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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
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
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
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... View More
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?
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
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?
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
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?
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
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.
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
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
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.
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.
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
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.
A few months ago I sent out Settlement letters to original account holder with no response and now this?
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.
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
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.
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?
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.
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
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.
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?
answered on Dec 24, 2023
Without knowing whether you pursued a foreclosure or a forfeiture, I cannot tell what the “review” entails.
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
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.
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
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
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
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... View More
answered on Aug 15, 2023
This conveyance could have negative consequences. For example, it could be the basis for the denial of your discharge were you to file bankruptcy. Moreover, the home is currently protected from the creditor according to the facts you gave. Whether you should follow through on your idea requires... View More
Here is the wording of my contract:
Forfeit
f) If the Purchaser shall fail to perform this contract or any part thereof, the Seller immediately after such default shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all... View More
answered on Aug 7, 2023
Yes. A land contract forfeiture action is provided for by the court rules, and there are court forms for the procedure. An attorney could handle this for you, or you might be able to get it dome yourself.
I’m in Michigan. What process is needed?
answered on Aug 7, 2023
Another issue is that you may need a building permit from the city or township or county in which the property is located.
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