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Gregory L. Ulrich

Gregory Ulrich’s Answers

22 total

  • What should i do?

    I have recently purchased a car there was a bill of sale signed for 700 and a written contract for 1500, i have paid the 700 and the title was signed over to me, they are saying i still over $800, do i really have to owe that beings i have the bi...

    Gregory’s Answer

    Beyond the other comments...be certain the paperwork (receipt) is not an attempt to avoid sales tax. The Full purchase price determines the sales tax due, and you do not want to be involved in an attempt to not pay the proper tax..

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  • Might lose the house I am trying to buy because my condo will not close plus appraisals inspections etc. Any responsibility?

    Selling condo have buyer, purchase agreement, supporting appraisal, in underwriting found based on condo questionnaire completed by management company the complex is considered unwarrantable. My buyer went to the credit union, they provide loans f...

    Gregory’s Answer

    Whether because of too many investor owned units, or too many rental units overall, the issue is that your Buyer has limited financing available...perhaps only a second home or cottage loan or an investor loan may be available at a higher interest rate. The acceptable percentage for non-owner occupied units can differ with different lenders. Mortgage insurance is already a problem as your facts stated. The percentage of units owned by any one owner is another limitation. Is there another issue of too many foreclosures, or financial problems with the association.

    If there was a real estate broker involved, were you advised of any financing limitations?

    The Purchase Agreement needs to be reviewed; but if it has typical provisions, the Buyer may have specified a conventional mortgage as financing.

    Please contact a Michigan real estate lawyer. If you wish, the State Bar of Michigan Lawyer referral number is: 800-968-0738

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  • Can you file the cert of service on the same original copy of form mc 03?

    Instructions for Mich. form mc 03 say first copy goes to court, then 4th copy goes to court after service . Can you just sign the cert of service on the first copy to the court if you have mailed to the plaintiff?

    Gregory’s Answer

    "After you serve the answer on the plaintiff, complete the certificate of service on the bottom of the
    remaining two copies of the form. File one copy with the court. You can do this either in person or by first class mail. Keep the remaining copy of the answer form for yourself." ...this is the direction for using the form.

    Because these preprinted forms have been in use for decades, court clerks tend to look at the distribution noted on the bottom, and expect to see the "court copy" of the proof of service that is filed, rather than another one of the captioned pages, but you could file the first copy (Original) if you already served the Answer. Just be certain the court notes it as an Answer and Proof of Service (POS) in the Register of Actions. The only reason the proof of service Certificate is on the first page is that these are pre-printed 4-part forms. You can also use photocopied forms, but at least a proper Proof of Service needs to be filed.

    A separate Proof of Service could be used, but this is not something to over-analyze.

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  • What does an "Eagle/Advantage" policy "without standard exceptions" mean in real estate sales? "Standard survey exceptions?"

    My purchase agreement requires a policy "without standard exceptions" such as an "Eagle/Advantage" policy, marked up to the date of closing. There was a caveat that policy of insurance would be issued with "standard survey exceptions" if a surve...

    Gregory’s Answer

    There is a simple factual issue: Who was to order a survey? ...the Real Estate Broker, the Salesperson , yourself, a transaction coordinator, etc?

    "Form" purchase agreements from brokers all vary; yet most say that if the survey isn't ordered, the title policy will be issued with standard exceptions from coverage. If a mortgage (lenders) policy was issued, a mortgage survey is usually performed.

    Some coverages are not available unless a separate review is done, such as liens and taxes.

    A title commitment should have been provided to you before closing. Was it?

    There is a different premium based on coverages and waiver of exceptions.

    A checklist is sometimes used by real estate agents and/or title closing departments to verify what needs to be done. Was that among the papers you received? Check with the title company.

    Contact a real estate lawyer.

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  • Should I name my business after my artist name or give my business it's own name?

    I'm a independent music artist/producer, and I'm having a hard time choosing to name my music business after my artist name (i.e. ArtistName Music, LLC) and using (record label, music publishing, and etc.) imprints to extend my services to others ...

    Gregory’s Answer

    Three factors to consider: (1) Marketing advantage of the "Artist" name versus another "business" name, including whether it is available as a Domain name....that is a current important consideration. (2) Whether the use of the Artist name would be too limiting for extension into other lines of business, even those that might be unrelated. (3) Whether a type of separation of identity is helpful, in the event of liability issues, negative PR, or litigation, or to seek financing.

    Any other lines of business can be set up as different business entities, and have different names, assumed names, or use the umbrella business entity.

    Trademarks may also be another means of differentiating a business.

    Tax issues need to be examined as the business(es) grow.

    Best attorney is one who has intellectual property, business, e-commerce, or entertainment law experience. Global expansion of entertainment businesses can require additional multi-national help.

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  • Will this woman have dower rights? or can we tell her to blow off???

    My three sisters, one brother, and I are joint tenants with rights of survivorship of our mothers home. She passed away 4 years ago and we rented the home out to pay for the upkeep and expenses. My brother recently divorced and decided to move int...

    Gregory’s Answer

    In consulting with an attorney in Michigan, it may be that you discover that the "soon to be bride" will not have a dower interest in Michigan. The Michigan Land Title Standards are applicable (see Standard 4.4 dower – joint tenancy), which describes the situation that bars Dower when property is held jointly by married men and then sold...other scenarios also arise where a subsequent marriage does not create a dower interest.

    A practical problem today is the willingness of a title company to insure title when selling, without requiring a sign off by the wife. Title companies exercise discretion in their underwriting requirements.

    The family tension the girlfriend may be creating is another matter that is not a pure legal problem.

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  • My lanolrd keeps putting off fixing out basement that floods and backs up sewage it's been 2 weeks can we break the lease?

    We signed a lease/option to buy and paid him $2600 with thinking the money went toward buying the house then he says we have to rent first for 12 months and if he decides we can buy so we're renting for $650 month and the 3rd day we see the baseme...

    Gregory’s Answer

    If this is only a Lease at this stage, and the Option to Buy (with the Seller Disclosure requirements, etc. ) was voided. it appears you are only in a landlord/tenant situation. However, a Move-in checklist should have been done, and there are remedies for health hazards that can be discussed with an attorney.

    The changing terms of the option, and the lease repair requirements need to be reviewed with an attorney. If this is a professional/ investor there may real estate broker licensing law requirements that may apply, too.

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  • I served the buyer of a land contract with forfeiture papers on 8/04/15. What is my next step?

    The buyer is over 4 months in arrears in payments.

    Gregory’s Answer

    See the Michigan Supreme Court site for forms: http://courts.mi.gov

    Two choices to seek recovery are available in Michigan:

    Forfeiture of a Land Contract, in the District Court, where you take the property back without accelerating the debt, OR,
    Foreclosure, in the Circuit Court, where you seek the balance of the Land Contract debt. :

    If the contract did not specify a time to cure the default, a Forfeiture can be filed 15 days after the Notice of Forfeiture.

    There is no standard language for Michigan Land Contracts, so reading the particular default provisions is necessary, preferably with a Michigan attorney advising and representing you. Some Land Contracts allow more time than the statutory 15 days for curing a default by the Buyer. Commercial land contracts may have provisions that deal with taxes and insurance that need to be considered in establishing an amount to cure the default.

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  • I sold my house for a cash offer. on the day of the closing the real estate agent was trying to find any reason to delay closing

    I sold my house for a cash offer. on the day of the closing the real estate agent was trying to find any reason to delay closing until he stated that i am not making things easy and his buyer has been trying to withdraw from the deal several times...

    Gregory’s Answer

    Another option that may or may not help is the file a complaint with:

    Michigan Department of Licensing and Regulatory Affairs
    CSCL/Enforcement Division
    P O Box 30018
    Lansing MI 48909

    see their website at:http://www.michigan.gov/lara/0,4601,7-154-72600_72977-359180--,00.html

    They do not intervene...only look at broker misconduct.

    More facts and a look at documents would be helpful to any attorney you consult.

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  • Am I suppose to check the box with MCL554.134(1)or(3) on a NOTICE TO QUIT?

    My tenant's lease expired September 1, 2013. She is on a month to month and I want to remodel to sell. I don't know what that mcl554 means or how to phrase why I want her out.

    Gregory’s Answer

    The Notice to Quit form has directions....a 30 day notice is needed. See the Michigan Supreme Court website for more guidance.
    If the tenant does not move...an attorney might be needed.

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