Elias T. Xenos’s Answers

Elias T. Xenos

Birmingham Immigration Attorney.

Contributor Level 11
  1. How can I pursue a perjury case from the plaintiff in a criminal trial if they admitted to giving false testimony?

    Answered over 3 years ago.

    1. Elias T. Xenos
    2. Pamela Koslyn
    2 lawyer answers

    Michigan has a common law cause of action for this type of situation called "abuse of process." You should meet with an attorney to determine whether a civil lawsuit based on this theory is worth pursuing.

    1 person marked this answer as helpful

  2. My husband and I purchased a home last July 2010. We have a mortgage on it. My son lives in the home. Can we add his name on a

    Answered over 3 years ago.

    1. Elias T. Xenos
    2. Perry B. Thompson
    2 lawyer answers

    Yes, you can quit claim him a joint ownership interest, but be sure doing so will not cause a default under your loan. The only way to be sure of this is to carefully review all of the mortgage documentation (e.g., mortgage, promissory note, etc.). You should also be mindful of any potential tax consequences. It's best to work with a lawyer on this task.

  3. I have not made a payment in like 5 months how long will it take for them to forclose on me

    Answered over 3 years ago.

    1. Elias T. Xenos
    2. Alan D. Walton
    3. Theodore Lyons Araujo
    3 lawyer answers

    By "foreclose," I assume you mean start the foreclosure process. Typically, a lender will start the foreclosure process once the borrower is 90 days past due on his/her payment, so the fact your lender has waited this long is abnormal. After a 4-week advertisement period, a sale is held. The sale is typically 30 days after the notice is given to borrower.

  4. I purchased a commercial property from a county tax auction back on Oct 27, 2010. How do I evict the current occupant?

    Answered over 3 years ago.

    1. Elias T. Xenos
    1 lawyer answer

    Your next step would be to prepare and file a summons and complaint for eviction, assuming the notice to quit expired. Serve the summons and complaint upon the occupant. You can ask for money damages too (aside from possession of the premises) if there is a basis to do so. The court will set a hearing date, typically a week or two after the filing of the complaint. Take a form judgment to court with you. There's an SCAO form for this (get it from the same place you got your notice to quit)....

  5. I have recieved a summons for an unpaid med bill, I am unable to make any payments because I'm unemployed, what can I do?

    Answered over 3 years ago.

    1. Christopher M. Mcavoy
    2. Elias T. Xenos
    3. Dorothy G Bunce
    4. Theodore Lyons Araujo
    4 lawyer answers

    In then event judgment is entered against you, you can also file a motion (request) with the court asking the court to approve an installment payment plan. Considering you have no steady source of income, you may be a good candidate for this relief.

  6. HOA had liens on property, the lawyer says the bank foreclosed on first. Now he tells us that this "will wipe out our lien ?

    Answered almost 4 years ago.

    1. Elias T. Xenos
    2. Teri A. Walter
    2 lawyer answers

    Depends what he means by "wipe out." Did he mean that the HOA lien would be paid off? If that's the case, he's probably right, since In Michigan, liens for homeowners association dues in the case of condos are usually superior in lien position to the first mortgage REGARDLESS of when they occurred. (So are mechanics liens or liens for any repairs or construction work performed on the property.)

  7. I don't have a aces to 1/3 own by me small aircraft

    Answered almost 4 years ago.

    1. Elias T. Xenos
    2. David A. Sebastian
    3. Philip M. Block
    3 lawyer answers

    Yes, but, hopefully, you some documentary proof of your investment and your 1/3 right in the aircraft. You should seek an injunction from the Oakland County Circuit Court if you believe the sale is imminent.

  8. Commercial Real estate, return of security deposit.

    Answered almost 4 years ago.

    1. Elias T. Xenos
    1 lawyer answer

    Your lease agreement will govern the condition in which you must surrender the premises. Independent of any contract or express agreement, at common law a tenant must treat the premises in such a manner that no substantial injury shall be done them through any negligent or willful misconduct on his part, and must make fair and tenantable repairs. However, a tenant is not liable for mere wear and tear of the premises, nor bound to replace any portion thereof worn out by time. Let me know if...

  9. My apt got broken into whyle me and my 2 yr old son were homw am i able to break my lease because we were in danger!

    Answered almost 4 years ago.

    1. Elias T. Xenos
    1 lawyer answer

    It depends. Your landlord has a duty to protect you from unreasonable risks of harm that result from the foreseeable criminal acts of third parties, if the danger was created or enhanced by the landlord. Thus, you may be able to terminate your lease if yhe break-in arise from, say, your landlord’s failure to provide adequate lighting and locks in common areas. However, your landlord's duty does not include providing police protection or security guards to prevent criminal acts, because a...

  10. My fiance' and I filed fr a K-1 visa and was denied because of the Adam Walsh Law. Is there any other way that I can bring her

    Answered almost 4 years ago.

    1. Elias T. Xenos
    2. Mark Richard Kowalewski
    3. Nicklaus James Misiti
    3 lawyer answers

    She'll need a waiver, and, assuming she's granted a visa by the embassy/consulate, she'll need to get married within 90 days of her entry into the United States. The waiver will have to be based on an extreme and unusual hardship (presumably to you). Call me if you want to discuss this in more detail.