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Michigan Questions & Answers
1 Answer | Asked in Consumer Law and Business Law for Michigan on
Q: I have renters who have not paid rent for 2 months can I evict them yet due to Covid 19?

They don’t think I can evict them and they have said they have no intention to move or pay rent I would evict them but I don’t think I can right now

Brent T. Geers
Brent T. Geers answered on Jul 1, 2020

They (and you) are right. The moratorium on evictions is extended (currently) until July 15.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Michigan on
Q: If I vacate a home I own with another unmarried person in MI, does that person have gain rights to my share of the home?

We have resided together for 20 years (last 10 in MI where the house is). We own it jointly. I have made all the payments and have proof. If I move out, and continue maintaining the home and paying the mortgage, can the other person gain financially when we finally sell due to my not residing in... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 30, 2020

You do not need to reside in a home to maintain an ownership interest in it.

However the nature of the ownership matters. I would suggest you bring a copy of the deed to a local real estate attorney ASAP to review that and ALL the circumstances.

There may well be issues not...
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1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I have a neighbor that continues to aim,record,audio,and video wireless cameras on me,my son,my,nephew's,ect,
Brent T. Geers
Brent T. Geers answered on Jun 30, 2020

Are the cameras on their property, but facing your general direction? If they are, I'm unsure if you can do much about that. Now what they are doing or could do with those recordings is a different matter, and could be actionable in some instances.

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I was fired from a job because of a Facebook post on in a private group.

Fired me at will after asking me to take the post down

Brent T. Geers
Brent T. Geers answered on Jun 29, 2020

There is very little that's private on Facebook. Somehow, what you posted got back to your employer. You may contact a local employment law attorney to see if any exceptions to the general rule of at-will employment apply to you. Generally, though, employers are allowed to take action based on... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: 3 months ago I was pulled over In Oklahoma for speeding 100 in a 75. It was my first offense.

I didn't realize I was going so fast, I was following the flow of the traffic on the turnpike. I was issued 800 dollars in tickets, 1 for reckless driving for doing 20+ and the other for not having my insurance printed out (It was on my phone). I live in Michigan and could not fight the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 29, 2020

Short answer is yes, they probably do through what's called reciprocity. In a nutshell, many states cooperate with each other to enforce licensing restrictions. This prevents people from going between states to avoid penalties.

As to why your license is suspended: it's likely a...
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2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Do I have to follow sentence of probation if I file an appeal?
Brent T. Geers
Brent T. Geers answered on Jun 29, 2020

Yes you do. An appeal doesn't not stop an active sentence, with few exceptions.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a seller sue me if they sign a contract releasing me from a sale if I add in the verbage clearing of further action

I am days before closing. My uncle recently passed away and those who were willed the home reached out to see if I'd want to buy the house. I understand if I back out of the original home purchase I lose my deposit. I also know the seller can technically sue me for mortgage payments until the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 26, 2020

It may work, and it may not. ANYONE with $150 can sue for any reason whether or not a lawsuit is technically valid.

That said, IF and only if the release is worded appropriately it can protect you. BUT -- and I can't stress this enough, do not EVER take legal advice from a realtor! Or...
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1 Answer | Asked in Criminal Law for Michigan on
Q: We are down to the wire now Lewis Sanford is set to be sentenced Monday to a prison term of 6 yrs or 10.5 for possession

It's clear the prosecutor completely hates Lewis and has not been open to any negotiating and we feel our 7,000 dollars got us not alot of fight from our attorney but then again we don't know if he has done all he can yet ? Louie is guilty of possession not possession with intent there is... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 26, 2020

There is not a whole lot anyone can do at this point. Your attorney's job at this point is to advocate for whatever terms of the plea agreement and as low of a sentence as that agreement allows. For better or worse, Lewis plead guilty to PWID, not possession. Regardless if there were talks... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I underwent sexual harrasment at my work place for two weeks, I then texted my boss saying I needed to quit, planning on

Putting my two weeks notice in, the next morning when I showed up to see about the paperwork for such a thing, my assistant manager yelled at me to leave the store because I had quit, even though I hadn't filed the paperwork yet, punched me and physically threw me out of the back door of my... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 26, 2020

Sounds like there is a lot going on here and more facts are needed to fully evaluate your claim. If the sexual harassment was so severe or pervasive that it affected your ability to perform your job, you may have been subjected to a hostile work environment. I would recommend reaching out to an... Read more »

1 Answer | Asked in Energy, Oil and Gas for Michigan on
Q: I received a default request and entry. Can I still fight this?

I live in Michigan. I was sued over an unpaid balance to an electric company. I tried telling the debt collectors that I had never lived at the address in question. A family member had used my info to get power on at their residence, which they failed to pay. I was served by a packet left at my... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 26, 2020

You can. If successful, you may get a chance to answer, and proceed to trial or try to negotiate with the electric company. It will be tough though. Most process servers are pretty good documenting their attempts to reach you, and if where it was left under the door is your address, you'll... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Does an "AS IS" offer hold up in Michigan Real Estate Law?

House under contract, Seller countered Buyer's offer and added in the Purchase Contract an "AS IS" clause and was accepted by the Buyer. Buyer had inspection performed and now wants to come back asking for me to reduce price for items that were found on the inspection, even though... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 26, 2020

The facts you state don't completely jive with an 'as is' contract.

Was there an 'inspection' clause? Why would you do that if the offer was really 'as is'? Under the law, unclear provisions are construed against the drafter in most cases.

Without...
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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 »

Thomas. R. Morris
Thomas. R. Morris answered on Jun 24, 2020

If the borrower on the second mortgage loan received a discharge in bankruptcy, and did not reaffirm the debt, that borrower no longer has personal liability, and cannot be pursued for the loan, whether or not the amount owed is a "deficiency."

There are some assumptions in your...
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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 Real Estate Law and Animal / Dog Law for Michigan on
Q: Neighbors got a pitbull puppy. Are they required to get a fence or some type of confinement system?

We have a dog and 2 small children. We had an electrical fence installed to contain our dog. We live in Michigan. Are there any laws that required pet owners to get a fence or containment system installed?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

In most areas dogs are required to be contained by either some sort of fence (invisible fencing is acceptable) or on a leash when not in direct control of the owner.

The ‘direct control’ is the tricky part. (Think hunting dogs For example, that are allowed to be off leash So long as...
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1 Answer | Asked in Employment Discrimination for Michigan on
Q: Can I voice record my supervisor due to harassment and retaliation ? I work in a government agency I live in Michigan
Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

This is a far more complicated question than it appears. Michigan law makes it a crime to "use ... any device to eavesdrop upon [a] conversation without the consent of all parties." and further prohibits installing a recording device in a 'private location' without the consent... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: My father's current guardian is misusing his money and giving some of his money to her daughter.

Should I modify the guardianship and seek guardianship and conservatorship on my father . The conservatorship case closed.

Trent Harris
Trent Harris answered on Jun 22, 2020

You need to get a consult with an experienced probate attorney for these matters. There is a ton of additional information that needs to be discussed and considered, before anyone can give you an answer to your question. Call a probate attorney in your area, and set up a consult.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hi I have a question about adult guardianship case. I want to terminate my Father's guardianship case.

Can I have power of Attorney over my parent if someone else has guardianship over him

Trent Harris
Trent Harris answered on Jun 22, 2020

No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.

The alternative is that you could ask the...
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1 Answer | Asked in Immigration Law for Michigan on
Q: For adjustment of Status.Filled all forms I-485,I-131 I-130,I-130a,I-765, I-864.What will be review fee from lawyer
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 22, 2020

Hey, first of all, it looks like you are missing one important form for adjustment of status. I offer a review service for an affordable flat fee which includes Providing your Cover Letters, Ensuring all supporting documents, fees and signatures are included and mailing the package.

Every...
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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a ticket for crossing an electronic railroad signal.

I got a ticket for crossing an electronic railroad signal. When I look up MCL 257.667 it says that when the signal is flashing you must come to a complete stop and only proceed when it is safe to do so. There was no crossing gate, barrier, or cop directing traffic. I did come to a complete stop,... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

You have as good a case as any.

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