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Questions Answered by Thomas. R. Morris
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 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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2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: I am in a partnership dispute. I am a member of a 50/50 partnership. We both agree to dissolve the company.

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?

Thomas. R. Morris
Thomas. R. Morris
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

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Would you consider online paralegal certificate program through a community college a good way to become a paralegal?

I'm in Michigan, this is a later in life 2nd career option after selling a business.

Thomas. R. Morris
Thomas. R. Morris
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.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Seller is unable to proceed with closing due to financial situation. What are my rights, and what action should i take?

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

Thomas. R. Morris
Thomas. R. Morris
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

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2 Answers | Asked in Collections for Michigan on
Q: Is there anyway to have a garnishment modified once it’s been started? If so what form do I need to fill out? Michigan
Thomas. R. Morris
Thomas. R. Morris
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.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Does a warranty deed include both the real property and all personal property? Brother trying to pull a fast one? (Mi)

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

Thomas. R. Morris
Thomas. R. Morris
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.

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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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3 Answers | Asked in Bankruptcy for Texas on
Q: Hello, I need an opinion. Which is best if we have substantial IRS debt, chapter 13 or 7 and why?

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.

Thomas. R. Morris
Thomas. R. Morris
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.

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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

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: During a criminal Appeal in Michigan, can the fact that expert testimony was not called by the defenseor the fact that

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?

Thomas. R. Morris
Thomas. R. Morris
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...
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1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

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

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

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