the home inspection. Can we retain the Earnest Money Deposit (EMD)? We went under contract in a competitive bidding situation 6 days ago. An earnest money deposit of $10,000 was agreed upon and the only meaningful contingency was obtaining a satisfactory home inspection. The contract language proposed by and agreed with buyers for the contingency clause considers only those issues for repair in excess of $5,000 per item. So the kitchen concrete counters are unique and need to be replaced or refinished. All the prospective buyers saw was an estimated cost of $7,000 for full replacement. Buyers toured the home twice, seeing the 8.5” x 11” placard on the countertops prior to going under contract. The home inspection was completed. We have not seen a written list of items that they propose to remedy, but understand the buyers want out of the deal as a result of the countertops. We have not declined to repair or negotiate a new price. Seems like “buyer’s remorse." Reverting to the other, now reduced, competing bid incurs damages. Can we force this cash buyer to perform? How do we retain the $10,000 EMD and move on?
QUESTION NO. 3: My husband and I own a second home that my son wants to "rent to own". How to go about this?
QUESTION NO. 4: My father has dementia and I co-own a property in Florida with him. He and I are listed on the title and he has a will that states upon his death the said property will go to me (I have other siblings). Because my sister has a Power of Attorney for my father, is there any way she can prevent this from happening?
Week Of November 18, 2023
QUESTION NO. 1: Is a probate required for every estate? My parents left their home to me in a deed, but my sister and brother are disputing it alleging it is a fraudulent deed. Now they are speaking with a lawyer to open an estate and challenge the deed. What should I do?
A: In Michigan, not every estate must go through the probate procedure. This is because with proper estate planning, assets can be disbursed outside of a probate action. So probate may not be necessary if the deceased left behind a modest estate with few assets. However, a beneficiary or immediate relation such as a child or parent can dispute legal documents that purport to convey assets before a death. So it is critical to first speak with a lawyer to determine whether a probate action is required in your particular circumstance before you make allegations of fraud.
QUESTION NO. 2: I have a remodeling contract with a contractor. It has an arbitration clause. What does that mean to me if I have to sue them?
QUESTION NO. 3: I have a former business partner trying to sue me on an old loan and promissory note that I haven't paid on in over 12 years. How can he sue me after so much time has passed?
Week Of November 11, 2023
QUESTION NO. 1: I am in a partnership dispute. I am a member of a 50/50 partnership and we both agreed to dissolve the company. Are there any case laws for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?
A: Good question. These items that you wish to have, such as a non-compete or a non-circumvention contract, are documents that should really be agreed to at the time you and your partner did your initial business deal – so PRIOR to the actual dissolution of a company and not during a dispute. Coming to terms with these items during dissolution negotiations will definitely make things more difficult for the parties, but “Yes” these items can still be settled and agreed to as part of the termination of the business relationship.
QUESTION NO. 2: Is a Probate Filing Required for Every Estate?
QUESTION NO. 3: If I hold title to a property as a tenant in common with multiple people on unoccupied land in Michigan, can I move onto the land if I want to? I was recently made aware that I am one of the tenants in common with my siblings on my deceased grandmother's 47-acre land. The day I moved onto the land, one of the sibling co- tenants, waited for me to complete my move and then said I cannot be on the property without approval from all the tenants in common. Is this true?
Week Of November 4, 2023
QUESTION NO. 1: I am in the middle of a refinance of my home because my bank says that I have to refinance my mortgage since I am now renting out my home. I have to move to another city for my job. Is this correct? Do I have to refinance my property in order to move? I always wanted this to be my residence, but now duty calls and I have to leave outstate for work.
A: Generally speaking, if you initially took the mortgage out as a primary residential mortgage (or owner-occupied home) and you LIVED in the home for at least a year, there should be no issues with you moving out and renting the house. This is far different than selling a home on land contract, which would invoke a “due-on-sale” clause in your mortgage agreement and it would be cause for the lender to call your mortgage due and payable immediately. You should have an attorney review your mortgage documents further if you are unclear about how your mortgage provisions apply to you.
QUESTION NO. 2: I lost my home to a property tax sale. The amount owed was negligible compared to the equity in the home. It was supposed to be on a payment plan. Now a third person has put a bid on the property? What can I do?
QUESTION NO. 3: Can a title company to give me a legal opinion on how I can cure a defect in the chain of title? There is a deed from me transfering my building that shows my signature, but the signature was forged. I think it was done by my former business partner. Will they give me insurance to cover it?
QUESTION NO. 4: Is the probate process in Michigan the same as in other states?
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Week Of October 29, 2023
QUESTION NO. 1: My son died and his ex-wife has custody of their 2 minor children. We need to plan his funeral. The funeral home is tellng us that for them to provide services, we need to first have authority from the probate court (he died without a will.) Do I begin probate or does his ex-wife? I was advised to get permission from the ex-wife. Then the ex-wife was told she needed to get permission from the deceased son's father to be in charge of the probate process. This seems to be a conflict as to who has the authority to plan the funeral and we need help in this matter.
A: We are very sorry for your loss. Generally speaking, the ex-spouse has no authority to do anything related to funeral arrangements for the ‘son’ unless your deceased son left a will stating otherwise. The father or parents have the right and authority to conduct funeral arrangements for the son. If the funeral home has issues with that, then a probate court order will be necessary.
QUESTION NO. 2: I have a signed contract with a corporation to purchase my property and the closing date is tomorrow. They just sent me a text message saying that they can’t go through with the deal because they can’t get a contractor. Can I take them to court and force them to close?
QUESTION NO. 3: What debts are paid first in a probate process? The mortgage payment for my parents' home (now deceased) is behind while my siblings and I are fighting in the the probate action. I am afraid we are going to lose the home if we don't get our differences resolved - Please help - what do we do?
QUESTION NO. 4: I am about to file for divorce. I own the home in my own name. I want to put it in my son's name before I file my action. My son is 14. Can I transfer the property into his name?
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Week Of October 21, 2023
QUESTION NO. 1: I have a concern about my neighbor's driveway. They asphalted the driveway last summer, way beyond my fence line. I have tried to explain this to the neighbor that their driveway has now extended onto my property - I called their contractor who told me straight out - they can't help me. That I have no right to call them to demand to remove the asphalt. Are they correct?
A: Your issue with the property line is between you and your neighbor. It has nothing to do with the contractor. The Contractor has a relationship with the neighbor. Your legal rights are against the neighbor in an action to quiet title (if it escalates to that) but the contractual relationship is between the neighbor and the Contractor. If the Contractor made a mistake, they are obligated to the neighbor to correct it. They have no obligation to you.
QUESTION NO. 2: If I have tenants with a lease that has expired and they are now month-to-month, can I give them a 30-day notice to vacate since they aren’t willing to sign a new lease? They have been behind on rent the last 4 months on their month-to-month lease but recently got caught up.
QUESTION NO. 3: I am in a land contract in Michigan and the owner of the deed has incorrectly recorded the ledger. What are we entitled to?
QUESTION NO. 4: I am about to file for divorce. I own the home in my own name. I want to put it in my son's name before I file my action. My son is 14. Can I transfer the property into his name?
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Week Of October 7, 2023
QUESTION NO. 1: "I bought a property in Mount Clemens, Michigan and the seller intentionally left behind garbage and some personal belongings. I spoke with the seller to come pickup his items and he didn't respond. I told him that he had a week to get his stuff out of my house and he never showed up. What can be done next, can I get rid of these items?"
A: Generally, most purchase agreements call for the seller to leave their property “broom swept.” If you made several attempts to contact the seller either directly or through their real estate sales agent, you shouldn’t have to do any more for them. If it were me, I would give them 30 days to pick up their items, hold on to it for 30 days and then dispose of it. Failing to leave the property “broom swept” is a violation of the agreement.
QUESTION NO. 2: "How would I calculate the assets when probating real estate?"
QUESTION NO. 3: "How would I start the Michigan probate process for the sale of my parent's home?"
Week Of September 30, 2023
QUESTION NO. 1: "I own 10 acres of land with my brother in Michigan. Can I build on this land? The deed as written states the grantee as "sole survivor." But there are two of us on the deed and there are no further restrictions. What process do I have to take to be able to make sure the deed language does not prevent me from building on my land?"
A: The language related to “sole survivor” likely relates to the actual conveyance language and how the grantor conveys their legal interest to the grantee. This is sometimes called “vesting language.” Deeds do have “magic” language in them, so how property is granted and what the deed says will certainly affect a person’s legal rights to a particular property. You should have a real estate attorney review the deed so that you understand your current property rights. That being said, building restrictions, among other things, can be found in “restrictive covenants.” Restrictive covenants are often referenced in deeds, and so you may or may not be allowed to put a structure on the property. Only a licensed and well-informed real estate attorney can review the deed in question and give you legal advice on how to proceed further.
QUESTION NO. 2: "The land contract sellers requested a forfeiture and the judge granted it to them. The judge wasn't told that the buyer paid the seller the required six thousand dollars within the 90-days. What can I do?"
QUESTION NO. 3: "How are assets distributed to the beneficiaries in MIchigan? My sister is the personal representative and she says the house is being sold at her discretion even though the deed shows it is still in our father's (deceased) name. She says she does not need the court to tell her what to do. Is this accurate?"
Week Of September 24, 2023
QUESTION NO. 1: "I have a private road easement on my land. New owners bought the land behind and are widening and cutting trees and want to put gravel on the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land doesn't just abuts up to a private road but it runs through my land. My access to the main road may be limited or even cut off entirely if these new neighbors continue to do what they are doing. I am not only concernbed. I am afraid! Online research shows that in Michigan it needs to be 33 feet wide with a turn-around big enough for a fire truck and have 3 or more parcels that abut up to it. So, it technically cannot be a private road easement. What do I do?"
A: You may have to pursue a court action to obtain an easement by necessity. Courts may grant this type of easement if the access is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access. Also, an attorney would need to review the recorded easement to see your neighbor is using it in accordance with the original intent of the grant for the easement. The current access you have may be burdensome. However, if this access is recorded or meant to be the access point, you may have difficulty proving an easement by necessity. Like so many legal issues, further investigation into case law by a real estate attorney seems to be more than appropriate here – gleaning internet information is no substitute for competent legal skill, experience and knowledge.
QUESTION NO. 2: "Who is responsible for paying a mortgage when the owner of a home dies? My mother passed and she still owes money to the bank. We want to keep the house in the family. We have been making the payments and have not contacted the lender."
QUESTION NO. 3: "Can the State of Michigan file a claim on a deceased person’s home. The deceased was in a nursing home getting government assistance?"
Week Of September 16, 2023
QUESTION NO. 1: "Is a land contract legally binding in Michigan if the owner dies or is incapacitated? Does it have to be entered into their will? We were advised by a real estate agent 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?"
A: The land contract is an executory contract, and therefore, the estate of the decedent will be bound by the terms of the seller or buyer. When drafting the contract, there should be provisions that state that the contract will be binding on heirs to the decedent. It is unlikely that beneficiaries to the estate will be able to set aside the land contract terms. They, as well as the personal representative of the estate, have the authority to enforce the terms of the contract. Finally, speak with an attorney on the subject of law, not a commissioned sales person whose business it is to sell real estate. The attorney who focuses in the area of real estate law and probate has what it takes to give you solid legal advice on your legal concern. Leave the sales of the home to the sales agent.
QUESTION NO. 2: "My Father passed away and my mom is still alive. She is not on the deed to the home that she currently lives in, but my older brother is. How do we transfer ownership to my mom, then her children in the future and avoid probate?"
QUESTION NO. 3: "Can you add an addendum to a quitclaim deed? Can you have a quitclaim deed written and notarized but not file it and also have an addendum attached that states no other deeds may be filed without me signing off."
Week Of September 9, 2023
QUESTION NO. 1: "My father left my stepmother a life estate. She passed away and I am named in his will along with my siblings. Her children were not included in the will. They do live in the home with her however. Only my father's children from his previous marraige were included. Do his step children have any legal rights to anything from the life estate? They refuse to leave the home and now they are going to kill our sale of the property because they claim they are rightful owners to the home. What can we do?"
A: Based upon your brief narrative, the life estate is extinguished upon the death of the mother. If her children are not included in the will and they are still living in the home, then without a written lease they can be evicted. Their property rights if any, flowed from their mother. Any documents that you have need to be reviewed by a real estate attorney.
QUESTION NO. 2: "Is there a penalty under law for failure to tender the deed on a land contract purchase (contract fulfilled by buyer in full)? Does such a statute exist?"
QUESTION NO. 3: "How do we get our money back from a contractor that breached our contract? The contract was signed for completion by a specific date. He left the house torn up and never came back; just kept giving us excuses. We have paid 2/3 of the total."
Week Of August 26, 2023
QUESTION NO. 1: "My brother is a co-signer on my mother's home and since my mother passed he has gone crazy. He will not help me save the house from the mortgage company. He will not sign the refinance papers. He won't sign the quick deed. He is creating nothing but chaos for my sisters and I. We're going to lose this home without his cooperation!!! Is there any recourse for me?
A: If he fails to endorse the deed, you may have to bring a legal action. Your question begs for more questions. Was this your mother’s home initially? Are you a personal representative of the estate? Was a probate even filed? If not a probate, could this be a partition action? So you see, real estate attorneys like myself would need more information to assist you.
QUESTION NO. 2: "When should a mortgage company automatically cancel private mortgage insurance from a conventional loan? My loan-to-value is currently 47%."
QUESTION NO. 3: "My mother is deceased and didn't have a will. She had been remarried for 9 years and her spouse is a Texas resident. She had a home in Michigan for 22 years. The home is in her name but her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive the home according to probate in Michigan. Can her spouse sign a quit claim deed to a certain person?"
QUESTION NO. 4: "The land contract seller misinformed the judge about the outstanding balance that I owed on a business land contract. The judge then entered the judgement against me. What can I do?"
Week Of August 20, 2023
QUESTION NO. 1: "I am selling my home. I do have a very common name, The title agent is refusing to close the sale without me obtaining a letter from a bank who has filed a bank judgment on my property saying that this is not mine. What can I do?"
A: First, the title examiner could do a bit more research and do a social security search to verify who the bank’s judgment is against. Another very quick way to get this resolved is to have the bank endorse a certificate of non-attachment. This attestation is most commonly requested when a person with a similar name is confused for the homeowner who is named on a judgment or Notice of Federal Tax Lien. It will help clarify whether the attachment of the lien in question is appropriate for the specific property.
QUESTION NO. 2: "Is there a generic and blank “Satisfaction of Land Contract” form to fill out for a person who recently paid off their contract?"?"
QUESTION NO. 3: "How do I find out the name of the attorney who prepared my mother's will for her, so that I can retrieve a copy?"
QUESTION NO. 4: My property was foreclosed. My house was sold and I received a release of mortgage 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 should never have sent the mortgage discharge letter that I have. Does this void the deficiency balance? At closing I was never made aware that there was a deficiency balance either. They aren't actively trying to collect the balance either as they just put it on my credit report. The balance never has been through collections. What should I do?"
Week Of August 12, 2023
QUESTION NO. 1: "I have been in a relationship (not married) and we own a home together. What are my rights now that it is ended?"
QUESTION NO. 2: "How did a Michigan township give a building permit for an owner to build a house, and later a garage, on a landlocked property?"
QUESTION NO. 3: "Can a court-ordered nursing home patient's guardian sell their property if there is a beneficiary? Grandma passed away and her husband is in a nursing home. His guardian is selling their property. Can they legally do that if there is a beneficiary?"
Week Of August 6, 2023
QUESTION NO. 1: "My brother and I inherited my parents' former residence. I want to keep the home and sell it to my daughter who is getting married in less than 6 months. My brother agrees to sell the property, but not to me! He refuses to allow me to buy it or keep it for her. He says I can get the money from the sale of the home instead. We didn't get along before my mother's passing, now it is WAR!!! What do you think?"
QUESTION NO. 2: "When filling out a quitdeed to avoid probate court in Michigan, do you need to put in a survivorship clause with 2 people being on the quit deed in case something happens to one of them?"
QUESTION NO. 3: "Is a text message legally binding if an amount was agreed to but the other party now wants more. Our son and uncle own a home we are selling. Our son moved away last year and we have done all the improvements and upkeep. We agreed on $5,000 but later told him $6,000 in a text. He has since said he wants half which isn't reasonable. Can he be held to what we agreed on in the text?"
QUESTION NO. 4:"The sellers agent gave my personal cell phone to the buyer a few months after the transaction and now the new owner will not stop harassing me. Are there laws preventing the agent from doing this?"
Week Of July 22, 2023
QUESTION NO. 1: "After a house is sold, what can be done if the prior owner won't move? The realtor did not put a clause in the agreement for the Seller after closing."
QUESTION NO. 2: "My father passed away and he left a will. I am the personal representative. The home is not listed in the will. Can I still sell the home because I am the personal representative?"
QUESTION NO. 3: "My mother and I were both on a mortgage where she was the principal borrower. She passed 3 months ago and didn't leave a will. My sister says she is entitled to half of the home's value and now wants me to sell it. What are my rights?"
Week Of July 8, 2023
QUESTION NO. 1: "I’m assuming the mortgage and buying out my partner due to a breakup. Will I have to pay a state/county tax in Michigan?"
QUESTION NO. 2: "Can I use a quit claim deed to transfer a property if there are back taxes owed on the property - I don't want to pay the back taxes at this time?"
QUESTION NO. 3: "I bought property using cash as the owner wanted cash. We transferred the deed, now he is trying to say I did not pay him. What can I do?"
Week Of June 25, 2023
QUESTION NO. 1: "I had somebody give me money to start a business that never got off the ground. There were problems on top of problems and no money to continue forward. Am I required to give the money back? I never signed anything and only talked about hoping it would be successful. It never made it to an official business."
QUESTION NO. 2: "Can my neighbor put a shed, or chicken coop, on my 60’ wide private ingress/ egress easement that cuts across his property? He currently has a shed that he has put within a few feet of the driveway and this affects the use my easement. Can I sue?"
QUESTION NO. 3: "What is included in a warranty deed transfer upon death? Does it include both real estate and personal property? My brother states he receives not only the physical home in Michigan from my mother but all personal property inside the home as well. One clean swoop. Is this true? The personal items are worth as much as the physical property."
Week Of June 17, 2023
QUESTION NO. 1: "Can we start Probate on my brother's estate without one of our sibling's cooperation in appointing a Personal Representative? My deceased brother had no spouse, children, or living parents and passed without a will. He had a huge home and a few investment properties. Five of the six siblings are trying to start Probate and one sibling is refusing to cooperate- they are volatile- and refuse to cooperate in this process. They won't sign the document to allow for assignment of personal representative to my sister. What do we do to start Probate?"
QUESTION NO. 2: "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 in February 2020 and put it up for sale in October 2020. I did not know this wasn't allowed as I have a Rural Development 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 that alone. I also received a letter from my mortgage company calling the loan due to illegal title transfer. I am of the understanding the title company had me sign over the deed when they should not have. I did try to ask the broker for help and he said "Sorry about your bad deal, but that realtor doesn't work here any more." I am at such a loss and do not want to lose everything I've worked hard for."
QUESTION NO. 3: "I received a phone call from a tenant stating that a leak in a bedroom had started the night before as a result a part of the ceiling fell down due to the excessive raining damaging some of the tenants property. Am I responsible for any property that was damaged of the tenant?"
Week Of June 10, 2023
QUESTION NO. 1: "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 the General Contractor do this?"
QUESTION NO. 2: "Can property only in my wife's name be changed to reflect tenants in entirety? My mother-in-law gifted my wife a 10-acre property in 2020. My mother-in-law wanted it only in wife's name, which we agreed to at the time to avoid conflict. We have been married since 2009. We are finally building on it and my wife and I want to change the property title to " tenants by entirety" with both our names. I am confused reading some of the language as it states it must be in both of our names when acquired, however at the time she acquired it we were already married for 11 years. Would this be a tenants by entirety, or a tenancy in common or other?"
QUESTION NO. 3: "Can a leasing agency legally enter my apartment when I am not present and without my permission if I live in Michigan? The leasing agency did a complex-wide inspection for pets. My apartment was inspected while I was not there, and I did not give permission. They claim to have sent six notices of the inspection to my email weeks beforehand, but I did not receive any emails about an inspections. Is what they're doing legal if the reason for entry is not an emergency? The lease states they can enter a residence at any time for any reason. However, if this were breaking a law, that lease would obviously be invalid. It's like if a lease said the landlord has the right to punch the tenant in the face whenever. Just because it's in the lease doesn't mean it coincides with the law. And there are several online resources that state it is not legal unless for an emergency."
Week Of June 3, 2023
QUESTION NO. 1: "How do I get current month-to-month tenants out of a home that I just purchased? The sales agent told me that they had a lease when I bought the property, but now I have learned the hard way. There is no written lease. It is middle of the month and they still are not out of the home as they promised they would be."
QUESTION NO. 2: "Can I fight a lien? I have a contractor who did a very poor remodeling job on my home. I am happy to pay them for the materials but NOT the work. Does writing "paid in full" protect me? What about not getting any notice that a lien is being put on a property before it actually happens?"
QUESTION NO. 3: "Will I be held responsible for a foreclosure property that was purchased before I got married? I am on the deed, not on the mortgage."
Week Of May 20, 2023
QUESTION NO. 1: "Can the homeowner of the house that I live in, change the locks without notifying me?"
QUESTION NO. 2: "I have had a large billboard sign on a corner advertising my business for over 50 years. For at least 30 years, I have had permits from the state to use this billboard. Do I have a prescriptive easement?"
QUESTION NO. 3: "What do you do when you're getting sued for credit card debt? What's the next step to take?"
QUESTION NO. 4: "Over the past 16 months, I fought hard for an investment property that another party claimed that they owned. Well, the judge disagreed with them and awarded me the property. The court gave me a judgment. It’s signed and everything, but now the title agent says that the other party still shows up on MY title. I gave them the judgment, but the title agent said I didn’t do enough and that they cannot use this judgment as a way to clear the title for my closing. What do I do as this is soooo frustrating?"
Week Of May 13, 2023
QUESTION NO. 1: "Is a handwritten purchase agreement, signed and dated by both parties, enforceable in Michigan? I have a lease with an Option to Purchase. However, the seller got a better offer and is now treating my option as a lease only, using every available means to cancel my agreement and by having me evicted"?
QUESTION NO. 2: "If your landlord lets someone other than the tenant store items in your business location, is that a breach of your lease"?
QUESTION NO. 3: "What can I do if I have a default judgment against me? I wasn't even aware of the fact that I was even sued and the allegations against me are not even valid."
QUESTION NO. 4: "My mother & I are both on a mortgage. She's the principal borrower. She passed 3 months ago. My mother left no will. Can I assume the mortgage? My sister says she is entitled to half of the home's value and now wants me to sell it. I have lived here for over 17 years. She says she can force me to sell the home and it doesn't matter that I paid half the mortgage payment when my Mom was alive. Now my sister's attorney just sent me a threatening letter. What rights do I have"?
Week Of May 6, 2023
QUESTION NO. 1: "My landlord doesn't have a Certificate of Occupancy and he is not having any of the maintenance done to the house. They say that the lease controls repairs - not the city. What can I do"?
QUESTION NO. 2: "The city wants my old barn demolished or fixed up? What are my rights against the city and can it be stopped"?
QUESTION NO. 3: "Can a prospective landlord ask to "inspect" my current residence before renting to me in Michigan"?
Week Of April 29, 2023
QUESTION NO. 1: "How do I get a judgment put on someone's credit report"?
QUESTION NO. 2: "How do I acquire property where the owner is unknown and it has been vacant for at least 10 years or more"?
QUESTION NO. 3: "I purchased a house in Michigan and sold it to a couple on lease to own. They have now paid off the loan. How do I transfer the deed to them"?
Week Of April 22, 2023
QUESTION NO. 1: "Can I purchase the redemption rights for $1000 from the owner of the property if the sheriff's sale happened last week?"
QUESTION NO. 2: "My mom is elderly and wants my name on the deed to her house that is paid for. Do we need to hire a lawyer for this?"
QUESTION NO. 3: "I have been fixing and renting houses for over 15 years. I am being told by the city building department that I have to hire licensed contractors to do work on my rental(s) because I am not licensed. Why should I have to pay an electrician when I am capable of doing the work myself. I pay the City an inspection fee anyways. Is their statement true?"
Week Of April 15, 2023
QUESTION NO. 1: "My home was sold in foreclosure in 2020. I received a letter regarding the release of mortgage account paid in full only to find out I had a deficiency on the balance. Should I still have a deficiency?"
QUESTION NO. 2: "We have a survey dispute with the neighbors. They are now selling the house, should we contact their realtor?"
QUESTION NO. 3: "Can a person on SSI disability own property, when SSI limits the amount of cash that they can have ($2,000.00) in the bank?"
Week Of April 8, 2023
QUESTION NO. 1: "The advertisement for the property said the lot was 426' x 215', but would be redrawn to 500' x 250'. After the purchase order was signed, the lines were surveyed at 395' x 220'. What now?"
QUESTION NO. 2: "In a house closing, are all credits and debits to the buyer and seller required to be written in closing paperwork? The loan officer emailed my wife saying that he is waiving the tax service fee. I called the loan officer and asked him to put it in a formal document and sign it. He refused saying the email was good enough."
QUESTION NO. 3: "My mother, father and I are on a quit claim deed with survivorship. My mom passed and my dad remarried. Do I still have the rights to the deed?"
Week Of April 1, 2023
QUESTION NO. 1: "What type of deed must I file when I sell my interest in a land contract? My buyer says that I promised them a warranty deed, but I explicitly wrote in the contract that I would provide a quit claim deed. Now, the title agent insists that I provide a warranty deed or they will not insure the buyer's title."
QUESTION NO. 2: "I have been married for 10 years and own a house with my husband. We are now getting divorced. I do not want the house and he wants to refinance on his own and assume the mortgage. Will I get anything from the refinance?"
QUESTION NO. 3: "I bought a new construction home last December. I've had nothing but problems. Is there a lemon law for homes?"
QUESTION NO. 4: "I signed a land contract with a company. Two years later the company owner/manager directed me to make payments to his personal account and texted me his personal account number. I have made two payments to his account. Is this even legal? Am I doing something that can be a problem later?"
Week Of March 25, 2023
QUESTION NO. 1: "Would you please tell me whether or not I have to accept an offer of the full asking price I received on my property? I feel that the realtor has been pressuring me to accept it."
QUESTION NO. 2: "I am a landlord evicting a tenant. I am in the process of selling my home. Can I still go after my tenant after I sell the home, for past rent due to me?"
QUESTION NO. 3: "I want to determine if it is worth bringing a law suit against a bad actor - should I first do an asset search on the potential defendant before proceeding with my attorney?"
QUESTION NO. 4: "Can a commercial property owner kick a tenant out for subleasing a property to another party? There is a part of the building lease that says I can sublease?"
Week Of March 18, 2023
QUESTION NO. 1: "I am buying a condo. I have signed all documents including the Purchase Agreement. Next step Closing. Can I withdraw without losing my deposit at this point?" I used an AI generated documnent and I don't see where it allows me to get my deposit back if something falls through.
QUESTION NO. 2: "Can an associate broker operate a property management business aside from the company he is licensed with?"
QUESTION NO. 3: "Can a building inspector enter into a private home without a warrant?"
QUESTION NO. 4: "Our real estate broker is charging a base fee of $500 and this was not disclosed verbally or in writing. When we questioned the broker about it, he said the office charges a minimum $500 per house for administrative costs. Is this normal?"
Week Of March 11, 2023
QUESTION NO. 1: "I bought a house without an inspection and found out that the seller closed off some basement rooms to hide mold and structural issues as well. What are my rights?"
QUESTION NO. 2: "Recently an investor gave me a cash deposit to purchase my property. No written contract was signed and no receipt was given. A month later he called me to cancel the deal. Do I have to give the money back?"
QUESTION NO. 3: "I just paid off my home and the mortgage was with a private lender (person). What documents should I expect from them and what should I get recorded with the county?"
QUESTION NO. 4: "I had a fire at my building. The company I bought it from through a land contract, still shows as the insured. Do I have a right to the insurance proceeds even if I am not named on the fire policy? The seller says I am not entitled to the insurance proceeds."
Week Of March 4, 2023
QUESTION NO. 1: "I am buying a condo. I have signed all documents including the Purchase Agreement. Next step is the Closing. But now I don't want to move from my current home. I have so many memories here. My family and frieends are close by. I have changed my mind. Can I withdraw without losing my deposit at this point?"
QUESTION NO. 2: "Can an associate broker operate a property management business aside from the company he is licensed with?"
QUESTION NO. 3: "Can a building inspector enter into a private home without a warrant?"
Week Of Feb 25, 2023
QUESTION NO. 1: "I found severe structural damage to a garage floor during the final walkthrough that the inspector didn't catch because the garage entrance was blocked during the scheduled inspection. Do I still have to close on this house?"
QUESTION NO. 2: "What if my land contract buyer keeps ignoring the payment terms — they pay, but not the right amount. We are almost done with the contract after five years. I don't want to take them to court. What is my option otherwise?"
QUESTION NO. 3: "In Michigan, what happens when parties to a contract allege that the other party breached the contract terms? The building's seller is pulling out of our deal, alleging that I did not inspect the property in time, but they were the ones who had large metal crates that obstructed the inspection."
Week Of Feb 18, 2023
QUESTION NO. 1: "How can I stop my sister from using a power of attorney for my father who happened to pass away last month? She was going to rent out of my father’s rental homes to a third party, but now, I need a place to live. I intend to move into this home."
QUESTION NO. 2: "My land contract buyer has not been paying. For many reasons, we thought he abandoned the house. We went to the house, opened the door and found that his stuff was still there. We changed the locks but left a new key. Can he sue us for breaking and entering?"
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QUESTION NO. 3: "In the disclosure, the seller said a hot tub would not stay. We did not want them to leave the hot tube because it was GROSS - in bad shape -Well, they left the hot tub behind (Thanks but No thanks!) and now it is going to cost us $1100 for it to be removed. We want them to pay for it. Who is right?"
Week Of Feb 11, 2023
QUESTION NO. 1: "I was told by my real estate agent that I can force my family member to sell a home that we own together. Is true or even possible that in a partition action (my brother and I are fighting over my late mother’s home) that a judge could force the sale of a house regardless of whether we consented to the sale? What if we own the property jointly? What if I want to buy out my brother’s interest?"
QUESTION NO. 2: "The seller is not cooperating with a payoff on a land contract to sell the home I purchased. I paid on a land contract for years and the seller will not give me the deed. What now?"
QUESTION NO. 3: "I have an offer on my house that is less than the asking price. However, they also want me to pay seller concessions. Is it normal to ask the seller to pay the buyer's closing cost in addition to paying their own closing costs?"
Week Of Feb 4, 2023
QUESTION NO. 1: "I want to sell half interest in my home to my son. He will be occupying the premises. I want to understand joint ownership with the right of survivorship. I am 75 years old and in good health. My goal is to avoid probate. Can this be done?"
QUESTION NO. 2: "Before my father died, he deeded our family home to his living trust. The problem is that there is no living trust because he never signed it. The title company will not allow the house to close now. What do I do?"
QUESTION NO. 3: "I’m currently getting ready to pay off my long-term land contract (20 years). Is there a way to avoid getting my taxes reassessed?"
Week Of Jan 21, 2023
QUESTION NO. 1: "I’d like to keep the 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?"
QUESTION NO. 2: "We sold our cottage on a land contract. The buyer is asking for a quitclaim deed so she can get help with repairs since she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract?"
QUESTION NO. 3: "I was buying a house out of a probate and waited for months because the estate had to get permission to sell from the court. Three days before the closing date, the estate says they are now selling it to one of the sons. What are my rights?"
Week Of Jan 7, 2023
QUESTION NO. 1: "In disclosure the seller said a hot tub would not stay. We asked to keep in via the purchase agreement, they signed it. Who is right?"
QUESTION NO. 2: "My former business partner removed me from the deed to a business property we owned together. My name is signed on the deed, and the signature is notarized, but on the date in question, I can prove that I was out of the country. What can I do?"
QUESTION NO. 3: "I purchased a home with a pool in the winter. It was covered at the time of the home inspection. Once spring came, we removed the cover, it revealed that the pool was in terrible working order. The sellers deny responsibility. What are our rights?"
Week Of Dec 17, 2022
QUESTION NO. 1: "Can a township building inspector enforce more stringent building code requirements that exceed the state's building code? I am rehabilitating a historic barn as a residential home. There are some challenges because of the age and location of the barn and I have been told to get a structural engineering report before I proceed further."
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QUESTION NO. 2: "I want to sell my home without my wife’s signature. The home was purchased during the marriage, but the title and loan are in my name only. Do I need her signature?"
QUESTION NO. 3: "We are in a contract to purchase a bank-owned auction property. We had to put down a 5% buyer premium on the house. The house appraised for $10,000 under our winning bid. If the bank is not willing to let the property go for the appraised price and we have to walk away, are we able to get our 5% buyer's premium back?"
Week Of Dec 10, 2022
QUESTION NO. 1: "I own some real estate with a friend. We are falling out. Can a property owner force the co-owner to sell the jointly held property in order to obtain their share of a property's value?"
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QUESTION NO. 2: "Our real estate agent is acting as our buyer’s agent and she disclosed our financial information to my brother-in-law. Is this legal?"
QUESTION NO. 3: "When will a second addendum to a purchase agreement supersede the terms of a first addendum? The real estate agent wants to enforce terms to our agreement that we thought were removed by our second addendum?"
Week Of Nov 12, 2022
QUESTION NO. 1: "In my divorce judgment, I was given exclusive rights to a rental property of ours. My ex-wife is refusing to sign the refinance paperwork, removing herself, and initiated an eviction of my renter at the property. What should I do?"
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QUESTION NO. 2: "What is the difference between a mortgage broker and a mortgage lender?"
QUESTION NO. 3: "I'm buying a home. The seller's trustee had a life estate and was allowed to sell the property during their lifetime. They died soon after they signed the purchase contract. Does this bind the trust beneficiaries?"
Week Of Nov 4, 2022
QUESTION NO. 1: "If I am the seller on a land contract, how is my interest protected if there is a fire or other damage to the home? Do I need to get hazard insurance or does the buyer? How does this work?"
QUESTION NO. 2: "My seller's partner needs to sign papers to close the home. He is not lucid. Their realtor said she would get him to sign a power of attorney to his son. Is this right or even legal?"
QUESTION NO. 3: "The contractor I hired is ignoring my calls to do the agreed upon work? What are my rights against a company who took but did not earn my money, according to a contract?"
Week Of October 29, 2022
QUESTION NO. 1: "I purchased a mixed-use property. I have several tenants that are leasing from me, but these were leases in effect at the time that I purchased the building. If the lease agreement is for three years after that period, can I raise their rent amount?"
QUESTION NO. 2: "I am going to act as the banker for family members in order to buy property. How do I go about creating the necessary documents?"
QUESTION NO. 3: "Can a seller's realtor sue me if I cancel the purchase agreement and back out of a closing that did not occur by the date listed in the purchase agreement?"
Week Of October 22, 2022
QUESTION NO. 1: "Can I sue a home inspector who had falsely reported roof conditions?"
QUESTION NO. 2: "Can a mortgage company pursue me on the mortgage even after I filed bankruptcy years ago?"
QUESTION NO. 3: "How do I make sure that a buyer cannot back out a few days before closing on my home? Can you suggest some language to add in the contract?"
Week Of October 14, 2022
QUESTION NO. 1: "My father passed away and I am the personal representative. He left a will but the home is not listed. Can I still sell the home because I am the personal representative?"
QUESTION NO. 2: "I have real estate documents that prove I own a home, but my significant other wants to sell it without me? Can my partner sell a property that I have an interest in without me?"
QUESTION NO. 3: "What is a Land Contract?"
Week Of October 7, 2022
QUESTION NO. 1: "How long after a home inspection is complete do the potential buyers have to agree to move forward with a purchase agreement?"
QUESTION NO. 2: "I have a Power of Attorney for my wife. Do I have to be a co-signer on her separate bank account in order to access the bank account on her behalf?"
QUESTION NO. 3: "I agreed to purchase a building in "as is" condition. The property suffered extensive damage during the escrow period. Can I still collect the insurance proceeds paid to the Seller for extensive property damage?"
Week Of October 1, 2022
QUESTION NO. 1: "My son is having a hard time getting rid of everything in the home that he inherited in time for the closing. What can the new owners legally do to my son if we are unable to get rid of the contents in the home?"
QUESTION NO. 2: "My tenant's daughter has epilepsy/autism. Her doctor prescribed her a service dog. My lease does not allow pets but according to the tenant, this dog is a psychiatric service dog, not just a pet. Can I legally say 'No' to my tenant?"
QUESTION NO. 3: "Can a purchaser legally sell or rent a house on land contract if there is a mortgage?"
Week Of September 24, 2022
QUESTION NO. 1: "I have to get an apartment before closing. Can you suggest some language to add in the contract?"
QUESTION NO. 2: "My apartment complex removed everyone's balconies mid-lease. They claim that the city made them do it. What can we do?"
QUESTION NO. 3: "When a property is in foreclosure, does a tenant have to pay rent? If so, to who?"
Week Of September 19, 2022
QUESTION NO. 1: "Could knowledge of a lawsuit be considered "actual service" of the lawsuit?"
QUESTION NO. 2: "My tenant's daughter has epilepsy/ autism. Her doctor prescribed her a service dog. My lease does not allow pets but according to the tenant, this dog is a psychiatric dog not just a pet. Can I legally say "No" to my tenant?"
QUESTION NO. 3: "I have a former business partner trying to sue me on an old promissory note that I haven't paid on in over 12 years. How can he sue me now? So much time has passed?"
Week Of September 12, 2022
QUESTION NO. 1: "My brother refuses to turn over my mother's original will to prevent my other siblings and I from probating her estate. Can he do that? What do I do?"
There are also alternatives to have the estate probated even without your brother’s cooperation. It just makes for an even longer legal process.
QUESTION NO. 2: "I received a deed titled "Warranty Deed", but when I went to secure title insurance for my property, the title agent refused coverage because he says the deed is really a quit claim deed. What can I do now?"
A Quit Claim deed doesn’t contain any warranties. It is basically a document that conveys any interest that the grantor MAY have in the property; which could be no property rights at all. That is why the title insurance agent will not insure over a quit claim deed.
It does not matter how a deed is titled. The substance of the legal language contained within the deed controls.