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 »
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...Read more »
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.
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.
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 »
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 »
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.
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.
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.
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.
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 »
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 »
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?
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 »
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."
I've been told if I ask for seller to fix they could cancel contract and fix on their own. (There is supposedly 2 more offers that came in after our contract was closed, 1 is 10% more than we offered) Can I legally force them to resolve the mold or will i risk losing home, since they can... Read more »
If the contract is worded as I expect that it is, which is to give you the option of cancelling the purchase in the event of an unsatisfactory inspection, and to give the seller the option, but not the obligation, to try to remedy the defect, then you cannot force the seller to resolve the mold...Read more »
I planted them in the alley, it has since been condemned and the trees are now on the half that my neighbor gained by less than 2 feet. I have offered to buy the land and he refuses. Is there a way I can legally remove the trees? Or anything at all?
A tree, once planted, becomes part of the land. It belongs to the landowner. That’s the simple answer, but there are possible exceptions. For example, rights to timber can be owned separately. I think that your neighbor owns the trees.
I am an international student planning to study in the US (Michigan). There is a strong chance I won't be able to get my visa and actually move in, but my landlord is saying that if that happens I will still have to pay all rent due under my lease. Is this true?
It may be true. If you want to avoid liability you could insist that the lease provide for your option to terminate it if you don't receive the visa. If it's too late and the lease has already been signed, you could try to sublet the leased premises. We would have to examine the lease...Read more »
Once the closing of the sale occurs and you become the owner of the property, you will be legally entitled to evict the occupants. Whether and when the district court will process and enforce an eviction becomes the issue. Evictions are being adjourned until after May 1, or some other date, by the...Read more »
The question is not altogether clear to me, but it sounds like the insurance payment is property of your grandmother's estate, and that a probate case needs to be commenced in order to deal with the payment. An attorney with the whole picture will be able to guide you through the probate...Read more »
The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?
In other words, your husband was a joint owner. With his death, he ceased to be a joint owner, and you became the sole owner. The land records won't reflect that fact until his death certificate is recorded.
If the deed naming you as a joint owner is already recorded, there is no...Read more »
The reason I filed is contractors destroyed our house making it unsafe. we fell behind on bills and had to file to avoid losing house. The trustee stated that my house is worth more than I stated; however I informed her about the damage and the amount to fix it. House is now in possession of bank.... Read more »
This is too complicated and the facts too sparse for effective discussion in this forum, and you should consult with an attorney, privately, so that the advice you received is confidential. You may be able to file a motion to compel the trustee to abandon the property, but to do so would probably...Read more »
My Chapter 7 has been reopened due to receiving assets, the judge ordered trustee to file final report on June 1, 2019 but I havent gotten any information since then and the status of the case is still "awaiting trustee's report"
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