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Everything posted by adjusterjack

  1. Here's how it works: YOU...GOT...THE...NOTICE of the lawsuit. Period. That's what service is designed to do. No matter how messed up it is, YOU...GOT...IT. That's all the court needs to know. If you appear in court, it means you accepted it, as is, and there's nothing to say about it. If you want to blow it off and not respond and not attend, there will be a default judgment against you. Then you can file to set aside the judgment and claim improper service. Which is not true because YOU...GOT...IT and your motion will fail. Now that we have that out of the way, let's talk about defense. Assuming you want to stay, it occurs to me that you are correct in that the owner has no standing to evict you because you rented from the tenant who, as far as you are concerned, had "apparent authority" to rent to you. Google "apparent authority."
  2. Did they own a home? Check property ownership records in that county. If they owned it jointly with right of survivorship then she got it at the moment of his death so it's not part of his probate estate. That's easy to find out and generally the largest part of one's estate. If that's the case, then there may be little or nothing to make it worth while spending money on a probate attorney. Wouldn't hurt to seek a free consultation. If you don't want to hire your own attorney, nothing wrong with calling up the one who sent you the letter and saying "What's in it for us?"
  3. I responded facetiously because you didn't mention your state, nor any details. Things can be read different ways by different people and the best way to get helpful comments is to provide details about what is happening to you and where it's happening. I can only guess that you are referring to MCR 6.500 Motion for Post Conviction Relief: https://michigancriminaldefenseattorneys.org/motion-relief-from-judgment-michigan/ I haven't found anything online that provides a time table. I suppose it depends on the court's backlog and whether everything was filed properly. I don't think any Michigan criminal attorneys participate here. Based on the following checklist I'm guessing that it's not something that happens quickly: https://mjieducation.mi.gov/documents/criminal-qrms/325-mrj-checklist Your attorney might have a better idea of how long it takes.
  4. Figuring an hour each, comes to about 271 days.
  5. Big mistake: https://www.youtube.com/watch?v=8GjCJ6Xqjg0 https://www.youtube.com/watch?v=-FENubmZGj8
  6. You could be, under a variety of circumstances. Just saying you aren't doesn't necessarily make it so. You could be liable if your negligence cause injury or death or you could be liable if your defective product causes injury or death.
  7. Try these sources: https://duckduckgo.com/?q=new+york+plead+guilty+what+rights+waived&t=ffab&ia=web
  8. Then, unfortunately, you bend over and take it. Stop doing what they tell you to stop doing. Find another way to conduct your business in and out of the property. The reality is that you don't have any money to defend yourself nor do you have any money to litigate against others that you say are also using the easement for business. Reality is a harsh mistress. In law, people with no money are often at the mercy of those who have lots of it. You can't even afford to run a bluff by demanding he produce the easement document, though you are welcome to try. Or scour the county records to see if you can come up with it. I'm not saying I agree with him. I wouldn't say one way or the other without reading the easement document. But if you get served a summons and complaint seeking injunctive relief, you're going to lose if you don't have an attorney. This guy is sharp and will run rings around you in a courtroom.
  9. Your Board President is an idiot. Once the quitclaim deed is properly executed and recorded IT IS the "title" and he IS an owner. Once you record it you can get certified copies of the deed. You don't want to part with the original. I suggest you have a lawyer create the quitclaim deed for you to make sure it's right.
  10. The decree refers to and describes the legal description of the easement but does not address the use of the easement. The section you referred to is as follows when quoted fully: “Plaintiffs and Defendants , their grantees, licenses, invitees, heirs, executers, administrators and assigns shall jointly have the right to use and enjoy said right of way easement forty (40) feet in width pursuant to their accrued and vested rights prior to the institution of this action, it being the intention of the parties that their stipulation to the entry of a Decree quieting title to said easement shall not enlarge or limit the vested rights of the parties prior to the institution of this action.” It says "use and enjoy" but doesn't say how, only that the decree "shall not enlarge or limit the vested rights...prior to the institution of this action." So, my question is, what were the vested rights of the parties prior to the institution of this action? In other words, where is the original recorded easement document and what does it say? You're going to have to answer that question before you go any further. How people have been using the easement in the past, regardless of how much or how little, is not as important as what the easement document says. If the original easement says "ingress and egress" without modification then anybody who says boo to business use can be ignored. But if it expressly (or even impliedly) limits "ingress and egress" to residential purposes or non-commercial purposes then any owner can seek an injunction against any other owner to prevent business or commercial use.
  11. Good. Walk away. Give each of your roommates and the landlord a written letter (no text, no email) that you are cancelling your contract due to your allergy to dogs. Then stop talking. They will threaten and cajole but Arizona law requires aggrieved parties to mitigate their damages. See ARS 33-1305A: https://law.justia.com/codes/arizona/2018/title-33/section-33-1305/ It's part of the Residential Landlord Tenant Statute. It means that it's up to them to find a replacement for you and they have 3 1/2 months to do it. Advice for the future: Avoid roommate arrangements like the plague. You're already seeing what a nightmare they can turn out to be. Rudyard Kipling wrote: "He travels the fastest who travels alone."
  12. I had the advantage of reading her other thread where she said Arizona.
  13. What's happening to you that gives rise to the question? Are you the document preparer or the immigrant?
  14. Yes, Arizona just passed a hands free law but is only giving out warnings for the next year or so, so people can get used to the idea. Keep your registration and insurance card in your wallet with your driver license and you'll never have that problem again. You can call the court and ask the clerk. But if you have to go to court, make sure you go.
  15. What does affiliated mean? Not the meaning of the word, but the relationship between the apartments and the school. Would there be any detriment to you by the school if you just walked away from the apartment deal? Are you financially capable of living on your own, in your own small apartment, like a studio or efficiency?
  16. I postulated a reason earlier. If everything was owned jointly, which is likely the case, then everything went to her. You don't have to believe her. You can open probate under intestacy. That might or might not force out the will. You could only probate assets that were owned as your Dad's sole and separate property. Have you looked up the real estate ownership yet?
  17. I'm surprised you lost, given the information in your earlier thread: https://boards.answers.findlaw.com/topic/242678-commercial-lease-constructive-eviction/?tab=comments#comment-623128 Did the judge provide a reason for his decision? Not what you think you heard in court. What did he write in the case notes? You can get them at the courthouse.
  18. Leilani, you also ignored the question about your state, which could make a difference in any potential consequences depending on decisions you might make. In addition to questions that others have asked (that need answering) did you hand over any money when you signed the lease.
  19. That was a link to CA Code of Civil Procedure 116.220 which says, in part: There is nothing expressly prohibiting punitive damages so if the OP were to ask for $1000 compensatory plus $4000 punitive for a total of $5000 what's to stop a judge from awarding it? After all, small claims is somewhat informal. Is there some appellate decision somewhere that addresses that?
  20. That's ridiculous. All you need is a couple of hundred (if that much) for filing and process service fees. You've already met the 90 residency requirement. You can get all the forms and instructions you need from the MO Judicial Branch website. Note the Litigant Awareness Program that you have to complete in order to represent yourself: https://www.selfrepresent.mo.gov/page.jsp?id=5240 Can you? Beats me. You can ask the court to award you something but getting your husband to actually pay you anything is anybody's guess. Can't read anybody's minds at the school. Yes, call the school and let them know they won't be getting title to the vehicle. Whether you sit and watch is up to you. Seems like that's what you've been doing for the last 8 months. If you don't file for divorce and get it moving, that's all you'll be doing.
  21. Get yourself an attorney. Neither your realtor or the buyer's realtor nor any of the inspectors or contractors are going to take responsibility for any of this unless you put their feet to the fire. Get a contractor to write you an estimate to repair all the damage. My guess for the drywall repair, taping, texturing, and paint it's going to eat up that $5000 real fast.
  22. No need to post the actual plat. I'm mostly guessing. Let's call the red bordered area the Tract. At some point after 1896 the owner of that tract sold all or part of it. You'll have to go back to that first deed and study the legal description. From there you'll have to go forward and study subsequent deeds to see the legal descriptions of any smaller parcels that were sold off. A surveyor will have to determine the location of the proper survey marker as the starting point. They are often located in the center of an intersection (as you can see in the plat I posted - the arrows in the four corners point to them). A surveyor can measure from those markers and determine the position of the property lines based on the legal description of each successive deed. I imagine any errors can be picked up that way. Since a mortgage company or bank isn't likely to lend to a buyer as long as the property line is in question, I doubt if a reverse mortgage company would do it either.
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