Mark H. Davidson’s Answers

Mark H. Davidson

Port Huron Litigation Lawyer.

Contributor Level 9
  1. Transfer Rental Property to LLC in MI

    Answered about 2 years ago.

    1. Mark H. Davidson
    2. James P. Frederick
    3. James T. Weiner
    3 lawyer answers

    Is there a prohibition on renting property in your mortgage? If not you can request a waiver of due-on-sale from your lender, otherwise not. By the way, Lenders may have monitoring services that will turn this up. If you do risk just deeding it use a warranty deed rather than Quit-claim Deed so your title insurance doesn't expire, and file a Property Transfer Affidavit with the Assessor of your municipality. If your motivation to get property into LLC in liability, best advise to have...

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  2. Judicial Foreclosure in Michigan

    Answered almost 2 years ago.

    1. Mark H. Davidson
    2. Joseph Leo Bernwanger
    2 lawyer answers

    I agree with Joseph, but add there does have to be an acceleration clause by which mortgagee can declare the whole principal balance due upon default. Most printed mortgage forms contain one, usually default remaining for 45 days, or x days after a written notice demanding default be cured. If you would like to contact me directly for a consultation, I am located in Port Huron (810) 985-8171. Since 1975.

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  3. I signed a 6 mo lease in Aug 2011 , I'm still living there 1 . 5 years later and have not signed any other lease since then .

    Answered over 1 year ago.

    1. Mark H. Davidson
    2. Jeffrey Scott Kaplan
    3. Allan M. Darish
    3 lawyer answers

    It's hard to answer any contract question without seeing it, but once the term of a lease runs out, generally the tenant becomes month to month and the tenant is free to leave (with 30day notice) and landlord is free to change any terms, including rent or security deposit upon reasonable notice by landlord.

    3 lawyers agreed with this answer

  4. Can a landlord charge a pet fee of $200 for a single kitten?

    Answered over 1 year ago.

    1. Brian Harold Jean
    2. Laura Mcfarland-Taylor
    3. Brian M. Thomas
    4. Erin Cecil-Levine
    5. Mark H. Davidson
    5 lawyer answers

    Click Brochure below and see p 29. Lots of other good information in there as well.

    3 lawyers agreed with this answer

  5. If I don't control my heat, is there a minimum temperature/condition in MI that I'm entitled to?

    Answered about 2 years ago.

    1. Mark H. Davidson
    2. James T. Weiner
    2 lawyer answers

    A landlord has a duty to provide "habitable" premises. You don't say if you the one paying for electricity for the space heaters, I suspect you are. The landlord should give you some way to maintain a comfortable temperature, or you should give 30day notice move on.

    3 lawyers agreed with this answer

  6. I paid for 3 acres about 15 years ago from my dad, but he still will not give me a deed or title to the land what can i do.

    Answered about 2 years ago.

    1. Mark H. Davidson
    2. James P. Frederick
    3. Barry Franklin Poulson
    3 lawyer answers

    Your question has far too many missing facts. land have house or vacant? if house, occupied? why did so much time go by? Main problem will be statute of frauds if there is no written agreement for the sale of land. Even if you have a writing the statute of limitations is 6 years from the date of the breach. You're probably out of luck so be nice to your dad and he'll soften up. or not.

    3 lawyers agreed with this answer

  7. I purchased a beauty salon a year ago, for the past several months I have not been able to pay the rent. The landlord has emaile

    Answered almost 2 years ago.

    1. Mark H. Davidson
    2. Mariell Rebekah McLatcher
    3. Melissa J. Houghton-Heinig
    4. John F. Brennan
    4 lawyer answers

    Assuming no eviction case has been started at this point, answer is yes, say no, then she has to send you a 7-day notice for non-pmt of rent, the file eviction case, another 7-14 days until hearing, then another 10 days to redeem, then landlord can get an eviction order from court, then hire a court officer, so us a good month. You may ask landlord if she will forgive back rent if you move immediately... it sounds like there may be a new tenant in line? Click Pamphlet below for more information.

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  8. Would I be able. To take my rental property to court so I can be able to get my money back

    Answered over 1 year ago.

    1. Mark H. Davidson
    1 lawyer answer

    Question too vague, we need WAY more facts! are you tenant already moved in, or did you make a deposit to move in in future? describe the fake eviction notice. who is They? How much money was paid and for what, security deposit?

    2 lawyers agreed with this answer

  9. Can I bring action against the survey company and the township that violated many of their own ordinances concerning landlocked

    Answered almost 2 years ago.

    1. Mark H. Davidson
    2. Alan D. Walton
    3. James P. Frederick
    3 lawyer answers

    Wait, you want to sue the city for not protecting you then? This question cannot be answered in this format; you need to visit an attorney who specializes in real estate- zoning issues. Surveyors are not lawyers so it's hard to sue them for legal malpractice.

    2 lawyers agreed with this answer

  10. Rented a home for 5 years. Moved out over 30 days ago. Landlord has forwarding address. She is holding all of my $2400.00

    Answered almost 2 years ago.

    1. Mark H. Davidson
    2. John F. Brennan
    2 lawyer answers

    IMPORTANT that you object to LL's claim IN WRITING immediately. Then LL has to take you to court within 45 days from your move-out date, to document and prove the claim for damages. You would file an Answer disputing the claim and you can have a trial (or settle for an agreed amount) The security deposit belongs to you until LL proves the back rent and/or damages are legitimate. If LL doesn't file suit in time then YOU can sue LL for double the amount of the deposit! Personally I think the...

    2 lawyers agreed with this answer