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Questions Answered by Thomas. R. Morris
1 Answer | Asked in Contracts for Michigan on
Q: CA Corp was converted to MI. Can I list CA mailing address in contracts considering governing law clause?

My CA Corp was converted to MI, but I still use a CA mailing address. Can I list my CA mailing address in contracts? or add some distinction and add the MI address?

For instance: "by and between Rustoleum Works (the "Client"), of 436 Kings Way, Santa Barbara, CA 90678, and... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 5, 2024

The use of a Michigan address is not necessarily required, but it does help to solidify the jurisdiction clause. The wording of your jurisdiction clause could be improved because if there is federal diversity action, the litigation won't be in Oakland County since the federal court does not... View More

1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: I have transferred my property to an LLC and i want to make sure my personal assets are protected. see more info.

My name is still located on the loan and mortgage statement as the primary, but the house has been quit claim deeded to my LLC, sole member.

I'm also listed as additionally insured on the rental dwelling insurance. My main reason for transferring was to separate my personal assets... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 28, 2024

it sounds like you have taken a step towards limiting your liability for the operation of the rental property. There remains the possibility that you could be personally liable for accidents or other events associated with the rental property. This is one reason to have insurance.

Another...
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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My so is buying a condo in michigan on land contract. He put $22,000 down payment on $90,000 and paid all his payments

For 1 year. Then, he had a car accident and is paralyzed from the neck down. He probably won't return to the condo to live for at least a year or two. Can he get any of his deposit back or does he lose everything?

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 17, 2024

It may be possible to negotiate a resolution with the seller. It may be that the land contract permits the buyer to rescind the purchase in the event of a disability, but I have never seen that in a land contract. The law does not provide for the buyer to be able to rescind a land contract... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: A title company called to ask me to sign a quick deed for some land that I was going to buy last year. I didn't buy it.

Seems that my name is on the title, but I canceled the sell before putting any money down. Does this mean I own the land now? If I sign the quick deed, will I be somehow punished in the future for taxes or something else?

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 8, 2024

If a deed was recorded in your favor, you may own it. With ownership comes responsibility, as you observe. There is not enough information provided for an attorney to give a meaningful response, so you may want to consult with an attorney before executing a quit-claim deed and thereby giving up... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a quit claim deed from my aunt. What do we do when she passes to prevent the home from being ransacked by relati

What about extended stay in the hospital? Other relatives have keys.

Do we need a lawyer to change the locks? Install cameras? It transfers ownership immediately.

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 2, 2024

You seem to be unsure about your rights and responsibilities. If you intend to treat the quit claim deed as effective, record it with the register of deeds, take control of the home (including changing the locks) and act like an owner. You do not need a lawyer to change the locks unless there are... View More

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1 Answer | Asked in Contracts, Domestic Violence, Identity Theft and Libel & Slander for Michigan on
Q: I've lost everything. My Ex-husband stole my identity, 2019, and ultimately my home of 18yrs in 2021. Is there a case?

I have my warranty deed, as well as the warranty deed of the woman I purchased my home from before Matthew and I were even married. In our divorce it states we have no claim to any belongings or property of the other. Also in decree, this will come up later, I had my last name legally changed back... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 29, 2023

A forged deed is not valid. You can file suit to challenge the forged deed and regain possession of your property. The notary may also have liability, and the notary probably posted a bond in the amount of $10,000 from which you might recover. You should consult with an attorney because the... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: Property acquired through quitclaim deed has transferability restrictions to heirs at law, but the grantor is deceased.

There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 24, 2023

The term "heirs at law" is defined by MCL 700.2720 as those persons who would be entitled to a decedent's property if that person died without a will.

A deed does not have to expressly grant water or mineral rights. You did not state that the grantor reserved mineral...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I quit claim home to spouse. I have a judgement against myself only. Home is held in tenants by entirety.
Thomas. R. Morris
Thomas. R. Morris
answered on Aug 15, 2023

This conveyance could have negative consequences. For example, it could be the basis for the denial of your discharge were you to file bankruptcy. Moreover, the home is currently protected from the creditor according to the facts you gave. Whether you should follow through on your idea requires... View More

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1 Answer | Asked in Contracts, Construction Law, Libel & Slander and Small Claims for Michigan on
Q: We are a GC trying to collect most of final payment. Homeowner refuses to let us back for punch list- owes 6375

The contract amount is 20,875. This guy is a lawyer and a bully. He refuses to pay or allow us to finish minor details. What can we do? He also left a nasty google review full of lies

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 10, 2023

I see three remedies:

1. A construction lien. I am not going to write up all of the steps because it is somewhat complicated and we don't have enough facts to determine whether the remedy is available.

2. A lawsuit against your customer to collect the balance.

3. A...
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2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 21, 2023

The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public... View More

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1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Michigan on
Q: I owed SBA disaster loan of $24,000 and then in 2019 I did a chapter 7 due to financial problems, .

The sba loan was discharged, the problems is, everytime I try to refinance my house, they still block the refinance and demand the $24000 , and banks back away.

Is this legal what they are doing or illegal?

What can I do for them cease-and-desist?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 13, 2023

The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... View More

1 Answer | Asked in Contracts, Estate Planning and Probate for Michigan on
Q: As the beneficiary of

As the beneficiary of a deceased insured, do I have the legal right to give the insurance company authorization to

Disclose the deceased, personal medical information? I am the deceased’s wife. They want me to sign a paper and give them that right. Is that legal for me to do? I did have... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 25, 2023

The Michigan statutes on decisions to be made regarding the body of a dead person use the term "next of kin" to refer to the class of persons who can make such decisions. As the widow, you would be the "next of kin". Therefore, you would be a person with authority to make... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 5, 2023

Did you sign a lease that obligated you to pay rent for a period of time that extended past the date on which you moved out? I suspect that there was a lease, and it went through July 2018. If so, the fact that you notified the landlord of your intention to move probably makes no difference.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is saying that an easement or an amendment to an easement "is appurtenant to the (dominant name) parcels" sufficient to

ensure it runs to successors. (ie "runs with the land") in a recorded document.

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 30, 2022

One cannot determine in the abstract whether that’s sufficient. I would want to look at the whole document and entire transaction. One example of a phrase that would clarify that it runs with the land is “the easement runs with the land”.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Do attorneys in a city tend to avoid taking preexisting cases where an attorney has been let ago even if it has been win

winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 28, 2022

I don't have enough information to answer your question, but here are some observations:

1. If both sides accepted case evaluation, then the attorney should not need your permission to proceed to obtain a judgment.

2. If you agreed in mediation to a settlement, then it may...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can you leave your half of a house in a will or trust with joint ownership? Two people on mortgage and deed?

Can my boyfriend will or trust his half of our joint ownership house to someone? Put his half in a will?

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 20, 2022

No, joint ownership includes survivorship, meaning that the survivor of the joint tenants takes title. A tenant in common could devise or place in trust his interest as a tenant in common.

1 Answer | Asked in Real Estate Law for Michigan on
Q: We own our own home and land. We are in our 80's. What I want to know is what do we have to do to put our daughters name

didn't let me finish to put our daughters name on the place.

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 17, 2022

The simplest way is to execute a quit-claim deed to your daughter as grantee. However, you should consult with an attorney to explore the options available. Do you intend that she own the property outright, immediately? Do you intend to co-own it with her until your death so that she takes title... View More

2 Answers | Asked in Contracts, Collections and Small Claims for Michigan on
Q: My ex thegirlfriend two years ago gave me money from what she told me was her savings account to get my car fixed $3000

Total $3000 turns out the money I believed to be her personal funds was actually a personal loan from the bank that she did not disclose. Now two years later the loan was paid back and she’s insisting I pay her back. Nothing is in writing and my name was not listed as a borrower nor did we... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 27, 2024

If you agreed to pay her back, then you owe her the money and she might be able to sue to get a judgment.

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2 Answers | Asked in Collections for Michigan on
Q: Good morning I was served a summons for being sued how do I respond?

A few months ago I sent out Settlement letters to original account holder with no response and now this?

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 6, 2024

I agrrt with the prior answer, but the important question is whether you have a defense to the claim. if you do not raise a valid defense, the creditor will be entitled to a judgment. In that case, filing an answer might not do you any good.

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