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Questions Answered by Thomas. R. Morris
2 Answers | Asked in Real Estate Law for Michigan on
Q: what do I need to do to sell a home jointly owned by me and my incapacitated mother?

My Mother is suffering from Alzheimer's Disease and the general POA that I have will not cover selling property.

Thomas. R. Morris
Thomas. R. Morris answered on Jan 16, 2019

You will need to have a conservator appointed by the probate court. The conservator could potentially be you.

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4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: My parents filed chapter 13 bankruptcy. Sold me their house for less than it's worth. Trustee wants to sue me for equity

I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jan 10, 2019

You need to discuss this confidentially with an attorney, not on a public forum like this where the trustee can see your questions (and answers) and use them against you.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: My fiance and I bought a house. He is on the mortgage , both on deed. Can he remove me from the deed without consent?

We live in Michigan

Thomas. R. Morris
Thomas. R. Morris answered on Jan 9, 2019

Not easily. A judicial procedure, such as partition, could “remove” you from the deed. And if ownership is joint, your death would vest title in the survivor. But a co-owner cannot simply “remove” you from ownership.

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1 Answer | Asked in Contracts for Michigan on
Q: Can an old owner continue to ask questions and request documentation on certain transacafter the sale of the business
Thomas. R. Morris
Thomas. R. Morris answered on Dec 31, 2018

The former owner can always ask, but the buyer may not have a contractual obligation to respond to the questions, so it may be difficult to use the law to require the buyer to respond.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Is it mandatory in the State of Michigan that the seller have Title Insurance included in the closing costs?

I had to buy title insurance at the time of purchase. Why had this additional cost for the seller at closing?

Thomas. R. Morris
Thomas. R. Morris answered on Dec 19, 2018

Title insurance is not a legal requirement, like liability insurance for the operator of an automobile. It is customarily charged to the seller because it is the seller that may be providing to the buyer a warranty of title.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: We bought our home and paid to have it set up on someone's else property. The man has passed and family trying to evict

It's been 4 year since the man has passed. No one came for rent until they are saying we owe 10,400.00 in back rent after 4 years.

Thomas. R. Morris
Thomas. R. Morris answered on Dec 17, 2018

You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your... Read more »

2 Answers | Asked in Collections for Michigan on
Q: Can I get someone to collect on a loan if it was just a verbal agreement?
Thomas. R. Morris
Thomas. R. Morris answered on Dec 14, 2018

A loan generally does not need to be in writing to be enforceable under Michigan law.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Want property conveyed as "husband and wife or the survivor", is this not possible in Michigan
Thomas. R. Morris
Thomas. R. Morris answered on Dec 14, 2018

This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.

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1 Answer | Asked in Contracts for Michigan on
Q: What right to land contract owner have when the buyer dies unexpectly?

The contract mentions benefits to heirs but we have seen no Letters of authority. The person only passed away on 11/26 but heirs have been in property(they got keys from Fathers body as he died in the building) and say they plan to change the locks tomorrow 12/6 This contact was never registered... Read more »

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

The administrator of the estate of the buyer, or his proper heir, would presumably have the right to take over the purchaser's interest in the land contract. (Is there anything in the land contract that prohibits assignment of the purchaser's interest?) Rather than to try to write a... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I legally trim my neighbor's overgrown, encroaching bushes and tree which invade into my property?

My neighbor who has placed many Arborvitaes along our adjoining fence line along with a spruce tree. all plants have exceeded between 10' to 20' in height. Can I hire Landscape company to come and trim up to 20' high vertical from our adjoining fence vegetation only what is encroaching on my... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Dec 4, 2018

You can cut whatever is on your property.

2 Answers | Asked in Collections for Michigan on
Q: A joint bank account associated with my SSN has been frozen due to an attempt to collect a debt. All of the monies in

the account are not mine. The deposits are direct deposits from his employer. Do I have to prove all transactions associated with the account are not mine or just the contributions made to the account?

Thomas. R. Morris
Thomas. R. Morris answered on Oct 30, 2018

Michigan law permits you (or the owner of the funds) to establish ownership. See Danielson v. Lazoski, 209 Mich App 623 (1995). Someone needs to act quickly to object to the garnishment or otherwise assert rights as to the funds. You should consult with an attorney.

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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I was court martialed. My case went to the appeals court. I won. How do I find the decision from the appeal courts.
Thomas. R. Morris
Thomas. R. Morris answered on Oct 23, 2018

This is a question of military law. The United States military has its own system of law. Here is a link that provides a summary of the appellate process with respect to military-law appeals:

http://www.usmilitarylawyer.com/military-appelate-court-review.asp

How to find the...
Read more »

2 Answers | Asked in Bankruptcy for Michigan on
Q: Is there a "best" time of year to file for bankruptcy?
Thomas. R. Morris
Thomas. R. Morris answered on Oct 12, 2018

Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.

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4 Answers | Asked in Bankruptcy for Michigan on
Q: Must I disclose prior bankruptcies to my partner before we get married?
Thomas. R. Morris
Thomas. R. Morris answered on Sep 19, 2018

There's no legal requirement. This is an ethical or relationship question.

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1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: I'm starting an in-home caregiver business and don't know to hire employees or independent contractors.

I would give the "hire" a schedule and work tasks that each senior client requests. I would be running this business in Michigan. The hire would keep track each client visit and turn in to me a completed "task sheet" at the end of each week. I think that is about the extent of control I would have... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Sep 12, 2018

Work for someone else until you learn the ropes. And don’t sign an agreement not to compete.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I been living in my house for two years I was renting from my bro I few months ago it went up for forclosure

And I still live here so last month a man comes to my door says he owns the property now I get a notice to quit in my mailbox I'm a mother of two with no where to go

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

If the man who came to the door indeed purchased the home at a foreclosure sale, he will own the property and can have you evicted after the redemption period expires. The redemption period is normally six months. Determine when the sale occurred. If it was less than six months ago, you may not be... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I rent a home in Michigan with no strom doors. Are Michigan rental properties required to have strom doors?

I've asked the property owner about the doors and was told due to previous tenants history w the strom doors they will no longer provide them

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

No state law requires them. It is possible that a local law could do so.

2 Answers | Asked in Bankruptcy for Michigan on
Q: Can I file for bankruptcy on behalf of a mentally incompetent parent?
Thomas. R. Morris
Thomas. R. Morris answered on Aug 24, 2018

Yes, with proper authority, such as a power of attorney or a court order appointing you as guardian (or perhaps conservator).

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1 Answer | Asked in Real Estate Law for Michigan on
Q: 9 mth left on lease. I plan to buy a house. I was told theres a MI law that you can get out only if buying. is it true
Thomas. R. Morris
Thomas. R. Morris answered on Aug 20, 2018

There is no such law, but I have seen such a provision in an apartment lease.

3 Answers | Asked in Bankruptcy for Michigan on
Q: Wrongful termination lawsuit while employee is in process of bankruptcy?

Are there any suggestions on legal help for a person who has a very solid wrongful termination case, but is in the process of chapter 7 bankruptcy at the time of termination?

Thomas. R. Morris
Thomas. R. Morris answered on Aug 9, 2018

If the claim arose after the bankruptcy was filed, it is not property of the bankruptcy estate. I recommend that the employee see an attorney about the employment-law case, and that if there is any claim the attorney should consider notifying the bankruptcy trustee if there is any doubt as to the... Read more »

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