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Questions Answered by Patrick S. Fragel
2 Answers | Asked in Criminal Law for Michigan on
Q: Can a judge order a polygragh test and when the defendant passes the test, not use the results in the case?
Patrick S. Fragel
Patrick S. Fragel
answered on Nov 16, 2013

MCL 776.21 provides that a defendant charged with criminal sexual conduct shall be given a polygraph exam if he requests one. This law does not automatically allow the defendant to use the results at trial. A Judge will usually refuse to allow the passing results into trial, anymore than he will... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a foreclosure commence by advertisement if the original lender never recorded an assignment of mortgage?
Patrick S. Fragel
Patrick S. Fragel
answered on Apr 29, 2013

The Michigan Foreclosure by Advertisement statute requires that the mortgagee be the record holder of the mortgage. This is done by recording the assignment with the Register of Deeds. If that is not done, the the foreclosure sale might be set aside.

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