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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Seeking advice on filing uncontested divorce and requesting spouse to leave marital home in Michigan.

I have been married for 13 years and would like to file my own papers for a divorce to save money. This will be an uncontested divorce with no children involved, and neither of us wants alimony or retirement from the other. We have split our assets, and we plan to split our personal debts between... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

An uncontested divorce without children CAN be something "DIYable" but when you have property such as retirement plans and real estate to divide the phrase 'penny wise and dollar foolish' comes to mind if you're doing this to 'save money'.

Making a...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Can I make a contract to search a sold property for hidden money?

I'm aware of a high probability that there might be hidden money in a house that my great-grandfather owned. The property has since been sold, and the new owners are unaware of this potential hidden money. I want to approach the current owners with a contract that allows us to search for the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

Generally speaking, you can enter into a contract to do anything so long as it is not illegal or against public policy.

So, no, you can't legally enter into a contract to murder someone, but you CAN enter into a contract to search a property with the owner of that property on whatever...
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2 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More

David Soble
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David Soble
answered on May 12, 2025

You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More

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2 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.

People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a...
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1 Answer | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for Michigan on
Q: Understanding Michigan eviction law after foreclosure and canceled writ.

I am a tenant in Michigan whose home went into foreclosure. The bank issued a writ of eviction, but later canceled the eviction process. I'm trying to understand the implications of this situation regarding Michigan’s eviction laws under MCL 600.5701 to 600.5750. Specifically, what does the... View More

David Soble
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David Soble
answered on May 6, 2025

If the bank or lender is the successful bidder at the sheriff sale and the redemption period expires, they can then file for an eviction against all occupants in the property. If they obtain a judgment, they can ask for a writ to be issued and must do the eviction within 56 days. Otherwise, they... View More

2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Michigan on
Q: Should I proceed with probate to sell a foreclosed property in my mother's estate?

I'm going through probate to acquire my late mother's estate, which includes a property currently in foreclosure. There are no other assets. I want to proceed so I can sell the property. The foreclosure process hasn't been completed yet, and my timeline is to complete everything in... View More

David Soble
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David Soble
answered on Apr 22, 2025

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Michigan on
Q: Can executor transfer home to own name for reverse mortgage in Michigan?

I am the executor of my parents' living trust, which left the assets to be evenly split between my two brothers and me. I have the warranty deed for the house, and I need to buy out my brothers or sell the home within a few months. My brothers agree to be paid their share, with one directly... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.

Upon approval you...
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Q: Can sister force grandfather to leave mom's residence in probate issue?

My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More

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4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 16, 2025

Here's a further answer:

If the redemption period has not expired, you could redeem.

However, the holder of a sheriff's deed is free to sell its interest in the property prior to the expiration of the redemption period.

If you were a joint owner at the time of...
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4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 16, 2025

I think that you misunderstand what happened. It sounds to me like the property went to foreclosure sale, the mortgage holder purchased a sheriff's deed at the sale by "bidding in" the debt, the redemption period expired, and the mortgage holder became the absolute owner of the... View More

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4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

David Soble
PREMIUM
David Soble
answered on Apr 16, 2025

The lender can sell the property at a sheriff's sale. At the time of sale, if no one else bids on the property, then they are considered the successful bidder, and they have an interest in the home subject to your redemption rights (6 months). During this time, they can assign out their... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2025

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a...
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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Michigan on
Q: Is a rent increase from $520 to $690 at my MHP excessive?

I have been living in a mobile home park for 6 years, and my rent was last increased 12 months ago. Recently, my rent was raised from $520 to $690 without any specific reason provided by management. Other residents have received the same increase. I'm not aware of any local rent control laws.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2025

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting....
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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Michigan on
Q: Can my ex-girlfriend avoid eviction and change her mind after dismissal?

I gave my ex-girlfriend a 30-day notice to vacate, which she acknowledged with a handwritten letter stating she'd be out in 30 days to avoid eviction on her record. She didn't leave, so I filed for eviction in Michigan a week after the deadline. She's now claiming she'll move... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 4, 2025

I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.

You DO need to serve her however, but so long as you are only looking for eviction and...
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3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 1, 2025

Was the property owned by your father, aunts and/or uncles as tenants in common? I presume so, or else the survivors would own the property and your father's share terminated.

The will may govern disposition of your father's interest in the property as a tenant in common, but...
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3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

David Soble
PREMIUM
David Soble
answered on Apr 1, 2025

The property valuation that is used is based upon the value of the home on the date of the decedent's death. To get the most accurate valuation for that date, you and your family should hire an appraiser—a licensed professional to give a scientific opinion on the home's value. Not a... View More

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Q: How to address misrepresentation in divorce property claims?

I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.

You won't hear...
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3 Answers | Asked in Real Estate Law, Probate and Tax Law for Michigan on
Q: Can I acquire a Michigan property for back taxes before probate?

I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2025

'Control' is such a non-specific word.

Can you PAY the back taxes to the County/State before then? Yes, but the Estate will retain the right to redeem meaning you won't get the property, you'll only get your money (plus interest) back.

Can you BUY the property...
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3 Answers | Asked in Real Estate Law, Probate and Tax Law for Michigan on
Q: Can I acquire a Michigan property for back taxes before probate?

I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More

David Soble
PREMIUM
David Soble
answered on Mar 29, 2025

It will depend on whether you can make the arrangement with the authorized representative of the estate of the former homeowner. I would not pay the back taxes until you do; otherwise, you will have just advanced money for the estate without any agreement that the estate will sell the property to... View More

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Q: Ex-husband lied about marital status affecting real estate deed, no compensation for houses.

I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More

David Soble
PREMIUM
David Soble
answered on Mar 28, 2025

Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More

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