I think that you misunderstand what happened. It sounds to me like the property went to foreclosure sale, the mortgage holder purchased a sheriff's deed at the sale by "bidding in" the debt, the redemption period expired, and the mortgage holder became the absolute owner of the... View More

The transaction is questionable. We would need to review the company's articles and bylaws to identify the steps necessary to authorize such a payment, and we would need to review documentation of the payment to assess compliance with the articles and bylaws. Another issue is whether this is... View More

Was the property owned by your father, aunts and/or uncles as tenants in common? I presume so, or else the survivors would own the property and your father's share terminated.

The will may govern disposition of your father's interest in the property as a tenant in common, but... View More

Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More

Once the loan has been made and the mortgage granted, "qualification" for the loan is not an issue, provided that the loan is a standard residential mortgage. Some commercial loans, in contrast, have financial covenants that are an ongoing obligation on the part of the business to... View More

No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call... View More

Banking law prevents you from suing the bank for honoring the request by a joint account owner for money from the account. I don't believe that a joint account owner commits a crime by taking money from the account that is legally his money. That leaves two questions: 1. Could you sue... View More

If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.

The criminal matter should be referred to the police. You could sue him based upon the threats of arson... View More

Under Michigan law, a will does not have to be notarized. See MCL 700.2502 for the requirements. It is reprinted below. Having a valid will is the first requirement. You will also need to have the will probated.

700.2502 Execution; witnessed wills; holographic wills.

Sec. 2502.... View More

The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More

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

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

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... View More

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

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

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

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

You need to ask whether there is advantage or virtue in not showing preferential treatment. If you don’t have enough to repay everyone in full, you might want to use your own best interest as the criteria for deciding who to pay. An attorney could help you to choose between different options to... View More

The dealer was a bailee required to to use ordinary care. Unless the dealer was negligent, and it does not sound like there is negligence by the dealer, the loss is yours and you should contact your insurance company.

This information is provided for discussion and does not constitute... View More

The collector can sue, but if you properly raise the statute of limitations as a defense, and no payment was made on the debt in the last six years, you should win. You may have to defend the suit to assert this defense.