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Questions Answered by Mark Bredow
4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: Can second mortgage lender seek post-sale deficiency judgement after liability was discharged in Chapter 7

In 2009, my neighbor filed for Chapter 7 bankruptcy and kept her house with two mortgages, 100k+ and 25k. Her personal obligation for the second mortgage was discharged. A loan modification of the second mortgage in 2015 adjusted the principle, term, and interest rate. In late 2017, my... Read more »

Mark Bredow
Mark Bredow answered on Jun 24, 2020

Your neighbor's Chapter 7 Bankruptcy does not affect the rights of either the first or second mortgagee in the property. Chapter 7 discharges the debtor's personal obligation to pay the debts, but the mortgages are not removed. If the first mortgage was not foreclosed, the second... Read more »

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1 Answer | Asked in Traffic Tickets and Insurance Defense for Michigan on
Q: I lost my insurance 2 years ago and had an accident. Their insurance is trying to get me to pay $6000 for her repair.

I was given a ticket for impeding traffic. I did hit the back left side panel of her car.

Mark Bredow
Mark Bredow answered on Jun 23, 2020

Michigan is a No-Fault state. This means that all drivers are required to purchase insurance on their vehicles and that if there is an accident, regardless of who is at fault, each driver's insurance pays to cover their own medical bills, lost wages and damage to their own vehicle. The... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Is an "unsafe start" traffic violation solely up a Police Officer's discretion? Is this ticket worth fighting>?

I really feel like my CI was issued solely because i was on Woodward ave. with a muscle car. I took off from a stop light but didn't accelerate quickly until I was well past the light. I keep it under the speed limit and didn't spin my tires. My car is louder than a newer car which could... Read more »

Mark Bredow
Mark Bredow answered on May 30, 2020

Sure. Particularly if you have a witness. It all depends on the facts of the case. Unsafe doesn't require speeding or spinning tires and can include "jackrabbit" starts and rapid acceleration from a rolling start. You could win. You've got nothing to lose.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: If I paid for my speeding ticket online, do I need to sign the one they gave me and send it in still
Mark Bredow
Mark Bredow answered on May 14, 2020

No. But you should contact the court and confirm that they received the payment and that they have updated their records to show that the ticket is paid. If they have not, do not miss any court appearances. Go, and provide proof.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can I get a ticket since all the secretary of state offices are closed?

I just purchased a motorcycle as a daily driver as it was the only thing I could find that I could afford. I filled out the title and got insurance on it, but I can't get title transferred, get it registered, get it plated, or get my motorcycle endorsement due to everything being closed. I... Read more »

Mark Bredow
Mark Bredow answered on May 14, 2020

Under Governor Whitmer’s Executive Order 2020-78, law enforcement officials are not

permitted to arrest any person or impound any vehicles as a result of vehicle registration,

driver’s license, or chauffeur’s license that expired between February 1, and June 30, 2020....
Read more »

2 Answers | Asked in Traffic Tickets for Michigan on
Q: Can you get arrested for a bench warrant? If you go to pay a long over due fine (5+ years), will they arrest you?

The fine/ticket was for a cracked windshield and something to due with his car but he did not have money to pay in at the time so he did not pay the ticket. It has been over 5 years since he had a car now and he recently found out he had a bench warrant. He want to pay the money but wasn't... Read more »

Mark Bredow
Mark Bredow answered on May 14, 2020

I agree with Mr. Ford's response 100%. I would add the following. This advice only applies if you have no OTHER outstanding unpaid tickets, have not failed to appear at other cases, and have no other warrants from any other court. If there are warrants from any other jurisdiction, they will... Read more »

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1 Answer | Asked in Consumer Law for Michigan on
Q: Trying to receive refund from my child's preschool due to school shutdown for covid-19

I know these are unprecedented times we are all going through but long story short my son's baby and me program put on by a local independent preschool has been canceled since mid MarchI've contacted them asking for a refund for the days the school was not open since we paid upfront back... Read more »

Mark Bredow
Mark Bredow answered on May 5, 2020

I think that you would be hard-pressed to get a refund. First, read the agreement carefully. You have to look to see if there are any provisions that assign the risk of missed days? The agreement states that you have to pay for days that your child is not there. Many contracts of this kind have... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Michigan on
Q: Can I operate a motorized bycicle under 50cc in Michigan on public roads without a moped or driver's license?

Motor has a top speed of 28mph and produces 1.9hp. The displacement is 48cc and it has a muffler. The pedals would still be operable as normal and don't get removed in the process of installing the engine.

Mark Bredow
Mark Bredow answered on May 5, 2020

Put simply, no. Mopeds must be registered at a Secretary of State office unless operated solely on private property. A three-year registration decal costs about $15.00. If you do not have a valid operator or chauffeur license and are at least age 15, you may apply for a moped license. You must... Read more »

2 Answers | Asked in Collections for Michigan on
Q: Can she do something?

My boyfriend was on his exes phone plan. He needed a new phone because that one didn’t work so he cancelled the phone on her plan(she gave him the account # & pin) and went through a different company. she’s now saying that he owes her money but his name was never on the contract and he... Read more »

Mark Bredow
Mark Bredow answered on May 5, 2020

She could file a small claims case. But she faces a difficult time. The contract was hers, so if the phone was purchased through that plan on installments, then it's her phone and her responsibility. This sounds like it could be a gift. Gifts are not to be repaid and a court will not... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I am currently in a chapter 13 plan which will end on 4/28/20 in the state of Michigan.

I have made all of my payments, in fact I have made 63 payments in a 5 yr plan they started taking payments on my filing date, since my plan will be done 4/28/20, do I still have to give up the 2020 stimulus, I have not received yet and not sure when I will receive it. I have read all of the... Read more »

Mark Bredow
Mark Bredow answered on May 5, 2020

The answer depends upon the terms of your plan and when you completed your plan. If you are in a 60-month plan, the 60 payments start on the date the plan is "confirmed", not from the date you file or the date you make your first payment. Your plan dictates what is to be paid to the... Read more »

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can an apartment take my security deposit and say I owe them money for damages when there were none we have pictures.

They said there was damages to a countertop and bathroom vanity and there was absolutely nothing wrong with them and we took pictures. My security deposit was $300 and they took that and said I owe them $231. They also got $300 for a week's rent when monthly rent is 595 for supposed late fees... Read more »

Mark Bredow
Mark Bredow answered on Apr 7, 2020

Respond to the landlord's notice of damages in writing within 7 days of the date that you received the notice of damages. Mail it to the LL certified mail and get a receipt. If you dispute the damages in this time the landlord has a choice, refund the security deposit or take the matter to... Read more »

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2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My wages are being garnished from my check. Can I just raise my federal withholding a lot and get it back next year?

I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?

Edit:... Read more »

Mark Bredow
Mark Bredow answered on Mar 29, 2020

No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got ticketed for not having my insurance info present and for having a suspended license that i was not aware of

After the policeman ticked me, he asked me for my phone number. Normal?

Mark Bredow
Mark Bredow answered on Jan 28, 2020

It is not unusual. Certainly, not improper. Remember, a police officer can ask any questions she wants. You are required to produce your license registration and proof of insurance, you are free to decline to answer other questions.

2 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if the trustee didnt file the final report for distribution of assets before the due date?

My Chapter 7 has been reopened due to receiving assets, the judge ordered trustee to file final report on June 1, 2019 but I havent gotten any information since then and the status of the case is still "awaiting trustee's report"

Mark Bredow
Mark Bredow answered on Jan 28, 2020

There likely no real consequence. It's possible the T received an extension. If the delay benefits creditors without impairing your rights the court won't sanction. You may wish to look into filing a motion to compel the trustee to abandon the assets to you. An attorneys review is recommended.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Michigan on
Q: What to do about court fines and warrents.

I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »

Mark Bredow
Mark Bredow answered on Jan 13, 2020

Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a no proof of insurance ticket in Michigan. I do not have insurance. What do I do?

I got pulled over for a headlight out in Isco country. Got a no proof of insurance ticket.

Mark Bredow
Mark Bredow answered on Nov 28, 2019

Contact Court. Schedule ticket for formal hearing.

Before the hearing, buy insurance and obtain written proof of insurance.

Before hearing, go to Secretary of State and obtain copy of your driving record.

Attend hearing, talk to city attorney and present proof of insurance...
Read more »

2 Answers | Asked in Traffic Tickets for Michigan on
Q: Received a DWLS citation (MCL 257.9041B) BUT my licence was valid. Driving status was questionable. Now what?

Proved that I was valid driver within the ten days allotted. Arraignment was set anyway. At arraignment was told I had to set a pretrial confrence. Etc.....

Mark Bredow
Mark Bredow answered on Nov 25, 2019

Set the case for a pretrial. Contact the Secretary of State and purchase your driving record. Ask them the status of your license. Ask them if there were any restrictions on your license when you were stopped. It is possible you have unpaid tickets that resulted in a suspension? If so, contact... Read more »

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1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: If a cop gets behind you and doesn't flick his lights and you park and walk away is that a crime even with bad plates?
Mark Bredow
Mark Bredow answered on Nov 25, 2019

The crime appears to be that you were driving a car without proper registration. If the officer was following procedure, he ran the plate through his computer and the crime would be obvious. The officer could not have known about the lack of insurance. The offer need not turn on his lights for... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can I fight Section 257.602b traffic ticket arguing the language of "text message" did not apply in my case?

In Michigan State Traffic Law, Section 257.602b, can I argue that I did not violate the Section, questioning the definition of a "text message" stated in the Section? I understand a text message can be one sent via SMS for example one using the cellular network, and may not include other... Read more »

Mark Bredow
Mark Bredow answered on Sep 12, 2019

The phrase "text message" is not a defined term. The court will likely attribute to it a general definition rather than a strict one limited to SMS. A court is likely to interpret the statute in accordance with the activity that is being regulated and the harm that it is intended to... Read more »

4 Answers | Asked in Collections for Michigan on
Q: I have a judgement against me by consent allegedly entered by my defense attorney, I don't have an attorney

I have never heard of this attorney that allegedly represented me, I have not gone to court over this matter, but apparently a hearing was held and an attorney seems to have claimed to represent me, and consented to a judgement against me, and agreed on my behalf for me to repay the money. But... Read more »

Mark Bredow
Mark Bredow answered on Sep 9, 2019

Yes. If you did not agree it can be set aside. You'll need to file a motion with the court that granted the judgment and mail a copy to the creditor's attorney and the "defense attorney"

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