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Elias T. Xenos

Elias Xenos’s Answers

15 total


  • 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

    quit claim deed. He pays the taxes and mortgage payment.

    Elias’s Answer

    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.

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

    how long does forclosure take

    Elias’s Answer

    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.

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  • How can I pursue a perjury case from the plaintiff in a criminal trial if they admitted to giving false testimony?

    I was accused of a capital offense crime by my estranged wife. I was found not guilty from a jury trial, during the trial my attorney caught her up in many lies and she admitted to giving untrue testimony in court. is there any way I can pursue a ...

    Elias’s Answer

    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.

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

    I gave the current occupant a Notice to Quit, Termination of Tenancy, Landlord-Tenant (dc100c.pdf) on Oct 29, 2010 after the property was paid for at the county treasurer office. I received the QC deed dated Nov 29, 2010. What is the process to ...

    Elias’s 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). If the occupant appears and asks for an adjournment, the court will typically grant his/her request. On the eleventh day after entry of the judgment, fill out a writ of restitution application and file it with the clerk. This is the "eviction" document.

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  • 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?

    This bill is for $800 and is just 6 months old. I was in contact with the office a number of times explaining I am more than $5000 in debt with medical bills, all older than this one. Financially I am unable to make payments rught now, and now I...

    Elias’s Answer

    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.

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

    is this true ? If so why?

    Elias’s Answer

    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.)

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

    I am 1/3 owner of a small c-172 aircraft for a last seven years , but my partner (2/3 owner) is not giving me aces to the airplane for a last year... he is trying to sell the airplane with out my permission . Can I file a lawsuit against him and h...

    Elias’s Answer

    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.

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  • My brother can become legal?if he overstayed his visa for 20 years.

    Is he can wait for green card in us or he has to go back to the country.

    Elias’s Answer

    He might be eligible for a form of relief called "cancellation of removal." Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who--

    1) Has continuously resided in the United States for at least ten years; and
    2) Has been a person of good moral character throughout this time; and
    3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
    4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.

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  • My friend can get deported for three arrest that happened over 20 years ago?

    My friend is a permanent resident. After coming back from vacation in MX. US Customs in TX. question him for about 5 hours, they took his resident card. Told him to find a lawyer because there is a possibility he might get deported. Customs stated...

    Elias’s Answer

    Your friend can be placed into removal proceedings. A noncitizen is removable if convicted of an offense related to a controlled substance, other than a single offense involving possession for his own use of thirty grams or less of marijuana. Time to talk to a lawyer.

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  • How can my husband qualify for voluntary deportation and then file for a resident card

    was arrested for no license and mis. obstruc.is now in a detention center. court o oct 20.we are married over 10 yrs. I was born here. never any drug or violent crime charges.

    Elias’s Answer

    If your husband requests voluntary departure at his master calendar hearing as the only form of relief, he may not request any other form of relief, must concede removability, and must waive his right to appeal the decision.

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