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Brook McCray Smith
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Brook Smith’s Answers

594 total


  • Am I liable for these total costs? Is the "commitment contract" I signed legal and binding since she did not sign it.

    I signed a 'Commitment Contract' for a synchronized skating team in Michigan. Only my name appeared on the contract. The owner of the team did not sign it. Nor did I receive a copy back with her signature anywhere on it. My signature was not w...

    Brook’s Answer

    As Mr. Klisz advises, you should go to the small claims court hearing and lay out the situation. The court will decide the matter. Be sure to carefully review all the terms of the Commitment Contract to determine whether the "Contract" imposed any obligations on the team owner. If you signed a valid contract, it will be enforceable regardless of whether your signature was witnessed or notarized. The main issues are whether your performance of the agreement was impossible because of your child's father's unwillingness to allow her to attend and whether the "team" had foreseeable damages.

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  • What do we need?

    Do I need a document in place to keep my wife and my estate out of probate. We have two children.

    Brook’s Answer

    To get an accurate answer to your question, you need to visit with an estate planning attorney, who will be able to discuss your needs as well as your current financial situation to come up with a plan or plans. Regardless of the size of your estate, it is important to do advance planning to achieve your goals.

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  • What do I do to get a land contract buyer to pay or get the property back?

    I have a home that I sold on land contract. She has stopped paying several times. She's difficult to get in touch with and now I'm late on the loan.

    Brook’s Answer

    You will need to decide whether to forfeit her interest in the property or foreclose on the contract. Once this decision is made, there are statutory requirements in addition to any requirements set forth in your contract that need to be followed. I recommend that you engage a real estate attorney to assist you with the process. S/he can draft the necessary forms and file the requisite law suit on your behalf.

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  • Why does Ditech NOT have to abide by TRID and allow 45 days?

    We have negotiated a short sale. We received approval from Ditech/Greentree. They gave us a 40 day approval with the new TRID guidelines I need 45 days. Keep in my mind we had Christmas, New Years Day and MLK day so the banks were closed. They ref...

    Brook’s Answer

    Regrettably, there are no statutory or regulatory requirements that outline required terms to be imposed on a lender for a short sale. All you can do is to keep the lender informed of the status and ask them for the additional time necessary.

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  • Average costs of doing this and what we should bring into an attorney to help expedite and simplify?

    I'm starting a small business with a friend and we want to have paperwork written up regarding our terms of partnership.

    Brook’s Answer

    You should contact an attorney who handles LLC formation and schedule an appointment to discuss your needs. In order to tell you the cost of forming your entity, an attorney will need to know more about your business plans and needs.

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  • Is she entitled to any compensation? Can I pay her off with an equity loan? Can I remove her from mortgage by refinancing alone

    I purchased a home in Michigan with my fiance in 2012. It was an FHA and MSHDA loan, MSHDA paid the downpayment and they required anyone in the household to be on the loan. My fiance did not work and never contributed to the mortgage. We split ...

    Brook’s Answer

    As Mr. Brennan indicates, your "fiancé's" rights will be determined by the language of the deed as well as the facts surrounding her having been added to ownership. You are well advised to hire a real estate attorney to assist you with this matter.

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  • How do I get my name off the mortgage if we split up?

    Living with partner not married have house with both our names on the mortgage

    Brook’s Answer

    As Mr. Colthurst and Mr. Redding have indicated, the only certain way that your co-owner could eliminate your liability under the mortgage and promissory note that you signed would be to join with you in a sale of the property or refinance solely in his name, giving you any equity in the property that you are owed. If the co-owner is willing and able to do this, your problem is solved. If not, your options are limited and more expensive. You should take all of your documents for an appointment with a real estate attorney who can discuss your options, their cost and likely outcomes.

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  • Do I ask for a 1099 on my personal name or my business name

    I have been self employed past 3 years just this year May 2015 opened up an LLC pass other years was just my name does company did work for issue 1099 in my name or my company name opened may 2015 I own company 100%

    Brook’s Answer

    If you are the sole member of the LLC, then it is a "disregarded entity" and will use your social security number as its TIN. You can request the 1099 in either your name or the company's name but with your SS#. You will report the income and expenses of the LLC on a schedule (likely Schedule C) to your personal tax return.

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  • Is this legal? How can I get out of the contract and save my daughter from this horrible program

    My daughter is an All-Star chearleader on two of their teams. Her mother signed a contract with the coach staring that my daughter will be participating on both teams for x amount of time. My daughter is physically and mentally drained. She's at s...

    Brook’s Answer

    It may be necessary to hire an attorney, but if you, your daughter and her mother agree that cheerleading is negatively impacting her grades, your first step should be to request a conference with the three of you, the coach and the school principal.

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  • Married man quit claimed to LLC. I bought. At closing wife quit claim to husband & LLC to me same date. Recorded backward Ok?

    Does order of deed recording matter? The owner of a parcel quit claimed his interest to his LLC. The title company noticed that his wife had not signed the quit claim deed. I assume this created a dower problem. At closing, the title company ...

    Brook’s Answer

    As the other attorneys have noted, it's probably not a problem, except that it may require explanation. You should contact the title company that handled the closing, tell them of your concerns and ask them to correct the problem now - perhaps with a recorded affidavit indicating that the deeds were not recorded in the correct order. In any event, be sure to review your Owners Title Insurance Policy, make sure that it confirms that you have marketable title, and then hold on to it until you sell..

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