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Mark H. Davidson

Mark Davidson’s Answers

69 total

  • Adverse Possession Michigan- A Pylon Sign is in front of my friend's office property

    Large pylon sign has been in front of the property on a main road for 30+ years. Friend purchased his property 3 yrs ago. His property is triangular in shape with only 50' on main road. Adjacent property line is at an angle that cuts across my...

    Mark’s Answer

    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."

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  • What do you do when your landlord has belongings stored in the basement of my rental home and didn't remove them by date agreed?

    Our landlord has a lot of her things stored in our rental home and was supposed to get them out by a date agreed on and yes, it's in our lease. She was also supposed to replace the washer and didn't do that either. Both items are in our lease and ...

    Mark’s Answer

    Hard to answer with information provided. You should take lease to real estate attorney to review, but sounds like you might have right to withhold rent until she complies. Whatever you do, do in writing. Send letter clearly stating what and why.

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  • My mother has a partial claim on some property in mississippi that has oil rights. how do we find if the rights have been sold.

    we have a lot of the family history and some documents. and a court summary that says what happened but we can fiqure how to get her claim for the family

    Mark’s Answer

    You'll have to contact an attorney down there, as near as possible to property. Use Avvo lawyer search to find one. There attorneys who actually specialize in oil and gas rights, you might try to focus on that.

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  • Michigan: First lien foreclosed and second filed suit.

    Michigan: I have two mortgages on my house. I owe 83k on the senior lien and 90k on the junior lien, which is a future advance mortgage. The senior lender foreclosed non-judicially on my home and sold it on May 3rd at a sheriff sale. The highest b...

    Mark’s 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 probably depends on your divorce judgment.

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  • Judicial Foreclosure in Michigan

    Is it true that in Michigan, in order for a judicial foreclosure to be possible, no power of sale clause may be present in the loan documents?

    Mark’s Answer

    • Selected as best answer

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

    I was recently divorced and had to "short-sell" my house. I thought my attorney told me the 2nd mortgage was forgiven along with all the other money that the bank and I lost on the property. I just received a letter from the banks attorney stating...

    Mark’s Answer

    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.

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  • 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.

    I have put $50k in updates to house.

    Mark’s Answer

    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)

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  • If a mold problem is found in a manufactured home before buying is it the parks obligation to fix it?

    We have put a deposit down on a manufactured home we want to buy from a park sales office, but have found a concerning mold issue in the wall, is the park obligated to fix the mold problem before we close on the deal? If so how do i go about makin...

    Mark’s Answer

    Hi, it's very hard to answer an online question about a purchase agreement we can't read. You don't say a) if there is a written agreement? b) how mold was discovered ie inspection? c) how big of a deposit d) how old is it?
    The answer probably will depend if you have right to cancel if inspection is unsatisfactory. The answer depends on these issues, please resubmit with more details.

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  • When does the Landlord lose rights to collect rent?

    the property has been listed in legal section of local paper as morgage sale next month am i still required to pay the rent?

    Mark’s Answer

    I agree with the answers above , but add that there is a redemption period after the sheriff sale where LL retains normal ownership interests including right to rent and collect rent, usually 6 months (12 months if property over 3 acres)

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  • My sister in law is refinancing her house and she wants her brother to be a co-borrower. Can he do that without my consent?

    My sister in law is the only one who purchased her house in 2002 and she bought the property by herself due to bad credit history and bankruptcy of her husband business. Now she wants to re-finance her house but wants my husband to be a co-borrowe...

    Mark’s Answer

    I answered this question earlier although I don't see it now... I stand corrected regarding garnishment of joint bank accounts of h&w for judgment against 1 spouse- I was remembering that a h&w joint bank account was protected by MCL 557.151 which is incorporated into MCL 600.6023a

    "Sec. 6023a.--Property described in section 1 of 1927 PA 212, MCL 557.151, or real property, held jointly by a husband and wife as a tenancy by the entirety is exempt from execution under a judgment entered against only 1 spouse."

    557.151 Evidence of indebtedness payable to husband and wife; ownership in joint tenancy.
    Sec. 1. All bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife, or made payable to them as endorsees or assignees, or otherwise, shall be held by such husband and wife in joint tenancy unless otherwise therein expressly provided, in the same manner and subject to the same restrictions, consequences and conditions as are incident to the ownership of real estate held jointly by husband and wife under the laws of this state, with full right of ownership by survivorship in case of the death of either."

    However cases under the latter have held that Joint bank account of h&w is NOT "other evidence of indebtedness" and can be garnished by judgment creditor of one spouse.
    So while I still disagree with Brian that "all of your joint assets are potentially at risk, " a joint h&w bank or CU account could be garnished. Then it gets more complicated, because there is only a presumption of equal contribution. If for example the whole account consisted of earnings of one spouse the garnishment could be challenged.
    I do stand by the recommendation that he (or you) sign nothing before having an attorney review all closing documents.

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