Blog

What do you do if your home gets foreclosed on? There are options for you! We are here to help you understand the laws around reclaiming your home through the right of redemption.  As a lawyer specializing in real estate law, Attisha Law understands the complexities and challenges that homeowners may face, particularly when it comes to issues such as foreclosure and property redemption. In the state of Michigan, homeowners have a legal right known as the Right of Redemption, which can provide a lifeline in times of financial distress. In this blog post, we'll explore what Michigan's Right of Redemption entails and offer guidance on how homeowners can navigate this process effectively. Understanding Michigan's Right of Redemption The Right of Redemption is a legal provision that allows homeowners facing foreclosure to reclaim their property even after it has been sold at a foreclosure sale. In Michigan, homeowners typically have a statutory redemption period during which they can exercise this right. The length of the redemption period can vary depending on the type of foreclosure and other factors, but it is generally six months for properties foreclosed through the non-judicial foreclosure process. Key Considerations for Homeowners Know Your Rights: It's essential for homeowners facing foreclosure to understand their rights under Michigan law, including the Right of Redemption. Being informed about your legal options can help you make informed decisions and take appropriate action to protect your interests. Act Promptly: Time is of the essence when it comes to exercising your Right of Redemption. It's crucial to act promptly and proactively to initiate the redemption process before the statutory deadline expires. Failure to do so could result in the loss of your right to reclaim your property. Seek Legal Guidance: Navigating the Right of Redemption process can be complex, and it's often beneficial to seek guidance from a knowledgeable real estate attorney. An experienced attorney can provide invaluable advice and representation, helping you understand your rights, assess your options, and navigate the legal requirements involved in redeeming your property. Assess Your Financial Situation: Before pursuing redemption, it's essential to assess your financial situation realistically. Consider factors such as your ability to pay off the redemption amount, the current market value of the property, and your long-term financial prospects. This evaluation can help you determine whether redemption is a viable option for you. Communicate with Lenders: Open communication with your lender or mortgage servicer is critical throughout the redemption process. Keep them informed of your intentions to redeem the property and work with them to explore potential solutions or repayment arrangements. Michigan's Right of Redemption can offer homeowners a valuable opportunity to reclaim their property and avoid the devastating consequences of foreclosure. By understanding the redemption process, seeking legal guidance, and taking proactive steps to protect their rights, homeowners can increase their chances of successfully redeeming their property and securing a brighter financial future.

As the dawn painted the sky, Mark found himself facing a dilemma he had hoped to avoid. Standing in the hallway of his rental property, he held a piece of paper in his hand – an eviction notice addressed to one of his tenants, Sarah. Mark's relationship with Sarah had started out promisingly enough. She seemed like a responsible tenant, always paying her rent on time and taking care of the property. But as the months passed, cracks began to appear in their arrangement. Missed payments became more frequent, complaints from neighbors piled up, and it became clear that Sarah was struggling to keep up with her obligations. With a heavy heart, Mark had no choice but to initiate eviction proceedings. He had tried to work with Sarah, offering extensions and payment plans, but it was clear that the situation had reached a breaking point. As he affixed the notice to Sarah's door, he couldn't help but feel a sense of disappointment and frustration. As Mark navigated the intricacies of the eviction process, he found himself delving deeper into the realm of landlord-tenant eviction laws.  In Michigan, as in many states, there are specific regulations governing the eviction process, designed to protect the rights of both landlords and tenants. Armed with this knowledge, Mark felt better equipped to navigate the eviction process with integrity and fairness. While the situation was undoubtedly challenging, he was determined to uphold his responsibilities as a landlord while respecting the rights of his tenants. Landlords and tenants have laws and regulations that they both must follow in order to have a successful leasing term. Unfortunately, sometimes these agreements do not always work out. We are here to explain the steps of the eviction process in Michigan for landlords. The first step leading to the eviction process is when a tenant breaks a term of the lease. The most common is a missed payment. When this occurs, the landlord is required to write a “notice to quit” to the tenant, providing them with one week to pay the amount they owe. If the tenant does not comply, the eviction process can continue. If the violation is not a nonpayment, the landlord must give the tenant 30 days to comply. The next step is the filing procedures. First, the landlord files a complaint with the district court in the area of the property. This complaint must be very specific outlining the reasons for the eviction. Then, a summons is given to the tenant, which tells them about the legal proceedings regarding them. These both must be done in accordance with the state of Michigan law. Then, the tenant has a certain amount of time, explained in the summons, to respond. If they fail to respond, the court can side with the landlord. In court, assuming the tenant does not agree with the reason for eviction, there will be a hearing with both parties stating their cases. Then, if the court decides in favor of eviction, the tenant will have a specific amount of time to leave the property. If they do not, the landlord can ask the court for a “writ of restitution.” This means law enforcement can remove the tenant. In the case that there is an eviction process regarding you as a landlord, it is important to follow the laws in Michigan to ensure the proceedings are handled properly to avoid an error that would result in the tenant being able to sue. Be sure to contact an experienced attorney with Michigan real estate laws to protect yourself.

Facing criminal charges is like being caught in a sudden and violent storm, with no shelter in sight. One moment, life may seem routine and predictable, and the next, everything changes in an instant. The weight of uncertainty hangs heavy in the air, suffocating hope and clouding judgment. With determination and resolve, those facing criminal charges can take solace in the knowledge that they are not alone. With the right support and legal representation, they can weather the storm and emerge on the other side, stronger, wiser, and ready to reclaim their lives. Here are the key steps to take when facing criminal charges in Michigan: 1. Seek Legal Representation One of the most important steps you can take when facing criminal charges is to seek legal representation from an experienced criminal defense attorney. Your attorney will serve as your advocate, providing valuable guidance, support, and representation throughout the legal process. They will work tirelessly to protect your rights and achieve the best possible outcome for your case. 2. Exercise Your Right to Remain Silent Remember that you have the right to remain silent and avoid self-incrimination. Refrain from discussing the details of your case with law enforcement or anyone else until you have consulted with your attorney. Anything you say can be used against you in court, so it's best to exercise caution and speak with your attorney before making any statements. 3. Gather Evidence and Documentation Take stock of any evidence, documentation, or witnesses that may support your defense. Your attorney can help you assess the strength of your case and identify any potential weaknesses or vulnerabilities. Be sure to provide your attorney with all relevant information so they can build a robust defense on your behalf. 4. Stay Informed Stay informed about the charges against you, the legal process, and your rights as a defendant. Ask questions, seek clarification, and educate yourself about the steps involved in your case. Your attorney will be your guide throughout the process, but it's essential to stay informed and engaged in your defense. 5. Follow Legal Advice Trust the expertise and guidance of your attorney. Follow their advice and instructions diligently, and maintain open communication throughout the duration of your case. Your attorney will have your best interests at heart and will work tirelessly to protect your rights and achieve a favorable outcome for your case. 6. Prepare for Court Proceedings Prepare yourself mentally and emotionally for court proceedings, including hearings, arraignments, and potentially a trial. Your attorney will help you understand what to expect and how to navigate each step of the process. Stay focused and composed, and trust in the legal process to work in your favor. 7. Explore Options for Resolution Work with your attorney to explore potential options for resolving your case, such as plea negotiations, diversion programs, or alternative sentencing options. Your attorney will advocate for your interests and help you make informed decisions about the best course of action for your case. Facing criminal charges can be a daunting and overwhelming experience, but with the right support and legal representation, you can navigate the process with confidence and clarity.

It was supposed to be a night of celebration, but it quickly turned into a nightmare as John made the regrettable decision to drive home. The flashing lights in his rearview mirror shattered any sense of security he had left. Handcuffed and ashamed, John faced the sobering reality of receiving DUI charges. In an instant, his life changed forever. Receiving DUI charges was a wake-up call for John – a sobering reminder of the consequences of his actions. Yet, it also served as a catalyst for positive change, prompting him to confront his mistakes, take responsibility, and strive to become a better version of himself. Through accountability, education, and a commitment to change, John embarked on a journey of redemption and personal growth. Specializing in criminal defense, Attisha Law understands the gravity of facing DUI charges in Michigan. A DUI arrest can have far-reaching consequences, impacting various aspects of your life and potentially leading to severe penalties. We aim to provide valuable insights into navigating DUI charges in Michigan, empowering individuals to understand their rights, options, and legal obligations in such circumstances. Understanding DUI Laws in Michigan In Michigan, DUI laws, also referred to as Operating While Intoxicated (OWI) laws, prohibit individuals from operating a motor vehicle while under the influence of alcohol or drugs. The legal limit for blood alcohol concentration (BAC) in Michigan is 0.08% for individuals aged 21 and over, and 0.02% for individuals under 21. Potential Consequences of DUI Charges Being convicted of DUI in Michigan can result in a range of penalties, including fines, license suspension or revocation, mandatory alcohol or drug treatment programs, community service, probation, and even jail time. Additionally, a DUI conviction can have long-term ramifications, affecting employment opportunities, professional licenses, auto insurance rates, and personal reputation. Here are the consequences and penalties for drinking and driving: First Offense - up to 93 days in jail, fines ranging from $100 to $500, 360 hours community service, vehicle immobilization at the court's discretion, possible ignition interlock device during probation. Second Offense -Jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), possible ignition interlock device during probation, mandatory vehicle immobilization. Third Offense - A third OWI offense becomes a felony. There is an absolute minimum period of 30 days in jail. Possible jail time is 1 to 5 years in prison or 30 days with probation. There will also be a fine of $500 to $5,000, 60 to 180 days community service, driver's license revocation, possible vehicle forfeiture or immobilization for 1 to 3 years, vehicle registration denial and 6 points on driver's license. Legal Defenses for DUI Charges When facing DUI charges, it's essential to explore all available legal defenses to challenge the prosecution's case. Common defense strategies may include challenging the legality of the traffic stop, disputing the accuracy of field sobriety tests or breathalyzer results, questioning the validity of chemical test procedures, or asserting violations of constitutional rights during the arrest process. Seeking Legal Representation If you're facing DUI charges in Michigan, seek legal representation as soon as possible. An experienced DUI defense attorney can assess the details of your case, explore potential defenses, negotiate with prosecutors on your behalf, and represent you in court if necessary. With skilled legal representation, you can increase your chances of achieving a favorable outcome and mitigating the consequences of DUI charges. Facing DUI charges in Michigan is a serious matter that requires prompt and proactive action. By understanding DUI laws, potential consequences, available defenses, and the importance of seeking legal representation, individuals can navigate the legal process with confidence and work toward achieving the best possible outcome for their case.

Have you completed your sentence and fulfilled your legal obligations? Despite having served your time, do lingering criminal convictions continue to cast a shadow over your life, hindering your efforts to move forward? Are you facing challenges in securing employment due to the presence of past convictions on your record? These are common concerns faced by individuals who have been involved with the criminal justice system. Even after serving their sentences and striving to turn their lives around, many individuals find themselves grappling with the lasting consequences of past convictions. The presence of criminal records can present formidable barriers to employment opportunities, housing options, educational pursuits, and more, perpetuating cycles of adversity and hindering efforts at rehabilitation and reintegration into society.  If you find yourself in this situation, know that you are not alone, and there are avenues available to help you navigate these challenges. Expungement, or the legal process of sealing or erasing past convictions from your criminal record, offers a potential path toward a fresh start and a brighter future. Step 1: Determine Eligibility Before initiating the expungement process, you must ascertain eligibility under Michigan law. Generally, individuals may qualify for expungement if they meet certain criteria, including: Having no more than one felony conviction on their record (excluding certain traffic offenses) Having no more than two misdemeanor convictions (excluding certain traffic offenses) Meeting waiting period requirements following the completion of their sentence Additionally, certain offenses, such as those involving violent crimes or sexual offenses, are ineligible for expungement. Step 2: Obtain Criminal Record Next, applicants must obtain a copy of their criminal record from the Michigan State Police or the county clerk's office. This record will provide crucial information regarding past convictions, which is necessary for the expungement petition. Step 3: Complete Expungement Application With the criminal record in hand, applicants must complete the expungement application form provided by the Michigan State Police or the Michigan Legal Help website. The application requires detailed information about the individual's criminal history, including specific convictions to be expunged. Step 4: File Expungement Petition Once the application is completed, it must be filed with the appropriate court in the county where the conviction occurred. Along with the application, applicants must submit supporting documentation, including proof of completion of their sentence and any required waiting periods. Step 5: Attend Expungement Hearing After filing the expungement petition, applicants may be required to attend a hearing before a judge. During the hearing, the judge will review the petition, consider any objections from the prosecutor or other interested parties, and make a determination regarding the expungement request. Step 6: Await Judge's Decision Following the expungement hearing, applicants must await the judge's decision regarding their petition. If the petition is granted, the judge will issue an order expunging the eligible convictions from the individual's criminal record. Step 7: Update Criminal Record Upon receiving the expungement order, applicants should ensure that their criminal record is updated accordingly. This may involve notifying relevant agencies and organizations of the expungement to ensure the removal of the expunged convictions from background checks. Conclusion: A New Beginning The expungement process in Michigan offers individuals a chance to move forward with their lives free from the stigma of past convictions. By following this step-by-step guide and seeking guidance from experienced legal professionals, applicants can navigate the expungement process with confidence and pursue a brighter future. If you or someone you know is considering expungement in Michigan, don't hesitate to reach out to Attisha Law for personalized guidance and support. Together, we can help you take the necessary steps toward a fresh start.

You have been searching for an apartment for weeks, finally, you find one that is perfect for your family. You call the Landlord to express your interest in renting. Upon hearing the accent in your voice, the Landlord quickly tells you “Sorry, we just rented the last apartment.” You sign, your heart sinks into your stomach and you feel frustrated having to continue to search for apartments. One week later, the same apartment is still advertised as available. Were you discriminated against? There are laws in place for buyers and sellers in Michigan to prevent discrimination. It is important to keep up to date on these regulations to ensure you are being treated fairly in the process of buying or renting a property. It is crucial to underscore the comprehensive scope of Fair Housing Laws in Michigan, which extend to various facets of property transactions including buying, selling, insuring, contracting, and prohibition of harassment. Individuals subjected to discriminatory treatment have recourse to file civil rights complaints against offenders, with legal protections in place to prevent retaliation. The Michigan Department of Civil Rights (MDCR) serves as the primary enforcer of these anti-discrimination statutes, although it's prudent to acknowledge that local ordinances may impose additional regulatory requirements beyond MDCR jurisdiction. Hence, seeking guidance from a knowledgeable attorney adept in these laws is imperative to ensure comprehensive protection and fair treatment. In the context of property sales, sellers bear a responsibility to adhere rigorously to the mandates of the Fair Housing Act and any pertinent local laws imposing more stringent restrictions. Additionally, sellers must diligently compile all requisite documentation essential for closing property transactions, underscoring the necessity of legal counsel to oversee compliance and facilitate seamless ownership transfer. Similarly, prospective buyers are bound by obligations under the Fair Housing Act, mandated to refrain from discriminatory practices or decisions rooted in personal biases or prejudices. Violations of these legal mandates carry significant legal ramifications, emphasizing the importance of equitable and lawful conduct throughout the property acquisition process. Ultimately, Fair Housing Laws serve as a safeguard, ensuring equitable treatment and protecting the rights of both buyers and sellers in Michigan's real estate landscape. Each party involved in property transactions must adhere to their respective set of responsibilities, fostering a climate of integrity, fairness, and legal compliance in the realm of real estate dealings. These responsibilities and laws keep everyone safe and protected. For more examples, please visit: https://www.hud.gov/program_offices/fair_housing_equal_opp/examples_housing_discrimination

In Michigan, landlords and tenants are bound by distinct rights and responsibilities. It is essential to look at each set individually before exploring how they intersect.

What are property taxes? Property taxes are forms of revenue that the government collects based on the value of a piece of a property. Property taxes vary from state to state. Here is an overview of how they work in Michigan.

It can seem complicated and overwhelming when trying to navigate the process of buying a home in Michigan. We are here to help break it down into simple terms to make the process less stressful!