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Mark H. Davidson

Mark Davidson’s Answers

63 total


  • Are aerial photos showing a fence for over 35 yrs sufficient to establish acquiescence between the various prop. owners?

    I live in the Milford MI area on 5 ½ aces. I am the 5th owner. The prop. to my west was owned by a couple for 35 years. A fence was put on my west property line in the late 70s, so the neighbors were aware for more than the statutory 15 yrs. MCL 6...

    Mark’s Answer

    Well I disagree with Mr Goldman on issue of adverse possession. You correctly identifies the issue as Doctrine of Acquiescence similar to adv poss but doesn't have to be hostile use or possession. If adjoining neighbors (including predecessors) appear to be ignorant of true boundary, ie. neither had survey done, then treat a marked line, usually a fence or hedge, as a boundary for 15 or more years that can become the legal boundary, but only after a judge orders that in litigation. Adv poss also has a defense of permissive use which does not defeat DoA. DoA also has a lower burden of proof, "a preponderance of evidence" rather that "clear and convincing" for adv poss.
    If you got the aerial photos from the USGS with certified dates they are good evidence.
    Finally on the question of the survey pipes, how are they making property unusable? If protruding you can pound them flush but don't remove them without court order. If it's about plowing, put lath and ribbon markers and go around them.

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  • Credit union won't do a short sale. If we let it foreclose, can they come after us for money.

    Credit union has never done a short sale and we really need to get out from under this house. We owe what is more than sale price and can't bring money to table for deficiency. If we walk away, can they sue us for money, if it is foreclosed.

    Mark’s Answer

    You should see an attorney asap knowledgeable in mortgage law. There have been statues recently enacted which may give you some relief, and you should at least find out what the timetables are. Too much to put in reply here due to many variables.
    If CU does foreclose by advertisement (not a court case) and it receives less than your balance, that is a deficiency it can pursue you for in a court case.

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  • Getting out of my lease? (VERY IMPORTANT READ BELOW)

    I've been haveing problems with my roommates all year and have expressed my desire to move out. This is a joint contract and my roommates have been uncooperative and said they would not let me sublease. I've been harassed, blackmailed and my perso...

    Mark’s Answer

    Your personal problems with co-tenants are not the landlord's problems. You will all be personally liable if landlord (or utilities) go to court for any unpaid balance of rent and damages to the premises. Good idea to see attorney in your area about your options.

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  • Is there a time frame difference to foreclose/forfeit on a commercial bldg vs residential? Is the redemption period 6 months?

    Tenant has not paid taxes in over a year and is now 2 months behind in payments, what are my options?

    Mark’s Answer

    Cannot answer unless know if mortgage, land contract or lease. You call them tenant but ask about foreclosure / forfeiture. Please clarify and I'll answer.

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  • 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.

    what i want to know is what rights do i have to the land. Because he likes to hold it over my head that he still owns the land, and no i have not paid any taxes on the land, because i can't see paying for whats not mine.

    Mark’s Answer

    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.

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  • Transfer Rental Property to LLC in MI

    I have a rental property in MI and want to transfer to an LLC. How do I do this and take my chances with the mortgage being called on the due on sale clause being activated. Renting out the home was just as much a breach of the contract as would b...

    Mark’s Answer

    • Selected as best answer

    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 adequate insurance liability coverage.
    Finally yes it will foreclose after payments seriously behind, but you would have at least a 6 month redemption period after the foreclosure sale.
    I think you should consult with attorney on these issues.

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  • What can I do to get this stuff moved, I want to get house cleaned up an ready to show a new Tenant, this is lost rent money

    Tenant left a lot of personal belongings in my house, been there for two weeks He keeps saying he needs time to get them picked up. It is a full basement of bags and furniture and a full garage of furniture

    Mark’s Answer

    If tenant hasn't surrendered possession (ie given you the keys) if his stuff is there he is still there, and you must evict him through court. If a landlord just moves stuff out the tenant can sue him for double damages (double the value he claims stuff worth if lost) in Michigan. With a judgment for possession after 10 days a court officer can literally put all that stuff out on the curb with no liability to you. If you personally serve the tenant, you can also get a money judgment for all rent until he's out.
    State of Michigan has excellent pamphlet on landlord - tenant rights. see

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  • I put an offer on a home with a deposit 3 weeks ago. The listing agent wanted information which in every aspect was given.

    I was preapproved for a morgtage. The sellers never countered but the listing agent said we had the house. But never sent the contract to seller. now they took another offer. Are their any legal actions I could take?

    Mark’s Answer

    I'm getting that you made an offer below listing price 3 weeks ago and you were dealing directly with Seller's agent. In real estate there are no enforceable contracts until written and signed by the parties. Did the listing agent say it writing, ie email or letter? If so was the offered price shown? Assuming not, I don't think you'd have case against agent because he didn't work for you.
    (disclaimer- issues involving real estate usually documents which should be reviewed in person by an attorney practicing real estate law for full analysis)

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  • Do I need to go through the eviction process when people were not charged rent?

    My Wife and I filed bankruptcy and moved from Farmington, Mi to Mt. Pleasant, Mi so we could be closer to her job. We let the house go and we were granted discharge of debts. We let her Daughter and Son move into the house to help them save money...

    Mark’s Answer

    There are definitely some missing pieces to your puzzle. You say you let the house go in bankruptcy. Did your bank/mtge co foreclose? If so it will get possession after 6 month redemption period runs out and will evict them anyway. Your bankruptcy frees you from the mortgage debt on the house. If house still in your name you do have the right to evict them and you should, to be on the safe side. If electricity in your name you could stop paying but if power gets shut off and you have sump pump you could have major water damage.
    You should contact attorney in Farmington asap for detailed advice according to the details of your situation.

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  • What is the legal procedure when you own a home, but someone else living in it changed the locks?

    My family moved in with my parents who were having health issues back in 2007. My husband's siblings asked us to not sell our home, and to let them take over mortgage payments. Within 2 years, the allowed it to be foreclosed on. The bank allowed u...

    Mark’s Answer

    I agree with Mr. Olsen's advice but would add some practical advice regarding insurance. If the property which is in your name doesn't have PI/PD and liability insurance coverage, get it immediately. The eviction of the other family member could get hostile and damage could be done. If somebody slips on the sidewalk etc etc you will be a Defendant as owner of the property.

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