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Questions Answered by Thomas. R. Morris
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can I be evicted even though I’m not breeching my land contract
Thomas. R. Morris
Thomas. R. Morris
answered on Apr 8, 2018

Assuming that you occupy the premises at issue as the land contract purchaser, if you’re not in default under the land contract, then there should be no basis for you to be evicted.

2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: House is in parents name, both have passed with father recently. Funds have been distributed only item is house

No will. Funds and life insurance has been distributed already with no issue. We have the deed. Is there a probate just for a house?

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 5, 2018

If the owner of record of the house has died, probate will be necessary in order to get title to the heir(s) or to sell the property.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: How long does it take to take over a piece of property by adverse possession in Michigan?
Thomas. R. Morris
Thomas. R. Morris
answered on Mar 27, 2018

The short answer is 15 years, but adverse-possession issues are seldom simple. In my experience, they are usually complex.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: We signed a 1yr lease last that ended March 1st this year . We went about purchasing a home and are in the process

Of closing on it . However now our landlord is stating that the lease has an automatic renewal for another year. If that's the case shouldn't we have received a notice prior to the lease ending date allowing us to decline renewal ? And wouldn't we need to sign a new lease?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 27, 2018

It depends upon the terms of the lease. Such a provision in a lease is probably enforceable. But it is possible that a local law (such as the Ann Arbor landlord-tenant code) could affect the application of the clause.

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1 Answer | Asked in Contracts for Michigan on
Q: Person I owe too for my land contract has brain damage from drug overdose. What do I do

I have paid on my house for 8 years and owe my last payment January 2021. The person I pay my land contract too has overdosed on Meth and has permanent brain damage and does not even know who she is. My question is what do I do? I don't want to loose my home that I have been paying on for 8... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 25, 2018

If your concern is that you will be held in default if you cease making payments, continue making payments. For example, if you have paid by check, continue sending checks. At some point, you might be notified to send checks to someone with authority to manage the seller’s affairs. Until then,... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Michigan on
Q: Options if I'm living in deceased moms home paying taxes sister also listed on house. Brother trying to evict me.

Sister listed on home with moms name in 1999 mom died in 2009. Sister went behind my back signed over home to my brother without my knowledge brother trying to evict me. Mom left no will. What are my options?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2018

It sounds like your brother owns the house and could evict you. Perhaps you have an argument that your payment of taxes resulted in some rights accruing to you, but without more information I cannot identify those potential rights.

1 Answer | Asked in Business Law and Contracts for Michigan on
Q: I gave a check to a facility for my mom to stay there and she stayed there only for a day and they don't refund.

I don't have any other documents. I gave a check to the facility.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 16, 2018

See if you can locate the documents that constitute the contract. If the contract provides that no refund is required to be made, then you may have a difficult time making a case for a refund. If there is no written agreement, particularly none that your mother (or you, if you were the... View More

3 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if only one spouse in a relationship files for bankruptcy?
Thomas. R. Morris
Thomas. R. Morris
answered on Mar 13, 2018

The non-filing spouse is not a debtor in the case, but may be affected. His or her income is called for to be disclosed in Schedule I. Property jointly-owned with the debtor could potentially be sold. He or she may be subject to questioning. The effect on the non-filing spouse depends upon the... View More

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1 Answer | Asked in Bankruptcy for Michigan on
Q: I have an LLC. It has 2 members. I want dissolve but my partner doesnt. Can I drop off the LLC leaving him w/all debt?

We are an auto repair shop. Have been open for 1 year. We owe back rent, loans, & taxes. My partner steals and does not pull his weight. I really need to get away from him.

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 25, 2018

You could withdraw from the LLC, leaving the LLC with whatever debt is has, but if you have personal liability for any of the debt, your withdrawal will not change that fact. I suggest that you consult with an attorney.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I inherited a home w 2 siblings,12 years ago (quick claim deed) My sister has paid zero, can I get her off the deed

Michigan, and I live in the home and spent $200,000 of my money fixing it up. Taxes come to my name and I pay them.

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 7, 2018

An action in court for partition may be possible, with the court determining how to apportion the proceeds taking into consideration the money you spent on the property. You should consult with an attorney, preferably one with experience in that type of matter.

2 Answers | Asked in Divorce and Real Estate Law for Michigan on
Q: In a divorce, we refinance the house and he assumes the mortgage, will I get anything from the refinance?

I have been married for 10 years and bought our house together. I do not want the house and he wants to refinance on his own and assume the mortgage. Our property we own $189,000 and it has been appraised for 275,000. what would I get from this?

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2018

It depends upon the terms of the property settlement embodied in the judgment of divorce. You believe that there is $86,000 of equity. Perhaps this will be split 50/50, in which case the judgment of divorce should provide for you to receive your $43,000. You need to discuss this with an attorney... View More

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3 Answers | Asked in Bankruptcy for Michigan on
Q: Is there a time of year that is best to file for bankruptcy?
Thomas. R. Morris
Thomas. R. Morris
answered on Jan 2, 2018

Perhaps just after you have received and spent your tax refund based upon a return filed early in the year. Other than that, it’s not really a seasonal thing.

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for New Mexico on
Q: How can I get a brother, who lives in another state, to move his trailer off of our mother's property in Hobbs, NM?

My mother is now residing in MO with another brother who has been trying to get my CA brother to move the trailer off of the lot for years. What can he do to compel our brother to move the trailer? Can he file any document and publish a notice in a local legal publication? Then have it removed... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 27, 2017

This is an issue for a New Mexico attorney. Under Michigan law, for example, one would serve a notice to quit, paying attention to special rules applicable to manufactured homes.

1 Answer | Asked in Real Estate Law for Michigan on
Q: How do I determine what municipality my property is under?
Thomas. R. Morris
Thomas. R. Morris
answered on Dec 21, 2017

You can find that information in the legal description, but note that there may have been a change to the status of the municipality since the legal description was prepared. For example, a township may have become a city. You can also find this information on a tax bill. Finally, consult a map... View More

2 Answers | Asked in Bankruptcy for Michigan on
Q: Do I have to / should I stop paying on credit cards debts before I can file for bankruptcy?
Thomas. R. Morris
Thomas. R. Morris
answered on Dec 9, 2017

You do not have to, but you may choose to. For many persons contemplating bankruptcy, to stop paying is advantageous.

An attorney answering this question for you would need much more information before advising you that it would be a good choice in your situation.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I went through chapter 7 bankruptcy and kept my car. Why does my credit report say closed account do I have to pay on it

Want to know if they will come take the car if I stop paying. Just a little confused nothing was explained to me

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 8, 2017

If the creditor has a lien on the car, it will be able to repossess the car if you do not pay for it. There may be other options, however. If the car is worth less than what you owe, you may be able to make a deal.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: Can you keep your house if you file for bankruptcy?
Thomas. R. Morris
Thomas. R. Morris
answered on Dec 6, 2017

Possibly. This is a question that involves exemptions and other issues. The exemption for a Michigan resident is up to about $57,000 under the "state" exemptions, and about $23,625 under the federal exemptions. There is also a "tenancy by the entirety" exemption that may be... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: my father has a property in which he is a co-owner. the other owner died over 20yrs ago. is my dad the sole owner?

House is in Detroit, Michigan.

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 4, 2017

Basically, yes, if the tenancy was "joint" and no if the tenancy was "in common" unless your father was also the sole heir of the other owner. This is a basic answer that assumes no intervening events in the last 20 years.If the tenancy was joint, then your father because the... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: How can I file a claim of interest because a seller is refusing to sell after signing the purchase agreement
Thomas. R. Morris
Thomas. R. Morris
answered on Nov 21, 2017

By hiring an attorney to file a lawsuit, and then having the attorney file a notice of lis pendens. I would not recommend filing a "claim of interest" because I think that you might incur liability for slander of title. See an attorney.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Spouse Filing for Bankruptcy - What happens to "Joint in Entirety" property?

We are in Michigan and we were debt free on our main home. Our main home is owned "Jointly in entirety".

About 4 years ago we decided to take out a Mortgage and buy several investment properties with the proceeds. All 3 properties were placed into Joint in Entirety ownership on... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 20, 2017

You have wandered into a complex area of the law.

I assume that the case you are referring to is the Craft case. That's not an easy case to start with if you do not have a thorough understanding of exemption law. If you understand it and are not an attorney, you are well above...
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