Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Thomas. R. Morris
2 Answers | Asked in Contracts, Real Estate Law, Insurance Defense and Landlord - Tenant for Michigan on
Q: Who is responsible in case of an accidental apartment fire?

My roommates and I recently had a kitchen fire in the apartment due to turning on the wrong burner. The lessor replaced the appliances, brought in a cleaning crew, and then billed us! We were not given any chance to hire/buy anything ourselves. Are we liable for the bill? Note, it does NOT state... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 13, 2017

I would look more closely at the lease. You may be responsible to return the property undamaged at the conclusion of the lease. That clause, I suspect, imposes liability on you. Sorry to not have a favorable answer. Were the fire to have been the fault of the equipment supplied by the landlord,... View More

View More Answers

2 Answers | Asked in Bankruptcy and Small Claims for Michigan on
Q: Items stored at an ex wife's house no documentation to speak of cannot find items now still due recompense?

Was during the aftermath of a foreclosure and bankruptcy. No documentation or record of what items went where was ever recorded. No terms of storage were recorded or agreed upon. The items were boxed up and thrown in with other stored items. The garage in question has been since searched semi... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 13, 2017

The facts you recite are vague. If it was you who filed bankruptcy, if you did not list in your schedules the items stored (in what appears to have been a gratuitious bailment, which imposes a low standard of care on the bailee) then you may be up against a judicial estoppel by having stated under... View More

View More Answers

1 Answer | Asked in Business Law for Michigan on
Q: Can a single owner of an LLC cash checks that are written to the business for their own personal use?
Thomas. R. Morris
Thomas. R. Morris
answered on Nov 7, 2017

Not legally, if it means bypassing the company books and accounting for the income.

1 Answer | Asked in Collections for Michigan on
Q: I have been served a request & writ for garnishment for myself and I have no idea how to do this paperwork.

I am a small business owner and an LLC. I'm not on payroll and do not have a regular draw set up. I take enough money to pay my mortgage and little else. When I take a draw it is $700. I have taken 8 draws this year. I have 3 employees on my payroll. The business is a Licensed Avon Beauty... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 6, 2017

I suggest that you consult with an attorney and take this conversation offline. I don’t have advise I would want to provide in a public forum.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Within Michigan Law if I gift real property with a Lien on it does the lien attach to me or the property or both?
Thomas. R. Morris
Thomas. R. Morris
answered on Nov 3, 2017

A lien does not attach to a human being. It only attaches to property.

But if your question is whether your conveyance of encumbered property relieves you from personal liability, the answer is that it probably does not, if you do have personal liability.

If your question is...
View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Is there something called a back yard rule?

who determines what the seller can remove from the yard ?

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 1, 2017

I have never heard of a "back yard rule". But in a sale of real property, what can be removed by the seller is determined, first, by the agreement governing the sale. If there's no agreement as to an item, the issue is generally whether the item is real property (which goes to the... View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: I am a buyer in contract with a real estate agent. Trying to get out of contract with this agent. They wont release me.

Contract one year. Broker wont return calls

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 1, 2017

You have not provided much in the way of facts. In my limited experience, a prospective buyer in a residential home search does not usually enter into a contract with a real-estate agent. But if you did enter into a contract for the agent to "represent" you, and now want to be relieved... View More

5 Answers | Asked in Bankruptcy for Michigan on
Q: Can my husband file for bankruptcy as an individual, or am I going to get dragged into this?
Thomas. R. Morris
Thomas. R. Morris
answered on Oct 25, 2017

Yes, he can file without your agreement. And, yes, a spouse may be "dragged into" the bankruptcy, depending upon your definition of "dragged into", and depending also upon the situation related to income, expenses, ownership of property, and transfers of property. The degree... View More

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: I need to put my parents home,in my name. What do I need to do?

My Mom passed in 1983. My Dad passed in 1995,I moved in with him in 1994to take care of him. Now the city of Roseville wants me to put the home in my name.

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 29, 2017

Have you owned the home since 1995 without record title being in your name? If so, it is time to clear that up. There are possible probate, income and property tax implications to the manner in which you resolve this, so the resolution of the issue is too complicated to fully resolve in this... View More

View More Answers

3 Answers | Asked in Real Estate Law for Michigan on
Q: Do we have a sketchy realtor?

My parents were selling their home, closing this Friday. Found out yesterday that the buyers loan did not get approved. The house is empty, they are ready to move. The realtor said that her mom wanted to buy the house and would pay cash. Now this whole thing seems like the realtor set it up so that... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 28, 2017

I basically agree with Mr. Zichi's answer.

There is not enough information to determine whether you have a "sketchy" realtor. The circumstances may not be the realtor's fault. I agree that your parents may be well served by hiring an attorney to assist them in...
View More

View More Answers

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: When a lease term ends and automatically goes "month to month" does the notice to vacate also change over to 30 days?

My daughter's old leasing company changed move out notice on her lease. When she moved in, we signed a digital lease (and so did the leasing agent) but when we got there they wanted us to sign another one because there was an error in the security deposit on the first one. We didn't... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 26, 2017

The answer to the question posed in the "headline" of your question is yes, under Michigan law an expired lease generally become a month-to-month lease, and 30 days is sufficient notice by the landlord that the lease is being terminated and that the tenant must vacate.

A tenant...
View More

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a piece of land, basically for my son. Both of our names are on the title - taxes are overdue, again.

He will not get in touch with me as we had a pretty big blowout a few months ago. I need to know what I can do

- half acre, paid $35,000. Paid last year's taxes, and found out today that this year's taxes have not been paid. He knows I'll pay, just to not lose my... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 22, 2017

A lawsuit seeking partition should be considered. You should consult with an attorney.

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: i have a bk lawyer. is it ok to have another one review my case if I want to pay the 2nd lawyer?
Thomas. R. Morris
Thomas. R. Morris
answered on Sep 18, 2017

You are entitled to obtain a second opinion, and don't let anyone tell you otherwise. (Unless you want to treat someone telling you otherwise as a second opinion).

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I'm a landlord in MI and need to know if i'm legally responsible to send a receipt for paid rent within a certain time.
Thomas. R. Morris
Thomas. R. Morris
answered on Sep 4, 2017

There's no state-law requirement whoch requires that a landlord send a statement. Is this residential property and where is it located? You should determine whether ther's a local ordinance that is applicable.

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: If I am the successor in interest on a home because of death, can I put this home in bankruptcy, chapter 13
Thomas. R. Morris
Thomas. R. Morris
answered on Sep 2, 2017

People and business entities can file bankruptcy. A house cannot. However, it may be possible to obtain relief or to restructure debt associated with the house. You should consult with an attorney to assess your situation.

View More Answers

2 Answers | Asked in Bankruptcy for Michigan on
Q: Can I stop an order granting trustee objection to debtors claim of exemptions and motion for turnover, chapter 7

It ordered that within seven days, debtors shall turnover my property to the estate for liquidation

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 30, 2017

Your question is too broad and vague to be answered here. You need to consult with an attorney.

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: My brother and I bought a house in 2011, it is in both our names. He passed away in July.

We made quit claim deeds for each other. I went to the county to file it and they said it was not filled out right. they said to do it over. Kinda hard with dead brother. What do I have to do now?

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 16, 2017

If you owned the house jointly, you, as the survivor, own it outright now. To convey it you simply need to record the appropriate deed and a certified copy of the death certificate. The quit-claim deed is in this case unnecessary.

If you owned the house as tenants in common, you should...
View More

View More Answers

3 Answers | Asked in Real Estate Law for Michigan on
Q: My dad sold property to his step daughter on a verbal agreement - can he place a lien against the land for non payment?

They have paid on time every month for the past 10 years and he has proof but they stopped paying and still owe 12,000 what can he do?

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 9, 2017

Probably not.

A consensual lien on Michigan real property is called a mortgage. If the stepdaughter did not grant a mortgage, then there's no consensual lien.

The law provides also for various non-consensual liens, like a tax lien, a construction lien under the...
View More

View More Answers

3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a Claim of Interest be filed with the Register of Deeds on real estate without any kind of judgment or legal ruling?

I purchased four foreclosure properties since 2008 through a real estate broker who had a group of investors. He insisted on a verbal agreement of a $5,000 acquisition fee which paid for the research and bidding at auction and 50% of the upside when the property was sold. There was never any... View More

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

I have seen the "claim of interest" abuse with costly results. Your problem sound complicated, and the facts you stated do not permit a simple answer. You should consult with an attorney.

View More Answers

1 Answer | Asked in Contracts and Business Law for Michigan on
Q: How to update LLC operational agreement to reflect change of ownership.

I have a LLC operational agreement with my partner and I would like to leave the LLC. We had no income just some costs that we paid and no other activity. He agreed to keep the company for himself and I was told to update the agreement (it allows us to make changes provided both parties will agree... View More

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

If you are confident in your ability to use the language and in the simplicity of the legal issues, do it yourself. But an attorney who has seen none of the documents and has not had the opportunity to ask questions cannot confidently draft some clauses to be carried off by you. This may well be... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.