Get free answers to your Civil Litigation legal questions from lawyers in your area.
We refinanced a 30-year mortgage with 3 years remaining, and we were told the refinance was approved for a short term. However, after my wife's passing in September 2024, I discovered that the new mortgage is for 30 years instead. Despite attempts to contact the mortgage company, they have not... View More 
answered on May 19, 2025
It is possible to pursue a lawsuit for punitive damages under a mortgage fraud cause of action in Michigan, provided certain conditions are met. Michigan law allows for punitive damages in cases involving fraud, where the conduct is extreme, willful, and intentional, and where the fraud results in... View More
My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More
answered on May 12, 2025
You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More
My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More
answered on May 13, 2025
I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.
People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a... View More
I am concerned about the legality of a transaction made by the CEO/President of a nonprofit organization in Michigan, who transferred $150,000 of the organization's funds to a for-profit company under their control. The purpose of the transfer is unknown, and there was no board approval for... View More
answered on Apr 14, 2025
The transaction is questionable. We would need to review the company's articles and bylaws to identify the steps necessary to authorize such a payment, and we would need to review documentation of the payment to assess compliance with the articles and bylaws. Another issue is whether this is... View More
I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More
answered on Apr 8, 2025
If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?
Without seeing that document I can't even hazard a... View More
I gave my ex-girlfriend a 30-day notice to vacate, which she acknowledged with a handwritten letter stating she'd be out in 30 days to avoid eviction on her record. She didn't leave, so I filed for eviction in Michigan a week after the deadline. She's now claiming she'll move... View More
answered on Apr 4, 2025
I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.
You DO need to serve her however, but so long as you are only looking for eviction and... View More
I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More
answered on Mar 29, 2025
Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.
You won't hear... View More
I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More
answered on Mar 28, 2025
Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More
One of my relatives was involved in a horrific auto accident three years ago, which was not their fault. As a result, they have undergone several surgeries and will walk with a limp for life. Earlier this year, they were offered a settlement in the low 6-figure range, which they declined. They... View More
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answered on Mar 17, 2025
They have an attorney so they should discuss their legal options with their attorney who will make recommendations. If they are not satisfied with the offer, they could simply file a lawsuit and seek a jury trial. Some insurance companies will not make a reasonable offer until a lawsuit is filed.... View More
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More
answered on Mar 13, 2025
Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More
I am a widow, and I own a house in Michigan that I intended to flip. My husband, who is now deceased, added his daughter to the deed solely for cheaper insurance purposes. I am also on the deed, and I am the sole person on the mortgage. My stepdaughter believes the house is hers and is living... View More
answered on Mar 18, 2025
Your remedies at law will depend upon how the deed is held between you and your step daughter. The 'magic' language in the deed controls how you may be able to proceed in circuit court for a declaratory action of partition. You also may have rights to financial contribution as well.... View More
My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More
answered on Mar 12, 2025
They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.
This situation needs to be reviewed by a local probate / divorce attorney... View More
I am part of a homeowners association for a subdivision with private streets, and we're facing issues with property owners blocking a 33-foot street that is meant for all residents to use. Despite new signs indicating these are community streets, some landowners are preventing access by... View More
answered on Mar 1, 2025
We would need to see the earlier court decision to determine if the homeowners are in violation of the court order. If so, then, if the settlement agreement allows for the court to reopen the matter, an attorney would be able to go back to the earlier court to review the settlement and ask the... View More
Am I required to file a motion to amend and a brief prior to the complaint being served on defendants if I plan to amend the complaint by attaching it as Exhibit A in the Eastern District Court of Michigan? Also, do I need to add additional statements of claims for new counts?
answered on Feb 27, 2025
I understand you're probably well-intentioned, but if you're asking a procedural question like this, you REALLY should not be litigating without an attorney. At the very least, find a local lawyer willing to review what you have and explain HOW to do what you're trying to do. It will... View More
I was at a casino where I was told by a worker I would need to leave for 24 hours if I swore again after I made a comment about their games. I didn't swear again, but called the worker a "mean little troll." She claimed I used a bad word with "troll" and called the police.... View More
answered on Feb 27, 2025
Here's the thing everyone needs to understand: this isn't a TV show or movie; cops don't have to Mirandize you or even really explain anything to you. On the street (or in this case, in the casino) is not the time to plead your case.
You're probably right that there... View More
What is a protective order concerning my 7-year-old son's car accident settlement money? I am his mother, and I'm unsure about its implications and would like to understand more about it.
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answered on Feb 17, 2025
This most likely means that there is some type of protective order issued by the Court protecting the proceeds of the settlement from being spent until the minor reaches the of 18. Although it could mean some other type of protection related to the settlement proceeds. The purpose of a protective... View More
What is a protective order concerning my 7-year-old son's car accident settlement money? I am his mother, and I'm unsure about its implications and would like to understand more about it.
answered on Mar 19, 2025
In virtually every state, personal injury awards for infants usually need court approval. It sounds like something in connection with that. In many states, this can involve a separate hearing or appearance before a judge. This is to protect the interests of minors until they reach adulthood - and... View More
I am from Michigan and had an embezzlement charge in 2019. I was under 25, so I was granted HYTA, pled not guilty, and was sentenced to one year of probation and restitution fees. I completed my probation and paid all fees, yet my record isn't sealed. The court says I failed to complete a... View More
answered on Feb 17, 2025
You perhaps have a misunderstanding of what happened. First, you state you pled not guilty; you would not be on probation with HYTA unless you pled guilty - it's right there in the statute as a requirement.
What does your order discharging you from probation state? The court is right... View More
I am under contract to purchase a rental property currently in the process of receiving a rental liceance from the city. My purchase agreement stipulates that the rental liceance must be granted before the deal is closed. During pre-purchase inspection, several major structural and health issues... View More
answered on Jan 29, 2025
The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More
They asked for no id and the minor crashed their parents car n damaged it. They also refused to give the parents the owners information
answered on Dec 14, 2024
I'm unsure two wrongs make a right here for you as the parents. The store is wrong for selling liquor without carding (assuming they did not in fact card the minor; how would you know that to be a fact?). The minor is also wrong for making the purchase.
More to the point, I think you... View More
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