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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.
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.
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.
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
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.
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
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.
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
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
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.
I want to sell a house I am buying on land contract
answered on Jun 8, 2023
Yes is the simple answer. This type of sale is not unusual.
Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?
answered on May 26, 2023
As Mr. Soble said, these are typically the subject of an agreement between the partners. It might be possible to formulate an argument that relief is available from a court based upon concepts of unfair competition, but you have not supplied facts to enable an evaluation of the application of... View More
I'm in Michigan, this is a later in life 2nd career option after selling a business.
answered on May 26, 2023
Yes. I don't have any familiarity with the online programs, but the paralegal programs at community colleges that I have heard about are credible and can lead to a successful career in the field.
I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... View More
answered on May 26, 2023
Your remedies depend in part upon the terms of the sale agreement. I would need to review the agreement to give a more precise answer as to remedies. You may be able to file a lawsuit to compel the seller to close. That's called specific performance. You may also be able to sue for... View More
answered on Apr 24, 2023
It's not clear whether you are the plaintiff or defendant. If you are the plaintiff (creditor) the answer would depend upon what modification you require. If you are the defendant, Mr. Alexander's answer addresses one solution. Another is to file bankruptcy, which would stop the garnishment.
My mother died in 12/22. She had a warranty deed which transferred the real property to my brother. He is claiming rights to all personal property as well thru execution of the warranty deed. There is no will. My mother's lawyer backs his understanding and said siblings have no recourse.... View More
answered on Apr 1, 2023
No, a warranty deed does not transfer personal property. However, there are some grey areas. For example, a built-in refrigerator might arguably be incorporated into the real property.
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
we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.
answered on Feb 21, 2023
You have not provided enough information to enable an attorney to answer the question. Neither chapter 13 nor chapter 7 is necessarily better to deal with the type of debt you have described.
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
some motions were not filed in time, or there was no evidence to support the conviction, or new evidence was discovered all be the basis for the appeal?
answered on Feb 8, 2023
You may want to post that question under a topic related to criminal law because an attorney who handles civil appeals may not have the applicable experience. I don't handle criminal appeals and I cannot entirely answer your questions.
The first two issues, not calling an expert... View More
Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)
Act 23 of 1993, requires the following.
Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... View More
answered on Jan 28, 2023
According to the sections you cited, yes, which is consistent with the statutory scheme.
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