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Questions Answered by Thomas. R. Morris
1 Answer | Asked in Contracts, Domestic Violence, Identity Theft and Libel & Slander for Michigan on
Q: I've lost everything. My Ex-husband stole my identity, 2019, and ultimately my home of 18yrs in 2021. Is there a case?

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

Thomas. R. Morris
Thomas. R. Morris
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

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: Property acquired through quitclaim deed has transferability restrictions to heirs at law, but the grantor is deceased.

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

Thomas. R. Morris
Thomas. R. Morris
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...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I quit claim home to spouse. I have a judgement against myself only. Home is held in tenants by entirety.
Thomas. R. Morris
Thomas. R. Morris
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

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1 Answer | Asked in Contracts, Construction Law, Libel & Slander and Small Claims for Michigan on
Q: We are a GC trying to collect most of final payment. Homeowner refuses to let us back for punch list- owes 6375

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

Thomas. R. Morris
Thomas. R. Morris
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...
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2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

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

Thomas. R. Morris
Thomas. R. Morris
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

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1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Michigan on
Q: I owed SBA disaster loan of $24,000 and then in 2019 I did a chapter 7 due to financial problems, .

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?

Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Contracts, Estate Planning and Probate for Michigan on
Q: As the beneficiary of

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

Thomas. R. Morris
Thomas. R. Morris
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

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

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

Thomas. R. Morris
Thomas. R. Morris
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.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is saying that an easement or an amendment to an easement "is appurtenant to the (dominant name) parcels" sufficient to

ensure it runs to successors. (ie "runs with the land") in a recorded document.

Thomas. R. Morris
Thomas. R. Morris
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”.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Do attorneys in a city tend to avoid taking preexisting cases where an attorney has been let ago even if it has been win

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.

Thomas. R. Morris
Thomas. R. Morris
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...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can you leave your half of a house in a will or trust with joint ownership? Two people on mortgage and deed?

Can my boyfriend will or trust his half of our joint ownership house to someone? Put his half in a will?

Thomas. R. Morris
Thomas. R. Morris
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.

1 Answer | Asked in Real Estate Law for Michigan on
Q: We own our own home and land. We are in our 80's. What I want to know is what do we have to do to put our daughters name

didn't let me finish to put our daughters name on the place.

Thomas. R. Morris
Thomas. R. Morris
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

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Can I evict a buyer for my land contract if they default and I have filed a forfeiture notice?

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

Thomas. R. Morris
Thomas. R. Morris
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.

2 Answers | Asked in Real Estate Law for Michigan on
Q: I own 10 acres with my brother. Can I build on it. This land is grandfathered in and the deed states, Sole Survivor.

I’m in Michigan. What process is needed?

Thomas. R. Morris
Thomas. R. Morris
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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1 Answer | Asked in Contracts for Michigan on
Q: We signed a contract to rent a cottage on twin lake and paid a deposit of $700 last year. The owner sold the property.

The new owner said the deposit didn’t count for the rental because it wasn’t paid to her. She made us pay $700 more for the rental. Can she do this? Shouldn’t the sale of the house include deposits to the former owner? We have a contract with the deposit on it that is signed by the former owner.

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 23, 2023

you have a claim against the former owner, but not against the present owner, unless the present owner assumed liability for outstanding deposits. I would first contact the former owner and demand a refund.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I live in Michigan, a tree branch from my property fell on neighbors fence, am I responsible to clean it up.

The tree is not dead or rotten in any way, the branch in question had been growing over neighbors side and fell due to storm/wind

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 22, 2023

Not legally, if you did not negligently cause it to happen, but you might consider being a good neighbor and helping or cooperating in the cleanup.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If I bought a house from somebody and paid 95% of the home but the person did not have the deed yet and use my money to

To give them the rest of the money which was $900 and they went ahead and sold it to somebody else behind my back but I have been living in the home for over 5 months and the person that sold me the house had already had somebody come to the house once before with a gun and basically threaten my... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 10, 2023

In Michigan, an agreement to purchase real property must be in writing to be enforced in court. This may be a problem if you file suit to enforce the sale agreement.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have been in a relationship (not married) and we own a home together. What are my rights not that it is ended?
Thomas. R. Morris
Thomas. R. Morris
answered on Jul 5, 2023

Basically, you are entitled to your share (perhaps half, but subject to adjustment). You may be able to file suit to compel a sale. That depends upon how you and the co-owner own the property. The two basic choices are tenants in common, and joint tenants. We would need more information to come... View More

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1 Answer | Asked in Contracts, Business Formation and Business Law for Michigan on
Q: Can I get sued at 15 for money?

I have got into a problem I’m 15 and I had a sweet 15 and hired a choreographer that went to my school who is like a year older then me and we both agreed to pay him 250 but I had to cancel the whole dance because I sprained my foot and couldn’t dance and we barely had like five practices and I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 29, 2023

Yes, but you should raise a defense that you are a minor (unemancipated, I assume) and cannot be held legally responsible for a debt that is not for a necessity.

2 Answers | Asked in Real Estate Law for Michigan on
Q: If I am buying a house on land contract in Michigan am I allowed to sell as long as the land contract holders get payoff

I want to sell a house I am buying on land contract

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 8, 2023

Yes is the simple answer. This type of sale is not unusual.

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