Michigan Recent Legal Answers from Lawyers

These are RESPA violations. They are REQUIRED to send statements. They are REQUIRED to send Notices of rate increases. "The creditor, assignee, or servicer of an adjustable-rate mortgage shall provide consumers with disclosures, as described in this paragraph (c), in connection with the adjustment of interest rates pursuant to the loan contract that results in a corresponding adjustment to the payment. To the extent that other provisions of this subpart C govern the disclosures required by this paragraph (c), those provisions apply to assignees and servicers as well as to creditors." They are the Creditor or Servicer. Under 12 CFR § 1026.20(c), they are REQUIRED to serve notice. This does not prevent them collection activities. But if they report you as late or behind, it hurts your credit score. You might need legal help on this. You can reach out to the State Bar Lawyer referral service or contact me 248 353 5555.... Read More

If they accelerated the full balance of the loan, the only thing you can do is somehow get a new loan and them off. Usually, they just require you to resinstate, paying all owed payments. If you can come up with the cash to reinstate you can call and see if they will reinstate the loan. Best of luck to you.... Read More

OK, the lease is in YOUR name, it either permits pets or not. Even if the lease permits pets, if there is a written lease to the subtenant giving you the right to allow pets or not, it is still your choice. If the sublease is silent about pets, you are still the tenant of record. The landlord has no right to alter the lease without your written permission, nor does your subtenant. Best to put it in writing to both LL and subtenant that you don't want pets and, if for any reason pets do appear, you reserve a right to charge a cleaning fee on moveout and an additional monthly fee to the subtenant for damage and cleaning. Good luck.... Read More

there are a few ways to resolve this- record a renunciation of interest in the property(s). have dad record a quit claim removes you from title (you will have to co-execute the deeds). Also, if your dad gives you a hold harmless, so long as the damages form the suit are less than the property, he has to make good on any losses to you from the suit. any competent lawyer can help you get this done. good luck to you and let me know if I can be of help... Read More

There is no maximum time limit for traveling outside the US when holding H-1B status, but you should be able to convince Customs and Border inspection that you still have a bona fide H-1B job in the US. A job letter confirming your continuing employment may help. I note that we have had H-1B clients who traveled outside the US for longer periods than you are contemplating and returned without incident. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Unless you are on the lease it is a really bad idea to have your money as the security deposit for other people. If damage happens, however it happens, the landlord will look to your security deposit to do the repairs and there is nothing you can do about it. Even if you have a writing from the other tenants promising reimbursement, you still have to collect from the others. Hard to do. Best for them to have their own lease and their own security deposit.... Read More

Unless the original contract provides for a storage or rental fee for the use of your land, you have no right. What you do have a right to do is to send them a registered letter to come pick up their tank in 30 days and, if they do not call to schedule a pickup or fail to pickup if they set a pickup date, then you can haul it away for scrap. ... Read More

You need an employment law attorney for this you can call 800 968 0738 for the attorney referal service of the state bar. Because you are working in a medical field, I do not see you having much of a claim. their defense will be this is health care and we can mandate health safety. So even though there are many who believe masks don't do much, the fact is they can argue it comforts patients and probably win. ... Read More

If the lawyer lied and you can prove it, you can file a complaint with the attorney grievance commision to do that: you need the transcript or document that the attorney filed that is false and then irrefutable documentation that it was false understand that there is a difference between saying something wrong without intending to lie and saying something wrong and you know or should have known it was wrong. the last bit is the sin the grievance commission does not tolerate. this is a high bar to reach. attorneys are allowed to rely on what their client's tell them until it is obvious that there is not chance what they are saying is true. if this matter is in 36th district court, there are a couple of lawyers there who have well earned reputations for falsehood. To prevail against them, you will probably need to team up with several other defendants to show a pattern and practice of this conduct. If you want to call and get more information about this process, feel free do so. ... Read More

this is a major mistake in drafting. you need to either get a quit claim from the incorrect person on that deed or file an action for quiet title on the property. also, since the person whose name is one the incorrect deed can sell the property without your say-so, recording a Claim of Interest to prevent transfer of the property to any third party is highly advisable. You definitely need to retain a real estate attorney for this matter. If I can be of service, feel free to be in touch.... Read More

If you don't have a buyer, hire a broker and list the property for sale. As long as the lady bird deed was recorded, you should not need to go to probate. Since the brothers are both old, it might be wise having them sign a durable power of attorney so the sale can be completed if something happens,.... Read More

the buyer might be able to sue for specific performance and you might have to sue to rescind the agreement but your first step is to tell the buyer the price for your signature on the contract is an increase in the price to cover clearing. note, depending on the land, the timber might be worth something so you might want to be sure that, if you clear it, those proceeds are yours. you are probably best served having a lawyer write the letter demanding rescision or increase  good luck... Read More

You will need to sit with an estate and planning lawyer to do this right. The easiest thing to do with your real estate and other property/accounts is put them in both your names now, then when you pass, everything is already done for you. Still, it is always best to plan with legal counsel, the few hundred dollars to do it, might save tens of thousands in probate later. the bigger the estate the more sense it makes to get legal help... Read More