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.
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 »
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... Read more »
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?
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 »
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 »
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 »
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... Read more »
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 »
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?
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.
Accountant says I can turn it over to State of Michigan division of corporations.
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 »
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?
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.
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 »
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... Read more »
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?
Inform the title company of the facts. They may want an affidavit from you to be filed with the register of deeds.
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.
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.
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
Yes. The LLC is a separate entity that cannot represent itself and therefore must be represented by an attorney.
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 »
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.
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 »
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 »
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?
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.
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 ?
Yes, or the motion may be granted, meaning that you lose the suit. You may want to consult an attorney.
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.
they are saying they will come and take my trump sign in my front yard
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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