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Adam James Devlin

Adam Devlin’s Answers

49 total


  • Can I let my daughter take over payments on a home we both currently live in?

    We moved into the house 4 years ago. She could not be on the mortgage due to her bad credit. I would like to sell the house but have a home equity loan for 4000 connected to it and cannot until that is paid. She wishes to stay in the home. Can I m...

    Adam’s Answer

    I advise you discuss this and your objectives with a real property attorney. What you are asking for may not be able to be accomplished in the manner you are hoping.

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  • Can our buyer legally place the same item in their catalogue as ours, with slight differences, when we have a copyright?

    We started our drop ship business in 2010 of a personalized china heart necklace, selling through Walter Drake (we had originally sold the same item 50 years ago thru Miles Kimball). We need this income to survive in our "retirement".

    Adam’s Answer

    If you have a copyright and they are selling the same product as you then I highly suggest you speak with a business attorney and soon. If they are violating your rights, you will be entitled to relief and damages but more information is needed to definitively state a violation has occurred.

    I would call a business attorney right now.

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  • Can my sister in law deliever my eviction notice to my tenant after I have failed to?

    I live 3 hours from the rented home. I tried to deliver it myself but was unable to because tenant was not there. Unfirtunatly I had to leave for work before I could deliver it successfully, so I asked my sister inlaw to. Did I make a mistake? Wil...

    Adam’s Answer

    So long as the proof of service is filled out by her that indicates who was served and when, you ought to be fine. Further, you can actually serve the Notice (Demand for Possession in your case) via US Mail; it does not have to be personally delivered unless you are looking to maintain that relationship with your tenant.

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  • If my name is on the house title but not the mortgage will i be partly responsible for that debt?

    Our home was recently refinanced. My name is off the mortgage at this time. Would the house and car with same issue be part of the assets split or because in his name only i am not entitled

    Adam’s Answer

    If your name is on the title, then you are entitled to some portion of the value of that property if it is sold and you have an ownership interest in that property (you are also responsible for taxes, levies, easements and any future encumbrances on the title). If you have been removed from the mortgage, you may not be personally liable for that debt should there be a foreclosure but most likely the debt is still attached to the property as collateral. Further, simply because your name is not on the mortgage does not mean you have been removed from personal liability if you signed a promissory note.

    Depending on what you are trying to accomplish, I would retain an attorney to ensure you are in the position with respect to both the property and the mortgage (as well as the car) that you are intending to be in.

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  • Can I still get my security deposit back if I was illegal my evicted.

    I payed my rent all up and my landlord still evicted us, because she sold the house. Am I still able to get my security deposit back

    Adam’s Answer

    Regardless of the reason you were evicted, the landlord is required to follow certain laws for the retention or return of the security deposit. Generally, you need to provide your forwarding address to the landlord and then they have a certain timeframe to return the deposit or face legal consequences.

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  • My subdivision hasn't had an HOA in its 10 years of existence. Now some new home owners are trying to force an HOA. Can we fight

    The same developer created one sub next to us and then developed our sub after. When the market crashed in 09, the developer wanted out. He tried to get us to form an HOA. We refused having only 10 homes. He added an amendment to the other sub to ...

    Adam’s Answer

    Whether you can fight and whether you will be successful are questions that require more information than what you can give on this forum. I highly suggest you contact a real property attorney and quickly so that you can attack the order of the Court. Depending on the nature of the state in your legal proceeding, your options may be limited and the clock is ticking if you have to appeal this decision.

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  • Seeking an attorney experienced in landlord tenant law as it is confused with probate

    I rented a house from a friend who is now dead. The house belonged to his mother who is and was dead. The home has never been through probate. His brother wants to sell the house.

    Adam’s Answer

    If you and the brother agree, you can use the same attorney to expedite the process. Depending on how the house is titled you may be able to skip some steps. Any competent real property attorney will be able to assist you and the brother in navigating the process.

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  • Can 5 kids share one bedroom in Oakland County michigan?

    My x is renting a 2 bedroom home with a married woman who has 2 children. My 3 boys are 16,14,12. Her kids boy and girl 5&7. My boys DO not want to spend the night there on every other weekend. They have for 10 years stayed at grandpas house with ...

    Adam’s Answer

    While family law is not my practice area, I believe you are required to have one separate bedroom for each child per the Best Interest of Child Standard. This, however, is not a matter for a real property attorney but a family law attorney.

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  • Buy mom's house; I am married.

    How can I purchase my mom's house (she only has a home equity loan that is about 1/3 or less of the home value) and include her balance of one credit card? I would like to purchase so I can make sure she has less burden and that when she passes, t...

    Adam’s Answer

    While I am not sure what you mean by lessening her burden, if you are looking to ease the transition of ownership upon her passing while still letting her live there in the meantime then I would recommend a ladybird deed. It sounds like you have some complicated hopes for what you are trying to accomplish. I would recommend you contact an attorney to plan the best course of action.

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  • Should I disclose a previously expunged case?

    I had a previous misdemenor case that was expunged. I'm now in nursing school and read that I still have to disclose this info. It happened in Texas and was of the sexual nature. Should I disclose or since it was expunged should I keep it to myself?

    Adam’s Answer

    This may be a question you want to ask in the Texas portion of Avvo as they will have better knowledge of the extent of protection the setting aside of the conviction conveys. My assumption is you do not have to disclose this.

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