Mark H. Davidson’s Answers

Mark H. Davidson

Port Huron Litigation Lawyer.

Contributor Level 9
  1. Adverse Possession Michigan- A Pylon Sign is in front of my friend's office property

    Answered almost 2 years ago.

    1. Mark H. Davidson
    2. James P. Frederick
    3. Paul S. Magy
    3 lawyer answers

    I basically agree with James' answer, but would like to point out that the minimum 15 years doesn't necessarily have to be by the current owner Plaintiff, but can include the time of provable adverse possession of his predecessors in title, called "tacking."

    2 lawyers agreed with this answer

  2. Do I have to pay 2nd mortgage on house I dont have anymore?

    Answered almost 2 years ago.

    1. Joseph Leo Bernwanger
    2. Mark H. Davidson
    3. Allan M. Darish
    3 lawyer answers

    Probably yes and yes. BUT will depend on what documents you received from bank as part of short sale when it released its mortgage. You need to show all that to an attorney for opinion. If you would like to contact me directly for a consultation, I am located in Port Huron (810) 985-8171. Since 1975.

    2 lawyers agreed with this answer

  3. I was sold a house $61k by Wells Fargo bank, they said title was clear, five years ago. Now IRS said they had lein 10 yrs ago.

    Answered almost 2 years ago.

    1. Mark H. Davidson
    2. Timothy A. Dinan
    3. James P. Frederick
    3 lawyer answers

    You likely got a title insurance policy when you bought it, which is good as long as own the house. File a claim against it, it should protect you from old IRS liens against previous owner(s)

    2 lawyers agreed with this answer

  4. Is there a law if someone moved your survey markers for there own personal gain ?

    Answered about 2 years ago.

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

    Boundary disputes are always messy and require extensive analysis of the history of the boundary and adjacent landowners. You definitely need to consult with an attorney who specializes in real estate litigation. Although it is illegal to disturb a monument or section corner, I've not found a law that protects survey markers, usually iron pipes.

    2 lawyers agreed with this answer

  5. Do I have any ownership in a house I've lived in for 14.5 years with my wife?

    Answered about 2 years ago.

    1. Mark H. Davidson
    2. James P. Frederick
    2 lawyer answers

    With this form of joint ownership, upon the death of either, the survivor becomes sole owner the instant one dies. Therefor I must disagree with Mr Fredericks regarding an intestate share because the house would not go into your wife's estate if she predeceased her mother. You don't indicate why house title held this way- did they have it this way when you were married? Does your wife want you to have an interest in it? Would the mother sign a new deed adding you? To answer your main...

    2 lawyers agreed with this answer

  6. In Michigan, does wife have dower interest in property held by husband and mother, as joint tenants with rights of survivorship?

    Answered over 1 year ago.

    1. James P. Frederick
    2. Christine Marie Heckler
    3. Mark H. Davidson
    4. Matthew Allan Quick
    5. Michael T Millar
    5 lawyer answers

    No. Michigan Land Title Standard 4.4 "dower – joint tenancy" standard : a wife has no inchoate dower in real property that her husband and one or more other persons own as joint tenants .

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Michigan: First lien foreclosed and second filed suit.

    Answered almost 2 years ago.

    1. Mark H. Davidson
    1 lawyer answer

    Julie, you were defaulted on July 16th. The surplus from May 3rd sale goes to whomever is next in line, presumably Plaintiff home equity lender. The senior lender is safe, already paid off due to the private sale. HOA is only a defendant because it filed a lien for unpaid assessments in 2010 and Plaintiff has to name all parties with recorded interests as Defendants. Plaintiff will probably end up with a deficiency judgment against you and Tom, jointly and severally. Where that ends up...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Trustees had elderly mother sign a cd in their name, cashed before her death, kept money. Kept it a secret from beneficiaries.

    Answered over 1 year ago.

    1. Terri L. Giampetroni
    2. Michael Leo Potter
    3. Keith G Langer
    4. Julie Aletta Paquette
    5. Peter L. Conway
    6. ···
    6 lawyer answers

    I agree with previous comments but more information needed; were trustees other family members? Have they been confronted and have they tried to explain or justify the transfer? How much money are you talking about? Most importantly was she competent at the time of transfer? I'm not sure what you mean by sign a cd... Is there a pending probate or was there a non-probate trust?

    1 lawyer agreed with this answer

  9. We purchased property w/an existing neighbor encroachment. How to preserve our property rights and maintain friendly neighbors?

    Answered over 1 year ago.

    1. James P. Frederick
    2. Mark H. Davidson
    2 lawyer answers

    I sort of agree with Mr Frederick except for the adverse possession issue, which the encroachment agreement might prevent. It is absolutely necessary to have the recorded agreement reviewed by a real estate attorney. Most important is if it "runs with the land," meaning it is binding on all future owners or just the original parties. You can probably assume that neighbors had survey and/or title insurance policy and are already aware of the encroachment and what sounds like a license, which...

    1 lawyer agreed with this answer

  10. If your apartment is vandalized (windows broken), can the landlord keep your security deposit?

    Answered almost 2 years ago.

    1. Brian Harold Jean
    2. Mark H. Davidson
    2 lawyer answers

    You have obligation to return the premises in same condition as when rented regardless of who caused damage. Now you don't mention if the vandalism came from outside or inside. If outside the landlord should be responsible, and as other attorney mentioned, landlord might have insurance. If from inside, you might have to take care of it or landlord can use your security deposit. Click Brochure below go to page 26 for more information.

    1 lawyer agreed with this answer