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Neil C. Deblois

Neil Deblois’s Answers

6 total

  • Just got married in aug. i made the wroug move ,how can i get out of the marrige

    not getting alone

    Neil’s Answer

    Divorce in a short term marriage is relatively simple when there are no children or little property to divide. An annulment is a similar process however, in an annulment, you have to prove that there is some legal basis for the court to set aside the marriage. That is not required in a divorce under the "no fault" law here in Michigan.

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  • Greeen Tree LLC wants to take monies offered to me for property easement rights. I am not behind in my mortgage payments.

    A company called International Transmission Company (representing Brownstown Township) has offered me $2300 for easement rights to my property for vegetation management purposes. My mortgage holder, Green Tree LLC, is trying to take all or a porti...

    Neil’s Answer

    I've reviewed several of these contracts in the past year. The company that contacted you is administering a program to ensure that the national electrical grid is better maintained against blackouts like we had a few years ago. Normally, it is a good deal for the property owner and very little downside. However, I don't know why Green Tree thinks it has a claim to the money.
    The ITC contract, your mortgage and any correspondence from Green Tree need to be reviewed. They may be taking the position that you can't grant an easement without violating the terms of your mortgage "due on sale" clause that could trigger a foreclosure.

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  • My husbands mother passed about 4 years ago, the brother lived in her house. Now he passed, how do we sell her house?

    The house is in Taylor Michigan. There are 6 siblings left. They will split whatever money they get. How do we start process?

    Neil’s Answer

    I agree is is likely that both mother and son's estates may need to be probated in Wayne county to clear the title and sell the home. However, my first step would be to have a proper title search done. I have found in similar cases that the decedent had recorded a life estate deed or a quit claim creating a joint ownership. A little research may avoid a significant expense. And even if the title search does not reveal any surprises, you'll need the title work when you ultimately sell the property anyway.

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  • Do i need a lawyer

    i was given a 30 day notice to vacate the premises,due to the fact they felt i had sub-leased my unit, or had a 'border' in my unit. i ask for a court date, only to be informed that the date is the same date i am to be out. i want to know what ca...

    Neil’s Answer

    The Michigan Summary Proceedings Act requires the Landlord to take you to court to evict you. If you are on a month to month tenancy, he needs no reason to evict. He only has to provide a proper termination notice. However, if your lease is for a longer term, he will be required to prove that there is a material breach of the lease.

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  • Do i have the legal right?

    a female is living in my house who has no utilities in her name and intends to not pay her portion of the rent this month. I want to lock her out of the bathroom so that she can no longer take hour long showers or use the toilet, and I want to put...

    Neil’s Answer

    You may want to research the Michigan Lock Out Act. Arguably, she may be considered your tenant. Causing the place to be unlivable could possibly subject you to damages in court. The safest solution is to treat her as a tenant and commence eviction proceedings against her.

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  • What are the consequences of being evicted

    am i still responcible for rest of rent? what does this do to my credit?

    Neil’s Answer

    On a month to month tenancy, you are not liable for more than 30 days future rent; and none if you give proper notice and payment. On a long term lease you are liable for the balance of the lease unless you have a legal defense. Even so, the landlord must mitigate his losses by re-renting the apartment as soon as possible. He is only entitled to his actual lost rent.

    The credit agencies won't know about the eviction unless a judgment is entered they collect that information from the Court, or your if landlord is a subscriber to the service and he reports you.

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