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Questions Answered by Thomas. R. Morris
2 Answers | Asked in Real Estate Law for Michigan on
Q: Mom decided to add my name to the deed found out she added my sons name on it so now i need to no which deed is real
Thomas. R. Morris
Thomas. R. Morris answered on Mar 10, 2021

By real, you must mean effective. Find out which deed was recorded with the register of deeds. That will provide a partial answer, but we need more information in order to determine the state of title to the property.

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1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Our waste removal contract requires 60 day notice to cancel before our expired contract auto renews. Can we break this?

The contract expires 3/8/2021. We notified the waste removal company that we intend not to renew the contract on 2/23/2021, but contract terms force us into renewal unless a certified letter was mailed on or prior to 1/8/2021. We are not happy with service, and we would like to avoid this ongoing... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Feb 23, 2021

The renewal provision is probably enforceable.

If the hauler is not performing in accordance with the contract, notify it in writing of the deficiency. Perhaps you can terminate the contract if the deficiency is not cured. Without a copy of the contract, I am at a disadvantage in trying...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: my father passed away 2 days ago. no will. my brother changed locks to house. refuses to let me on the property

is it legal for him to be taking ownership yet? what are my rights? how do i get an attorney for this matter? how do you proceed to probate?

Thomas. R. Morris
Thomas. R. Morris answered on Feb 2, 2021

If your brother was the joint tenant of the house with your father, he acquired sole title upon your father's death and would be within his rights to exclude others. However, if your father was the sole owner of the house, and died intestate (meaning without a will), then his children,... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I sue a home inspector who had falsely report roof conditions?

Hired Home inspector before closing on a home. Inspector's report stated roof was in good condition for 6-10 years. I purchased home. Less than a month of owning home, Homeowners insurance company stated roof was in terrible condition. I had to replace roof before I could be insured. Looking... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jan 31, 2021

I am skeptical of your chances because the typical home-inspection contract contains strong disclaimers. Also, no roof lasts forever and the characterizations of the condition are subjective. Given that the typical roof lasts for 20-30 years, the inspector’s estimate may not have been far off.... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Six of us are on the deed to a property. We are all over the US. Can we designate one person to handle the sale?
Thomas. R. Morris
Thomas. R. Morris answered on Jan 29, 2021

Yes, one person can handle the sale. But what do you mean by the "sale"?

For the conveyance, you could have five each execute a power of attorney. Or, you could each execute a deed, but that would result in six recording fees being paid. Or, you could each execute a separate...
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3 Answers | Asked in Bankruptcy for Michigan on
Q: Is a civil subpoena for a debt from New York State enforceable in another state?
Thomas. R. Morris
Thomas. R. Morris answered on Jan 23, 2021

I’m not sure what you mean by a civil subpoena for a debt, but a judgment issued by in New York court is enforceable in any of the states. The United States Constitution requires that a stake in full faith and credit to judgment rendered in another state. That means that a judgment issued by a... Read more »

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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 »

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