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Michigan Questions & Answers
1 Answer | Asked in Business Law, Consumer Law and Civil Litigation for Michigan on
Q: Can we sue for punitive damages in a mortgage fraud case with refinancing issues?

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

Edward Gudeman
Edward Gudeman
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

3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Michigan on
Q: Impact of handling a car accident improperly on claims or legal issues.

I was involved in a car accident where I hit another vehicle's rear, causing it to flip. I moved my car to a parking lot rather than staying at the crash site and did not approach the other vehicle. I provided my account to the police but did not take photos or gather witness info. Could the... View More

Tim Akpinar
Tim Akpinar
answered on May 21, 2025

Photos would have been helpful. If the car is not yet repaired, you could look into the possibility of photos at this point. As far as moving the car, insurance carriers and attorneys realize that cars often do need to be moved from their original positions in the interest of restoring traffic... View More

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2 Answers | Asked in Criminal Law and Internet Law for Michigan on
Q: Can I get in trouble if an online contact lied about their age? In MI, met someone online claiming to be 18, later found out they were 17. No lewd images, just flirtatious texts. Could I get into legal trouble if they press charges despite having proof of their age misrepresentation?

I met someone online through Valorant and Discord who initially told me they were 18. We flirted for a couple of days, but I became suspicious and asked them to confirm their age. They showed me an ID revealing they were actually 17, two months away from turning 18. Our interactions included only... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 13, 2025

It is unlikely that you will face any trouble over this. Technically, anyone can report anything to the police, but police and prosecutors evaluate intent, content, and harm. A charge is unlikely to be pursued unless there’s clear evidence of grooming, sexual content, or coercion. The person’s... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Seeking advice on filing uncontested divorce and requesting spouse to leave marital home in Michigan.

I have been married for 13 years and would like to file my own papers for a divorce to save money. This will be an uncontested divorce with no children involved, and neither of us wants alimony or retirement from the other. We have split our assets, and we plan to split our personal debts between... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

An uncontested divorce without children CAN be something "DIYable" but when you have property such as retirement plans and real estate to divide the phrase 'penny wise and dollar foolish' comes to mind if you're doing this to 'save money'.

Making a...
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2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Can I make a contract to search a sold property for hidden money?

I'm aware of a high probability that there might be hidden money in a house that my great-grandfather owned. The property has since been sold, and the new owners are unaware of this potential hidden money. I want to approach the current owners with a contract that allows us to search for the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

Generally speaking, you can enter into a contract to do anything so long as it is not illegal or against public policy.

So, no, you can't legally enter into a contract to murder someone, but you CAN enter into a contract to search a property with the owner of that property on whatever...
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3 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

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

David Soble
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David Soble
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

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3 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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2 Answers | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for Michigan on
Q: Understanding Michigan eviction law after foreclosure and canceled writ.

I am a tenant in Michigan whose home went into foreclosure. The bank issued a writ of eviction, but later canceled the eviction process. I'm trying to understand the implications of this situation regarding Michigan’s eviction laws under MCL 600.5701 to 600.5750. Specifically, what does the... View More

David Soble
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David Soble
answered on May 6, 2025

If the bank or lender is the successful bidder at the sheriff sale and the redemption period expires, they can then file for an eviction against all occupants in the property. If they obtain a judgment, they can ask for a writ to be issued and must do the eviction within 56 days. Otherwise, they... View More

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3 Answers | Asked in Bankruptcy, Business Law and Business Formation for Michigan on
Q: How to prioritize repayment of personal guarantees when dissolving LLC without legal issues?

When dissolving my LLC, I need to pay back several personal guarantees, including an SBA 7 loan with monthly repayments, a line of credit from a credit union, overdue business rent, and accountant fees with net 30-day terms. No creditors have contacted me yet, but I want to ensure I don't show... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 28, 2025

You need to ask whether there is advantage or virtue in not showing preferential treatment. If you don’t have enough to repay everyone in full, you might want to use your own best interest as the criteria for deciding who to pay. An attorney could help you to choose between different options to... View More

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3 Answers | Asked in Bankruptcy, Business Law and Business Formation for Michigan on
Q: How to prioritize repayment of personal guarantees when dissolving LLC without legal issues?

When dissolving my LLC, I need to pay back several personal guarantees, including an SBA 7 loan with monthly repayments, a line of credit from a credit union, overdue business rent, and accountant fees with net 30-day terms. No creditors have contacted me yet, but I want to ensure I don't show... View More

Edward Gudeman
Edward Gudeman
answered on Apr 29, 2025

You might want to consider filing for bankruptcy. Chapter 7 will clear all the debt and priority is not an issue, if all the debt you describe is unsecured. If you do not qualify for Chapter 7 or do not want to take advantage of it, Chapter 13 will place all unsecured debt on equal footing.... View More

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3 Answers | Asked in Probate, Foreclosure and Real Estate Law for Michigan on
Q: Should I proceed with probate to sell a foreclosed property in my mother's estate?

I'm going through probate to acquire my late mother's estate, which includes a property currently in foreclosure. There are no other assets. I want to proceed so I can sell the property. The foreclosure process hasn't been completed yet, and my timeline is to complete everything in... View More

David Soble
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David Soble
answered on Apr 22, 2025

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

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4 Answers | Asked in Estate Planning, Probate and Real Estate Law for Michigan on
Q: Can executor transfer home to own name for reverse mortgage in Michigan?

I am the executor of my parents' living trust, which left the assets to be evenly split between my two brothers and me. I have the warranty deed for the house, and I need to buy out my brothers or sell the home within a few months. My brothers agree to be paid their share, with one directly... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.

Upon approval you...
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Q: Can sister force grandfather to leave mom's residence in probate issue?

My mother, who was buying the home, recently passed away. My sister, the executor of my mother's estate, is telling my grandfather that he must leave the residence immediately, cannot take or come back to feed one of his dogs, and cannot take anything with him until the will is read. We are... View More

Edward Gudeman
Edward Gudeman
answered on Apr 18, 2025

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More

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4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

David Soble
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David Soble
answered on Apr 16, 2025

The lender can sell the property at a sheriff's sale. At the time of sale, if no one else bids on the property, then they are considered the successful bidder, and they have an interest in the home subject to your redemption rights (6 months). During this time, they can assign out their... View More

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4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 16, 2025

I think that you misunderstand what happened. It sounds to me like the property went to foreclosure sale, the mortgage holder purchased a sheriff's deed at the sale by "bidding in" the debt, the redemption period expired, and the mortgage holder became the absolute owner of the... View More

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4 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 16, 2025

Here's a further answer:

If the redemption period has not expired, you could redeem.

However, the holder of a sheriff's deed is free to sell its interest in the property prior to the expiration of the redemption period.

If you were a joint owner at the time of...
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2 Answers | Asked in Business Law, Civil Litigation, White Collar Crime and Criminal Law for Michigan on
Q: Is it legal for a NFP CEO to transfer funds to their own for-profit without board approval in MI?

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

Thomas. R. Morris
Thomas. R. Morris
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

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2 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Michigan on
Q: Can I operate locally as "Kadosh" and later trademark it?

I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More

Patrick A. Twisdale
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Patrick A. Twisdale pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Initially, I would advise seeking trademark counsel to fully advise you on your situation.

There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of...
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2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

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

Kenneth V Zichi
Kenneth V Zichi
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...
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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Michigan on
Q: Is a rent increase from $520 to $690 at my MHP excessive?

I have been living in a mobile home park for 6 years, and my rent was last increased 12 months ago. Recently, my rent was raised from $520 to $690 without any specific reason provided by management. Other residents have received the same increase. I'm not aware of any local rent control laws.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 5, 2025

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting....
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