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Questions Answered by Thomas. R. Morris
2 Answers | Asked in Real Estate Law for Michigan on
Q: Do I have to have an expired judgment lien discharged in court?

I co-own a property with someone who had a judgment lien attached to our property. It is expired after 5 years and was not rerecorded. I know it will show up in a title search but will it be an issue?

Thomas. R. Morris
Thomas. R. Morris answered on Dec 28, 2020

The title company, in issuing a policy of title insurance, should recognize its expiration after five years and not require that you take further action to confirm its expiration.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Michigan on
Q: How do I divest myself of interest in an LLC; 50/50 Members in a dispute. Accountant says I can turn it over to State.

Accountant says I can turn it over to State of Michigan division of corporations.

Thomas. R. Morris
Thomas. R. Morris answered on Dec 11, 2020

There is no procedure for the state to accept a transfer to it of a membership interest in an LLC. It should be possible to resign as a member. You should consult with an attorney who can review the entire situation, and the accountant may be useful for advice as to potential tax consequences or... Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a tenant in common force the sale of the entire property to get their share of the property value?

We do not agree to the buy out amount they are asking us to give them. Not sure if Michigan law prohibits them selling the entire property (hunting land and a camp on the property). Are they only permitted to sell their portion?

Thomas. R. Morris
Thomas. R. Morris answered on Dec 10, 2020

It is possible to seek a partition of the land in court. A full description of the process is not possible. You should consult an attorney.

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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I was wondering how to cite this case seeing as it has no respondent.

I am writing a paper for my AP Research course, but because there is no respondent I am unsure how to do so. In case you are unable to see what case I am referring to it is Courtney Wild's Petition for Writ of Mandamus to the US District Court for the Southern District of Florida. Thank you... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Dec 9, 2020

To cite a case in the form used in a legal brief, refer to "A Uniform System of Citation", also known as the Blue Book. A style guide for writers may be useful, depending upon the preference of your instructor and the rules you have been asked to use.

If you look up the case you...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: The title company says they need a copy of my divorce decree. The problem is I've never been married.

The divorced individual has the same name as me. I have two middle names and the first one is the same as his. They won't clear the title, what do I do?

Thomas. R. Morris
Thomas. R. Morris answered on Dec 7, 2020

Inform the title company of the facts. They may want an affidavit from you to be filed with the register of deeds.

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1 Answer | Asked in Business Law and Civil Litigation for Michigan on
Q: LLC in its own right may not sue a 50 percent Member shareholder except for what circumstances? Are there citing cases?

Business Court. I need an attorney for limited scope representation to dismiss an action by a LLC against a Member of the LLC. The question is whether the LLC in its own name may sue a Member without 90 day notice in advance and under what circumstances.

Thomas. R. Morris
Thomas. R. Morris answered on Dec 5, 2020

The Michigan LLC Act does not require advance notice prior to a suit against a member. Does the operating agreement for the LLC so provide? If not, and unless the LLC was formed in a jurisdiction that has an advance-notice requirement, there is no such requirement.

2 Answers | Asked in Contracts, Business Law and Civil Litigation for Michigan on
Q: Does Michigan LLC Member have to be represented by an attorney when answering a complaint filed by a Member for the LLC

LLC filed a complaint against a MEMBER in the LLC on behalf of the LLC and the Judge said I have to have an attorney but a lawyer told me I don't need a lawyer because I am not defending the LLC

Thomas. R. Morris
Thomas. R. Morris answered on Dec 3, 2020

Yes. The LLC is a separate entity that cannot represent itself and therefore must be represented by an attorney.

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Our landlord just died, no will. His sister wants no expense of a second home; she thought of transfering mortgage to us

The sister and brother are only heirs, the brother wants nothing. The sister said the landlord talked highly of us, she cannot have the expense of a second mortgage & she would like us to have the home yet needs to figure out the mortgage. She had asked us to keep depositing our monthly... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Oct 20, 2020

A probate case may be necessary in order for the heirs to convey title to the property. If you have the cash or could get financing to pay off the mortgage, the transaction is fairly simple for an attorney to handle.

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2 Answers | Asked in Copyright and Business Law for Michigan on
Q: Does Huntington's trademarked "welcome" prohibit if I say "Welcome to Crossnik Media" in a single advertisement?

I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Oct 19, 2020

In order to give definitive advice to you I would want to know all of the facts, including your proposed use, but I can say for certain that the bank does not have exclusive rights to that the word "welcome". I don't see any possibility of confusion if you are using "welcome... Read more »

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1 Answer | Asked in Contracts for Michigan on
Q: I have a contract between us & a school, but was signed by a third party company. The third party company was

responsible for paying their bills. They did not pay us. Do we have to go after the school because that's who the contract is between or can we go after the third party that signed the contract?

Thomas. R. Morris
Thomas. R. Morris answered on Oct 14, 2020

It sounds like the contract was with the third party, in which case you need to pursue the third party. An attorney could review the documents and make that determination.

1 Answer | Asked in Contracts and Civil Litigation for Michigan on
Q: Do I need to answer summary judgement motion if I'm waiting on court hearing

I field a motion to dismiss and filed for hearing . The plaintiff filed a motion for summary judgement last week . My question do I have to answer them if I'm waiting for my court hearing ?

Thomas. R. Morris
Thomas. R. Morris answered on Oct 3, 2020

Yes, or the motion may be granted, meaning that you lose the suit. You may want to consult an attorney.

1 Answer | Asked in Civil Litigation and Contracts for Michigan on
Q: If I move out of my apartment am I responsible for utilities in my roommates name if I still pay my half of rent

I'm planning on moving out and I still have a lease on my apartment, my roommate wants to take on the full lease at a later time, until then am I responsible for the utilities in her name until then or just what's in my name? We have no agreement outside of the lease with the apartment... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Sep 3, 2020

Once we get the facts laid out, the answer will become clear.

If the lease is in your name and you move out with the expectation that the roommate is going to sublet from you, you and the roommate need to determine the terms of the sublet. If the roommate is going to "take on the full...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: Mom had a mortgage and died recently. No will I'm the only child being made Executor. What are options keeping the home.

Am I able to assume her Mortgage and keep making the payments or am I required to sell the home and land. I want to keep the property and can make the payments. But I don't know how the process goes and am feeling overwhelmed.

Thomas. R. Morris
Thomas. R. Morris answered on Sep 1, 2020

You can keep the property and continue making payments. Federal law, 12 USC 1701, invalidates a due-on-sale clause in this instance. You may want to confirm this with the lender because, although I believe this law to be applicable, there may be facts of which I am not aware.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I live in a trailer park can the manager come on the leased piece at any time or do they have to give notice

they are saying they will come and take my trump sign in my front yard

Thomas. R. Morris
Thomas. R. Morris answered on Sep 1, 2020

I expect that the lease provides the landlord with the authority to maintain the property. If the lease does not permit you to post a sign on the property, I expect that the lease would permit the landlord to enforce the lease by removing a sign. Without reviewing the lease, I cannot determine... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Is the seller of a house allowed to hold an estate sale after we've closed on the house?

She has until Aug. 30th to leave and is holding an estate sale on the 24th, 25th. We own the property now though. Is this legal? We also see the estate sale pictures have our home's window screens alongside items being sold. Our real estate agent has told us she's allowed to hold the sale... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Aug 20, 2020

When you sold the property and allowed the seller to remain you formed a landlord-tenant relationship. Do the terms of the lease restrict the tenant’s use such that a sale is prohibited? I doubt it, especially because a moving sale is to be expected.

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2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: An "Application for Leave to Appeal" in the Michigan Supreme Court by 8/26. How much should I expect to pay?

Drug case

Thomas. R. Morris
Thomas. R. Morris answered on Aug 11, 2020

The filing fees charged by the court are listed on its website. If you are going to file an application for leave to appeal with the Michigan Supreme Court, you may want to consider hiring an attorney.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: What do I file to remove an Affidavit of Interest that was filed fictiously against my property at the register of deeds

It was filed by tenants I am currently evicting due to them breaking the lease (which was a lease with option to buy when I decided to sell) that expired 2 years ago. They told me they aren't buying it and to take them to court to remove them.

Thomas. R. Morris
Thomas. R. Morris answered on Aug 10, 2020

If you are filing an eviction action, add a count to your complaint to ask the court to declare the affidavit invalid, to order it removed from the records, and seeking damages for slander of title. This is too complicated to tutor you on. You should probably hire an attorney.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I won a lost wage disabilty claim against my auto insurance company and I just filed bankruptcy can creditors take it?

I am currently not working and have not for the last 2 years due to an auto accident injury and am actively seeking social security disability at the moment

Thomas. R. Morris
Thomas. R. Morris answered on Aug 4, 2020

The issue is whether the claim, or the money you received or will receive, can be claimed as exempt in the bankruptcy case. Another relevant consideration is the chapter of your bankruptcy case. In chapter 13, for example, the trustee does not always take control of non-exempt assets. You need... Read more »

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Michigan on
Q: I made an oral lease agreement but want to cancel and have the deposit back.

I made an oral agreement to sublease the defendant's apartment room for 4 months and I paid the first-month rental as a deposit. Twenty hours after I paid the money, I decided not to rent this room and requested my deposit back, however, he refused to give the money back. He said he... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jul 19, 2020

I don’t like to be the bearer of bad news, but I don’t see a basis for a rescission of the lease, or a claim that the other party breached the agreement, so I would say based upon these facts, that the landlord is in the right. Is there a basis for a claim that the landlord breached the agreement?

4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: Can second mortgage lender seek post-sale deficiency judgement after liability was discharged in Chapter 7

In 2009, my neighbor filed for Chapter 7 bankruptcy and kept her house with two mortgages, 100k+ and 25k. Her personal obligation for the second mortgage was discharged. A loan modification of the second mortgage in 2015 adjusted the principle, term, and interest rate. In late 2017, my... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jun 24, 2020

If the borrower on the second mortgage loan received a discharge in bankruptcy, and did not reaffirm the debt, that borrower no longer has personal liability, and cannot be pursued for the loan, whether or not the amount owed is a "deficiency."

There are some assumptions in your...
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