There's a federal law known as the "Protecting Tenants at Foreclsoure Act". WHen the property is sold in foreclosure (assuming the buyers did not buy the house with the intention to make it their personal residence, which is unlikely), they must give the tenants a minimum of 90 days or the reamining term of the lease, whichever is more. There are some additional requirements, such as there is a "good faith" lease, such that the tenants are not related to the landlord and paying reasonable...
I agree that you were not properly notified (i.e., served with the lawsuit in the manner required by Michigan law), then you may have grounds to eliminate (vacate) the judegment in Michigan. if you are not able to do so, Florida law has certain protections against their collections efforts. You may also consider bankruptcy, depending on where you ultimately establish residency.
If this debt is not legitimate, you may have the right to sue this creditor to, not only stop the garnishment, but also for violation of debt colletions laws (Fed and state). You should consult a consumer protection attorney right away.
I'm not entirely certain of the question that you're asking, but it sounds like you're a homeowner in an association that requires tenants to apply for approval to live there but not enforcing this rule? If that's the case, you should ask the HOA's board members to enforce their rules on the books. The HOA has the power to enforce its CCR's, and they should have an attorney who'll do this work for them.
To the extent he made any gifts, the recipeint of the gift becomes the owner....and remember that it's illegal to take property that belongs to someone else without their permission (he would be stealing). First recourse is to contact police, and you have civil remedies such as suing for civil theft (triple damages).
I agree with my colleagues. It is a "scare tactic", but they may may have the right to proceed with a lawsuit in which case a process server "may go to your house." You can consult with an attorney to help you defend against the debt and/or negotiate, or, depending on your circumstances, you omay be able to defend against collections efforts without bankruptcy. Finally of coruse, there is the bankruptcy option. Without obtaining more information about your circumstances, it's difficult to...
I would need more information to give you a solid opinion, which goes beyond the scope of this online forum. The filing of a Motion for Rehearing or Vacate, and/or appeals are very complicate matters that require a consultation with an experienced attorney who can fully evaluate your case and develop a strategy.
Creditors often use the threat of litigation to convince you to pay. However, it appears that the time for them to file a lawsuit against you may have expired. You should consult an attorney to find out more about your legal options, rather to be left guessing about your rights, or worse, forcing you to agree to give up rights you may have.
No, you have no legal obligation to record a mediation settlement agreement in public records, such a mediation report/agreement is filed with the court in the foreclosure case. However, you (or your attorney) should diligently monitor the court docket/file to ensure the mediation settlement is filed and bank dismisses the case.
Fl law specifically voids any provisions in the lease that bars the tenant from suing a LL. So you can sue your LL for breach of lease and/or for damage to your property. Futhermore, FL law requires LL to provide pest control services for an apt complex. However, you must provide a 7-day notice, and follow the procedural requirements of delivering the notice. You should consult with a knowledgeable LL-tenant atty in your area.