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Questions Answered by Thomas. R. Morris
1 Answer | Asked in Real Estate Law for Michigan on
Q: If i am on a co joint mortgage loan, with my now x girlfriend who pays nothing and doesnt live here. Can i claim aband?
Thomas. R. Morris
Thomas. R. Morris
answered on Aug 8, 2018

Your question is incomprehensible. If you signed a promissory note to evidence your agreement to repay a loan, nothing in your question indicates that you have been relieved of liability on the note.

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: LLC using a virtual address instead of using home address

I live in an apartment complex (Clinton Township, MI) and recently opened a LLC. I purchased a "virtual address" online - a Troy, MI address.

The Troy address is much more professional looking. It is not a location I can work from, it is just a location that can receive mail for... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 8, 2018

The Michigan LLC Act requires that the company's books and records be maintained at the registered office or its principal place of business. MCL 450.4213. You could use the Troy address as the registered office even if it is not the principal place of business. Whether you should do so is... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: I have bats that are coming into the house, indicating an infestation in attic or chimney. Is it my responsibility?

There have been over 5 bats inside the house just the summer alone. My landlord states that it is my responsibility, but wouldn't that be considered his requirement since this poses a health hazard?

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

I view this as a maintenance issue. Who, under the lease, has the duty to maintain the experior walls, doors amd windows? If the problem could be cured with repair, i and maintence is on the landlord, it may be his responsibility. Perhaps, however, it cannot be prevented at a reasonable cost and... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I am a property owner in Michigan and and wish to block traffic on a gravel road that runs through it.

this road has been in continuous use over this period

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

Sounds like a potential problem. Is it a dedicated roadway owned by the county or municipality? If so, it is not your property. Is it a formal easement? Also a problem for you. The continuous use my result in a prescriptive easement. If the users of the gravel road are simply tresspassers,... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a signed purchase agreement for my house. On the day the inspection was supposed to happen, I received a Mutual

Release of Purchase Agreement from the buyer's agent. I was told the buyer got a job on the east side and has now changed his mind. There was no contingency for job location in the agreement. When I stated that to the buyer's agent, I was told the buyer was dis-satisfied with other... View More

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

You should consult confidentially with an attorney rather than receive advice on this developing matter through a public forum.

2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: House deed in husbands name(we have been married 33 yrs). If he died would the house go to the wife without a will in Mi
Thomas. R. Morris
Thomas. R. Morris
answered on Jul 27, 2018

No. However "pursuant to MCL 700.2402 the surviving spouse of a decedent who was domiciled in this state is entitled to receive a homestead allowance of $15,000." You may want to consider a conveyance by the husband to the husband and wife.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I keep hearing that pets are considered property in the eyes of the law. Does bankruptcy view them the same way? I have

a purebred cat that I paid over $10000 for but I don't want her to be considered an asset.

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

Yes. If it’s property under non-bankrtcy law, it’s generally property of the estate under bankruptcy law. The issue becomes whether there’s an applicable exemption. The answer with respect to a cat is probably not other than under 11 USC 522(d)(5). Ask an attorney for the details.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My father has dementia and I co own a property in Florida with him. I and he are listed on the title and he has a Will

that states upon his death the said property will go to me ( I have other siblings)..my question is because my sister has Power of Attorney for my father is there any way she can prevent this from happening?

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

Florida law will govern the transfer upon death of the real property located in Florida. If you and your father are joint tenants, and the only joint tenants, you, as the survivor, will own the property. Your sister could potentially have the power to convey your father's interest in the... View More

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2 Answers | Asked in Bankruptcy for Michigan on
Q: My bank is initiating foreclosure proceedings against me. If I file for bankruptcy, can I save my house from being

foreclosed on?

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

Possibly. Probably yes in the short term, and perhaps completely in the long term. The answer to this question requires a review by a qualified attorney of your complete situation. Look for an attorney experienced in personal bankruptcy.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Sheriff’s sale was held and property reverted to the beneficiary. Home is now in the redemption period.

Lender now selling their interest in the sheriff’s deed at auction. If this auction brings more than the sheriffs sale and the homeowner redeems the property, what happens to the difference between the sheriffs auction price and the lenders interest auction price?

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

If the lender purchased the property at the sheriff's sale and subsequently re-sells it, the new owner simply steps into the lender's shoes as title-holder. The redemption price is not affected. For example, if the bid at the sheriff's sale was $100,000, and the lender re-sold the... View More

2 Answers | Asked in Bankruptcy for Michigan on
Q: What types of property are you allowed to keep in Chapter 7 bankruptcy?
Thomas. R. Morris
Thomas. R. Morris
answered on Jun 26, 2018

As a Michigan resident, you can choose between the "federal" exemptions and the "state" exemptions. There is a lot of information available on the internet if you want to research this yourself. An attorney experienced in bankruptcy law will be able to advise you as to the... View More

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1 Answer | Asked in Business Law for Michigan on
Q: My girlfriend was threatened with fraud for customers letting her load rewards on her account... can they do this?

The customers let her but the business threatened to fire her and get her for fraud

Thomas. R. Morris
Thomas. R. Morris
answered on May 24, 2018

It sounds like a good reason for her employer to fire her. The next questions are: Whether this scheme results in monetary liability to the employer; and whether it might constitute a crime. I don't think that there is enough information for an attorney to definitively answer the question,... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Does the current real estate contract law require a lien search of unrecorded debts/balances owed on a property?

Ie: permits, utilities, code enforcement...

Thomas. R. Morris
Thomas. R. Morris
answered on May 24, 2018

A search of the real-property records is always a good tool in establishing the state of title to property. The records do not, by definition, reveal unrecorded matters. "Real estate contract law" does not so much impose requirements on parties to transactions to verify the state of... View More

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1 Answer | Asked in Criminal Law and Collections for Michigan on
Q: Hello, Q.1. Under Michigan Law is there any statute of limitation's on Dept. of Treasury to enforce collection after 30

I was released on parole in the State of Michigan over 30 years ago and I was unable to pay supervision fees, relocated and heard nothing significant on this issue. Over 30 years have passed and now i'm receiving notice and opportunity. I's there any limitation on this type of... View More

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

This is from MCL 800.404: "The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care

of the prisoner during the entire period or periods the person is a prisoner in a state correctional facility. The

state may commence...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: How can I use the case number on a clients bankruptcy to see if our company is a listed creditor?
Thomas. R. Morris
Thomas. R. Morris
answered on May 14, 2018

Next step: go to www.pacer.gov and perform a search for the case or case number. Your question does not provide enough information for me to be more specific about the first steps. Once you find the case, you need to look at schedule D, E or F to see if your company is listed as a creditor.

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1 Answer | Asked in Banking, Consumer Law and Contracts for Michigan on
Q: If a company discharges a debt can they still come after you for the money ?

This was a car lease that was repossessed and I recently found out they have discharged the loan

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

Quite possibly. I don't know what you mean by the creditor "discharging" the loan. That's probably not the proper term. If the creditor "wrote off" the debt, it is no longer carried as an asset on its books, but the act of writing it off (which also goes by other... View More

1 Answer | Asked in Family Law and Real Estate Law for Michigan on
Q: my boyfriend and I purchased a home in both our names. We have a buyer and he now dose not want to give me 50% of the $

We have split up now. He has stopped the sale because I will not agree to take only 5000 of the almost 40000 we have coming out of the sale. What is my next move to make him sale the house. We had already purchased a new house and no one is living in the 1st house. He is in the new house and I will... View More

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

1. See an attorney.

2. Have the attorney threaten a suit for partition.

3. File the suit for partition.

4. Both sides will spend a lot in attorney fees if it dies not settle.

3 Answers | Asked in Bankruptcy for Michigan on
Q: Does a garnishment resume after a chapter 13 voluntary dismissal ?
Thomas. R. Morris
Thomas. R. Morris
answered on Apr 16, 2018

The automatic stay (generally) goes into effect upon the filing of a bankruptcy petition. It is the automatic stay that stops a garnishment. When the case is dismissed, the stay ends, and garnishments can resume.

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2 Answers | Asked in Collections for Michigan on
Q: What happens if my deceased spouse’s medical bill reaches collection agency?
Thomas. R. Morris
Thomas. R. Morris
answered on Apr 10, 2018

Who is liable for the bill? If your deceased spouse was liable, his or her estate would be liable. If there is no estate, the question becomes whether someone else (such as you) guaranteed payment of the bill. If so, you may be liable.

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1 Answer | Asked in Business Law and Real Estate Law for Michigan on
Q: I have 25% shares in Michigan company which own apartment building.Apartment bldg was sold by partners without asking me

Is this legal to sell property without my agree to transaction. Can tittle company pursue with closing without my consent.?

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 10, 2018

Quite possibly. The question is whether, under the organizational documents for your "company", a 25% owner has the power to veto a sale approved by the majority. Usually, the majority rules. If so, they can close the sale.

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