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Questions Answered by Thomas. R. Morris
1 Answer | Asked in Collections for Michigan on
Q: Can I have my wages Garnished if I never received a court date for a lawsuit against me?

Credit Acceptance sued me for a loan that they doubled. I never got a court date for the law suit or anything after for any other court dates for wage and tax garnishments. They are taking HALF of my paycheck every week.

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 3, 2024

If you were not served with the summons and complaint, you may have a basis for setting aside the judgment and stopping the garnishment. Also, a wage garnishment is limited to 25% of your net take-home pay. However, you need to file something with the court to raise these issues, and most people... View More

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 Car Accidents, Civil Litigation, Collections and Identity Theft for Michigan on
Q: I'm renting a home and I have a feeling the person does not own it. I looked up the homea d it shows a different owner

Also says home is not occupied what should I do

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 9, 2024

The question "What should I do" is too complex to answer here. You may wish to consult an attorney to identify your options. There are several options, and the choice between the options will depend upon a number of factors.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I regain ownership of the property through a quiet title lawsuit?

Hello,

I am a resident of a country other than the United States.

My real estate agent transferred my property in Michigan free of charge (quit claim deed) to his company without my consent and with a forged signature. He then sold it to a third party.

My real estate agent,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 9, 2024

Yes, you can regain title even if the third party is innocent. This answer is based upon the facts that you provided, and certain assumptions. This is likely to be a complex situation, and it's not possible to predict the cost of a quiet-title lawsuit without more facts. You need to consult... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Am I responsible to clean up leaves from my tree that fall in my neighbor's yard?

I have a tree in my yard where some of its leaves fall into my neighbor's back yard. The neighbor will then take leaves from their entire property, including their front and side yards, and dump them on my side of the fence. Am I responsible for cleaning up their side of the fence? Can they... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 14, 2024

No to both questions under the Massachusetts rule, but I do not believe that the Michigan courts have ruled definitively on this topic.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: My city wants to plant a tree in the easement area betweent he sidewalk and road - can I stop them if I dont want the tr
Thomas. R. Morris
Thomas. R. Morris
answered on Oct 18, 2024

Probably not, but you can discuss your preference with the city. The "easement" you refer to may be land owned by the city, and if it is indeed an easement I expect that the city's rights with respect to the easement include determining whether to plant a tree.

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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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2 Answers | Asked in Real Estate Law for Michigan on
Q: can my ex fiance force a buyout if her name is on the deed but i am on the deed and mortgage.

I am writing to inquire about a situation concerning the property at [address], which I co-own with my ex-fiance. I am seeking clarity on the legal implications and potential outcomes in our current circumstances.

To provide some context, when we purchased the property, my ex-fiance's... View More

Thomas. R. Morris
Thomas. R. Morris
answered on May 13, 2024

Yes, your ex-fiancée could institute a partition action to force a sale. This is one example of the actions that could force a sale.

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1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Does a Michigan LMSW-C interested in forming a private practice that offers multispeciality services need a LLC or PLLC?

Does a Michigan LMSW-C interested in forming a private practice that offers multispeciality services (i.e. lactation, training, consultation) need a LLC or PLLC?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 18, 2024

If the LLC Is going to offer services for which a license is required, it must be a PLLC. MCL 450.9201, 9202.

2 Answers | Asked in Real Estate Law for Michigan on
Q: dad quitclaimed house to brother before he died. "terms of sale" is listed as 26-partial interest, what does this mean

My brother said, in order to avoid probate, my dad would have to quitclaim all properties over before death, something that my siblings and I still argue about after 15 years. I thought that when you quitclaim a house to family that it would show up as 09-Family. What is this 26-partial interest?... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 7, 2024

The term "26-partial interest" has no meaning to me.

You can determine record ownership of the house by reviewing the land records, but if you are no trained to understand them, they may have no meaning to you. An attorney could probably answer your questions quickly.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: I sold a house on a land contract. Buyer is 3 months behind on his payments, property taxes and water.

I took the buyer to court. Buyer was served a forfeiture notice. He did not show up and case was ruled in my favor (Failure to appear). Now the case is scheduled for a review. We do not have to go to court. Do I need to send the buyer or court anything? What will happen next?

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

Without knowing whether you pursued a foreclosure or a forfeiture, I cannot tell what the “review” entails.

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1 Answer | Asked in Collections for Michigan on
Q: Can creditors get together to request a collective Debtors Exam? Can they subpoena more than one person or LLC at once?

There is a group of people with 9 judgments, that total several million dollars, and name either the husband or wife and/or one of three LLC's they operate. They are spread over four counties and three courts. No one in the group has received any payment on the judgments whatsoever yet, the... View More

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

There is no rule of law restricting creditors from cooperating in their collection efforts. These creditors would benefit from an attorney with experience in collections and bankruptcy.

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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