Commercial lease disputes, purchase agreement and title disputes, land contracts, guaranty enforcement, and foreclosure-related litigation.
Real estate disputes in Michigan are heard in both the circuit courts and the district courts, depending on the claim and the amount at stake. The firm represents owners, landlords, tenants, buyers, sellers, lenders, and guarantors in commercial and residential property disputes.
Lease disputes include nonpayment, defaults on use and maintenance obligations, and claims at the end of the term. Possession is usually recovered through summary proceedings under MCL 600.5701 et seq., and claims for unpaid rent and damages may be brought in the same action or separately. A personal guaranty of the lease is often the most important source of recovery and is enforced under ordinary contract principles.
When a sale falls apart, the disputes concern whether a party breached, whether contingencies were met, and whether the buyer can obtain specific performance. Title disputes, including boundary and easement questions, are resolved through quiet title actions under MCL 600.2932 and related claims.
Land contracts remain common in Michigan. A seller may pursue forfeiture through summary proceedings or foreclose the land contract in circuit court, and the choice affects the buyer’s rights and the timeline. The firm handles both, for sellers and for buyers. Disputes also arise over taxes, insurance, and the condition of the property during the contract term.
Most Michigan mortgage foreclosures proceed by advertisement under MCL 600.3201 et seq., followed by a sheriff’s sale and a statutory redemption period. Disputes arise over notice, the amount owed, the redemption period, and deficiency claims after the sale. Where the property produces income, the firm also handles the appointment and work of receivers.
Most Michigan mortgages are foreclosed “by advertisement” under MCL 600.3201 et seq., which allows a sheriff’s sale without a lawsuit if the mortgage contains a power of sale. After the sale, the borrower usually has a statutory redemption period, often six months for many residential properties, though the period varies with the property and the circumstances. Errors in the foreclosure process can sometimes be challenged, but timing is critical.
The seller can generally choose between forfeiture, a summary proceeding in district court under MCL 600.5701 et seq., and a judicial foreclosure in circuit court. After a forfeiture judgment, the buyer has a redemption period whose length depends on how much of the purchase price has been paid. The land contract’s terms and the notices given before filing are often contested.
Because each parcel of real estate is considered unique, a buyer may be able to ask the court to order the sale completed (specific performance), in addition to or instead of seeking damages. The purchase agreement’s contingencies, deadlines, and remedies clauses usually shape the case. A notice of the lawsuit (lis pendens) can be recorded to protect the buyer’s claim while it is pending.
Michigan’s Seller Disclosure Act requires a disclosure statement in most sales of residential property with one to four units. A buyer who was misled may have claims for fraud, silent fraud, or misrepresentation, and an “as is” clause generally does not protect a seller who committed fraud. The disclosure statement, inspection report, and communications before closing are the key evidence.
An action to quiet title under MCL 600.2932 asks the court to determine who owns the property or an interest in it. Boundary disputes may also involve claims of adverse possession or acquiescence, which in Michigan generally require 15 years of qualifying use. A survey and title review are usually the first steps.
These answers are general information about Michigan and federal law, not legal advice about your situation. Contacting the firm does not create an attorney-client relationship.
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