Questions Answered by Thomas. R. Morris
Q: Can the previous franchise we owned legally force us to repaint our vehicles?
We owned a Servpro restoration franchise. 2 years ago we sold our license instead of renewing, and went on our own. We took all labeling off the vehicles. Servpro is now telling us that we have to have the vehicles repainted. They do not have the color trademarked. The vehicles were never... Read more »
The franchisor can make you stop using their trademarks. You may be correct that the color is not a trademark, but did you agree in the franchise agreement to comply with this request? If repainting is not covered by the agreement or by trademark law or by state competition law (which might be... Read more »
Q: Can a debt collector put a freeze on your bank account if your disabled and receiving social security benefits?
We have a joint bank account. I work, however my husband is on disability. An attorney's office has frozen part of our savings account. Can they touch this if the majority of the money in the account is from my income.
Yes, unless you object to the writ of garnishment to raise the issue. The court does not automatically know that the social security proceeds are exempt.
Q: How can i have a property lien removed?
The lien is not mine and was placed on it 17 years ago by the Department of Justice. I purchased the property 3 years ago through Detroit landbank authority and am trying to sell it. What are my options? Also prospective buyer found the lien through a title search?
You need to consult with an attorney who can review the land record and the documentation of the lien. It's not possible to provide an answer to your question without a review of the particulars.
Q: Help me under stand property ownership real estate laws. The perpetrators don't give two hoots about my health.
Can someone take over your property and enter, make changes, hookups to property, utilities,electrical
phone, water, heat, drill holes in walls. I am not a criminal I am old but not incompetent. . .even if this was so, my family should be contacted and they should be asked for permission.... Read more »
Maybe a family member or friend could help you to determine who is doing what. This is not yet a legal issue, because, as Mr. Zichi said, what is happening has not been determined.
Q: my parents are separating and my stepfather won’t contact or cooperate with listing their home. How can my mom proceed?
He has moved out. She’s trying to list the house because she can’t afford it on her disability alone. He won’t communicate with anyone. She’s trying to move forward with the process to prevent losing the house. Is there a way she can try to make this work? Any help is appreciated.
Divorce is the legal process that seems to be the best candidate. There are other legal processes, such as a personal bankruptcy, that might cause the process to move forward as well. Your mother should consult with an attorney.
Q: Bankruptcy and Divorce?
My wife and I are planning to divorce. The problem is that neither of us can afford to live alone and our debts are so intertwined between us (both names on everything) that splitting it would be impossible. We're considering a bankruptcy to simplify the process. I believe we make too much to... Read more »
Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.
Q: Do we HAVE to payback a gift with no documentation?
My MIL offered us money to buy a house. She paid for it, and had us leave her out of all documentation. Then, tells us she took a mortgage out on her own home to give us the money, and wants us to pay it back. We felt trapped and paid payments. Now she is talking about “pulling our house”... Read more »
If this was a gift, you do not have to repay it. If it was agreed to be a loan, she is entitled to seek repayment. But, even if it is a loan, it is not secured by a mortgage on the house and although she has remedies available, those remedies do not include "pulling" your house. If you applied... Read more »
Q: Being evicted from land contract home. Can I remove improvements I made like cabinets, stairs, flooring, water htr etc?
Short answer: No. A different answer is possible if the land contract gives you that right, but I doubt it.
Q: The apartment i live in has a management corp. running the complex. Can i sue both owner & mgmt or just mgmt?
I did not know that i had to state a claim upon which relief could be granted in ordet to have a question answered sir.
Please forgive me. - - the question is this i have a lease with apartment complex. Section 1 states: Lease is between me and owner LLC, however Section 2 states: for... Read more »
You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents,... Read more »
Q: If I buy a replica designer bracelet for about $20, then I resell it for the price of the real bracelet about 7,000
is it illegal?
Not in the abstract, but look out for MCl 445.903.
Q: How do I get back an engament ring I thing it has been pond
If you gave an engagement ring to your fiancée and she pawned it, that would be an anticipatory repudiation of the contract for marriage. Under Michigan law, the gift of an engagement ring is a conditional gift, so if you find it in a pawn shop, you can claim to be the owner. In other words, I... Read more »
Q: Does my ex-wife have the right to list for sale our jointly held real estate property without my involvement?
My Judgement of Divorce from a year ago states that our home has to be sold immediately as of Jan 1, 2019. My wife tells me she has listed it for sale but I can find no evidence that this is true. She will not give me the name of the Realtor that she used so that I might verify what she says.... Read more »
If you cannot find evidence that the property is being marketed for sale, then the marketing is not effective.
If you are still a co-owner of the property, her entry into a listing agreement won't be effective. You would not be obligated to sell the property were a buyer to be found.... Read more »
Q: what do I need to do to sell a home jointly owned by me and my incapacitated mother?
My Mother is suffering from Alzheimer's Disease and the general POA that I have will not cover selling property.
You will need to have a conservator appointed by the probate court. The conservator could potentially be you.
Q: My parents filed chapter 13 bankruptcy. Sold me their house for less than it's worth. Trustee wants to sue me for equity
I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... Read more »
You need to discuss this confidentially with an attorney, not on a public forum like this where the trustee can see your questions (and answers) and use them against you.
Q: My fiance and I bought a house. He is on the mortgage , both on deed. Can he remove me from the deed without consent?
We live in Michigan
Not easily. A judicial procedure, such as partition, could “remove” you from the deed. And if ownership is joint, your death would vest title in the survivor. But a co-owner cannot simply “remove” you from ownership.
Q: Can an old owner continue to ask questions and request documentation on certain transacafter the sale of the business
The former owner can always ask, but the buyer may not have a contractual obligation to respond to the questions, so it may be difficult to use the law to require the buyer to respond.
Q: Is it mandatory in the State of Michigan that the seller have Title Insurance included in the closing costs?
I had to buy title insurance at the time of purchase. Why had this additional cost for the seller at closing?
Title insurance is not a legal requirement, like liability insurance for the operator of an automobile. It is customarily charged to the seller because it is the seller that may be providing to the buyer a warranty of title.
Q: We bought our home and paid to have it set up on someone's else property. The man has passed and family trying to evict
It's been 4 year since the man has passed. No one came for rent until they are saying we owe 10,400.00 in back rent after 4 years.
You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your... Read more »
Q: Can I get someone to collect on a loan if it was just a verbal agreement?
A loan generally does not need to be in writing to be enforceable under Michigan law.
Q: Want property conveyed as "husband and wife or the survivor", is this not possible in Michigan
This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.
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