42nd District Court Division ll New-Baltimore
Cash for Keys- An Alternative to Foreclosure Evictions
What is the “Cash for Keys” Program?
“Cash for Keys” is an opportunity offered by many mortgage foreclosure companies for the homeowners who are being evicted. The program can sometimes be known as “Cash for Redemption” as well. It involves mortgage companies giving money to the homeowner in return for the keys and the home turned over in good condition. This program is a win-win for both the lenders and the borrowers. This program helps the homeowner by giving them a little extra cash to move and the mortgage company by receiving the home in better condition.
Generally, the amount a mortgage company offers is a set amount that is higher if the homeowner moves quickly and is reduced if the move takes longer. In Michigan, a homeowner has a six month right of statutory redemption to redeem their home once it has been foreclosed on. Regardless, the homeowner will be required to be out of the home by a certain date when utilizing the Cash for Keys as an alternative to eviction. To get Cash for Keys from a mortgage foreclosure company the homeowner must abide by certain terms. Any personal belongings must be removed from property before the lender will tender a check to the homeowner. In addition, the lender will typically send out a real estate agent or broker to examine the property before the deal can be finalized.
Some of the major foreclosure law firms in the metropolitan Detroit, Michigan area that we have negotiated with include Trott & Trott, Schneiderman & Sherman, Orlans & Associates, and Potestivo & Associates.
Can the Mortgage Company Still Sue Me for the Deficiency?
Yes, a mortgage company could still sue you for a deficiency in spite of a Cash for Redemption agreement. However, we have been successful in negotiating with lenders to waive any deficiency against our clients. This is the key to negotiating a Cash for Keys agreement. Without such language in the agreement, you may find yourself eventually getting sued and having to file for bankruptcy protection if you cannot pay the deficiency.
Has your home been foreclosed on? Is the mortgage company now evicting you? Or is the mortgage company now suing you for a money judgment after a short sale? We know the law and have helped homeowners in Oakland, Macomb, and Wayne Counties fight back against the mortgage companies. To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
Can I join the Military with a Criminal Record or active Personal Protection Order (PPO)?
Can I Join the Military / Army / Navy / Air Force / Marines / National Guard / Coast Guard with a Criminal Record, current/pending Criminal charges or an active Personal Protection Order (PPO)?
Unfortunately, having a criminal record, pending criminal charges or an active PPO could disqualify you from military service. Each branch requires applicants to meet rigorous moral character standards. At some point in the process of joining any one of the branches of the U.S. Armed Forces, you will be interviewed and required to write down any arrests, charges, juvenile court adjudications, traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have been expunged or sealed.
Our attorneys have helped numerous clients facilitate their transition into the armed forces despite initial hold ups because of a criminal record, pending criminal charges or an active PPO. So should an expungment be necessary (for more information, click here), should a PPO need to be removed (for more information), or should you need legal counsel to deal with pending criminal charges call Garmo & Kiste, PLC at (248) 398-7100 or contact us with a private message.
Offenses/Moral Behavior Which Could Be Waived:
Minor Traffic Offenses. A civil court conviction or other adverse dispositions for six or more minor traffic offenses where the fine was $250 or more per offense.
Minor Non-Traffic Offenses. Received four or more civil convictions or other adverse dispositions for minor non-traffic offenses.
Misdemeanor Offenses. Those with two, three, or four, civil convictions or other adverse dispositions for what the Army considers to be a misdemeanor offense require a waiver. Waivers are not authorized for individuals with more than four civil convictions or other adverse dispositions for misdemeanor offenses.
Combinations. Received a total of four civil convictions or other adverse dispositions for a combination of minor non-traffic and misdemeanor (for example, 1 misdemeanor and 3 minor non-traffic).
Serious Offense. Any conviction or adverse disposition for what the Army considers a felony, requires a waiver.
Are you dealing with pending criminal charges? Don’t hesitate to call one of Garmo & Kiste, PLC’s attorneys at (248) 398-7100 or contact us with a private message. Your future and career could depend on it.
Michigan Consequences for Canadian Citizens Charged or Convicted of Drunk Driving / DUI / OWI
Are you a Canadian Citizen or Resident Charged with a Drunk Driving / DUI / OWI or other alcohol related driving offense here in Michigan?
Canadian citizens and nationals living in the province of Ontario beware that if you are convicted of Drunk Driving / OWI / OWVI here in Michigan, will be punished twice if the right steps are not taken. Michigan and Ontario maintain a treaty that requires sharing driver’s license information even though Treaties by a state and a foreign nation are prohibited by the U.S. Constitution; the treaty utilizes a little known exception to the U.S. Constitution concerning Drunk Driving / OWI / OWVI. Section 42.1 of Ontario’s Highway traffic act maintains certain New York and Michigan convictions carrying mandatory suspension of your Canadian license where the conviction itself would not cause an American in the same circumstances to lose his or her license. The ramification of a conviction for a Canadian citizen who works in the United States can be even worse. Though it carries few immigration consequences, the same as U.S. citizens with Drunk Driving / OWI / OWVI cannot freely travel to Canada. A Canadian citizen with a Drunk Driving / OWI / OWVI cannot freely travel to the US.
Below we have included a list of all Michigan laws which carry a mandatory suspension of your Canadian license.
- Failure to stop at the scene of an accident involving injury or death of a person, under Michigan Compiled Law, Sections 257.617 and 257.617a.
- Operation of a motor vehicle while impaired by or under the influence of an intoxicating liquor or a controlled substance, or a combination of them, under Michigan Compiled Law, Section 257.625 (3).
- Operation of a motor vehicle with over .08 grams or more of alcohol per 100 millilitres of blood, per 210 litres of breath or per 67 millilitres of urine, under Michigan Compiled Law, Section 625 (1) (b).
- Refusal to provide a chemical breath analysis, under Michigan Compiled Law, Section 257.625a.
- Operation of a motor vehicle while under the influence of intoxicating liquor, controlled substance or a combination of them, causing serious impairment to a person, under Michigan Compiled Law, Section 257.625(5).
- Operation of a motor vehicle while impaired by or under the influence of an intoxicating liquor or a controlled substance, or a combination of them, under Michigan Compiled Law, Section 257.625 (4).
See also, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_930037_e.htm
Are you a Canadian Citizen or Resident arrested on suspicion of a Drunk Driving / OWI / OWVI here in Michigan? We know the law and have helped other Canadians keep their license and avoid additional punishments (such as being unable to travel into the US) where other attorneys have not. To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
Credit Card Debt Collection for an Authorized User
My Mother, Daughter, Friend, Son, Nephew, etc. used my Credit Card and never paid me back and now the Credit Card Company is suing me. Am I stuck with the bill? Or do I have any recourse?
Unfortunately, you are likely liable for the debt. You could file an affidavit with your credit card company in which you attest that you did not make the charges and that these charges were unauthorized. If you timely file such an affidavit, you may not be liable for those charges. However, this might cause criminal charges to be brought against the individual using your card.
As such, most people similarly situated will do nothing in the hopes their relative or friend will make prompt repayment. Few people ever want to think that their friend or family member would ever betray them. Unfortunately, this is simply not the case.
If this has happened to you, let us help you. The Attorneys of Garmo & Kiste, PLC are experienced Debt Collection Attorneys who now specialize in Debt Collection Defense and Bankruptcy Work. In the past we learned the trade working for Credit Card Companies and Debt Collection Agencies.
Yearly we handle hundreds of collections and collections defense cases. For more information about Debt Collection Defense and Bankruptcy Work or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation. We are licensed Michigan attorneys, with offices in Troy, MI.
