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Mark H. Davidson

Mark Davidson’s Answers

69 total


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

    I live in the upstairs unit of a two-unit house and I do not have access to the downstairs unit. My downstairs neighbors control the heating element so that in the wintertime, I am dependent on them for heat. I always have to use space heaters in ...

    Mark’s Answer

    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.

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

    had my property surveyed and one of the survey markers was missing. did not think much of it then but now neighbors claim they own up the middle of my driveway and has picture to prove it. although my survey map shows nothing of the sort. now thr...

    Mark’s Answer

    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.

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  • Can I make a tenant pay property taxes on a property with a deed that reads joint tenants with full rights of survivorship even

    I live in a house that is paid off. I added my boyfriends name to deed " joint tenants with full rights of survivorship" I know I cannot remove him. He has moved out . Can I force him to contribute to property taxes.

    Mark’s Answer

    There may be a chance of getting him off the deed IF he never paid you anything for it, AND it was deeded in contemplation of marriage or other long term relationship AND there was a discussion about deeding it back if you broke up, OR if he tricked you into deeding somehow. It would take an expensive (probably) circuit court case. Other factor, how long ago did you do it? Otherwise I agree you could sue him for contribution for taxes insurance and necessary repairs.

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  • College student signed apartment lease but is transferring schools. Found a replacement but management wants to charge fee.

    I signed a lease for upcoming school year. Now I am transferring schools. I found someone to take my place. The management company won't let her sign until I pay $400 lease assignment fee. This is not stated in the lease. My parents were supposed ...

    Mark’s Answer

    Based on the facts you presented, assuming you were 18 when you signed it, you are liable. Did make any deposit when you signed?
    If lessor gets another tenant, it has "mitigated its damages" and can't sue you for any rent. The fact that you presented a replacement would be evidence that it could have replaced you.
    Unfortunately, attorney fees and inconvenience of litigation would far exceed the $400 it wants, but the key here is if they already hold any of your money. If not, they might let it go.
    A lot of IFS here.

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

    My wife and her mother are on the deed as JTWRS. I am not on the deed. My wife has not worked for 9 yrs. I pay the taxes and mortgage from a joint (my wife & I) bank account .

    Mark’s Answer

    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 question, neither living there nor paying mortgage gives you any "ownership."
    The above answer is generalized reply to an question and is not intended to be legal advice or establish an attorney-client relationship with you. If necessary you should meet with an attorney and provide the attorney with all relevant documents and get an attorney opinion or advice on your situation.

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  • Would I sue the police department and the home owner/land lord for an illegal eviction?

    I was illegally evicted from my residence. No notice no nothing...told to get out and leave all of my property behind. Now the home owner is trying to keep all of my property and the police say all I can do is sue. Unless I can find a lawyer qu...

    Mark’s Answer

    You should first call the District Court in your jurisdiction in Dearborn and make sure a case wasn't filed and a judgment for possession granted. remember landlord only has to post a copy of Summons and Complaint if you can't be personally served. If landlord did in fact wrongfully lock you out and your property in you have a complaint for "forcible ejectment and detainer" for double the value of property if it's lost. You really need an attorney as these claims and court procedures can be complicated. Good Luck.

    The above answer is generalized reply to an question and is not intended to be legal advice or establish an attorney-client relationship with you. If necessary you should meet with an attorney and provide the attorney with all relevant documents and get an attorney opinion or advice on your situation.

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  • 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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