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 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
The contract amount is 20,875. This guy is a lawyer and a bully. He refuses to pay or allow us to finish minor details. What can we do? He also left a nasty google review full of lies
answered on Mar 10, 2023
I see three remedies:
1. A construction lien. I am not going to write up all of the steps because it is somewhat complicated and we don't have enough facts to determine whether the remedy is available.
2. A lawsuit against your customer to collect the balance.
3. A... View More
I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... View More
answered on Feb 21, 2023
The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public... View More
The sba loan was discharged, the problems is, everytime I try to refinance my house, they still block the refinance and demand the $24000 , and banks back away.
Is this legal what they are doing or illegal?
What can I do for them cease-and-desist?
answered on Feb 13, 2023
The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... View More
As the beneficiary of a deceased insured, do I have the legal right to give the insurance company authorization to
Disclose the deceased, personal medical information? I am the deceased’s wife. They want me to sign a paper and give them that right. Is that legal for me to do? I did have... View More
answered on Jan 25, 2023
The Michigan statutes on decisions to be made regarding the body of a dead person use the term "next of kin" to refer to the class of persons who can make such decisions. As the widow, you would be the "next of kin". Therefore, you would be a person with authority to make... View More
It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... View More
answered on Jan 5, 2023
Did you sign a lease that obligated you to pay rent for a period of time that extended past the date on which you moved out? I suspect that there was a lease, and it went through July 2018. If so, the fact that you notified the landlord of your intention to move probably makes no difference.
ensure it runs to successors. (ie "runs with the land") in a recorded document.
answered on Dec 30, 2022
One cannot determine in the abstract whether that’s sufficient. I would want to look at the whole document and entire transaction. One example of a phrase that would clarify that it runs with the land is “the easement runs with the land”.
winning in the courts. Our attorney filed a motion to enforce a mediation agreement without our permission and has other small missteps because he appears to want to be done yet we don't know if another attorney will take us. Our case is good.
answered on Nov 28, 2022
I don't have enough information to answer your question, but here are some observations:
1. If both sides accepted case evaluation, then the attorney should not need your permission to proceed to obtain a judgment.
2. If you agreed in mediation to a settlement, then it may... View More
Can my boyfriend will or trust his half of our joint ownership house to someone? Put his half in a will?
answered on Nov 20, 2022
No, joint ownership includes survivorship, meaning that the survivor of the joint tenants takes title. A tenant in common could devise or place in trust his interest as a tenant in common.
didn't let me finish to put our daughters name on the place.
answered on Nov 17, 2022
The simplest way is to execute a quit-claim deed to your daughter as grantee. However, you should consult with an attorney to explore the options available. Do you intend that she own the property outright, immediately? Do you intend to co-own it with her until your death so that she takes title... View More
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?
Edited: Can a PLLC offer other services by contracted professionals in fields that do and do not require licenses? Or, does it... View More
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.
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.
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