Lessons from Court: Potential Pitfalls in Managing Your Own Investment Real Estate

I was in Court this morning representing a Property Management Company in an eviction proceeding. It is always unfortunate when a landlord/tenant relationship breaks down and results in legal action. unfortunate, but necessary at times. Some private investors in the real estate business think it is more cost-effective to evict tenants themselves – this isContinue reading “Lessons from Court: Potential Pitfalls in Managing Your Own Investment Real Estate”

Payments to homeowners wrongfully foreclosed on approach $2.2 Billion

  $2.2 Billion in Payments to Homeowners According to the Office of Comptroller on Currency, More than 2.4 million checks related to the Independent Foreclosure Review have been cashed or deposited by homeowners who were wrongfully foreclosed on for nearly $2.2 billion through May 16, 2013. For more information, check out the OCC’s website at: http://www.occ.gov/news-issuances/news-releases/2013/nr-occ-2013-85.html  Continue reading “Payments to homeowners wrongfully foreclosed on approach $2.2 Billion”

Forged Mortgage Documents: Hard to Prove?

A reality of the real estate crisis that hit in 2008 –  we discovered (and are still discoverying) that there were those individuals and companies who benefitted greatly from falsifying loan documents. Case in point, the owner of Prime Title Insurance Company in Grand Rapids, MI was just sentenced to prison for his role inContinue reading “Forged Mortgage Documents: Hard to Prove?”

The Problem with Universal Legal Form Documents, Unaccompanied By Your Lawyer’s Review

I recently had a real estate client come in the office; she had purchased “universal” legal form documents (for quite a considerable amount of money, I might add) that she intended to use in her real estate investment practice. She was prudent, and wanted to make sure that the documents were legally sound, so sheContinue reading “The Problem with Universal Legal Form Documents, Unaccompanied By Your Lawyer’s Review”

Ambiguities in the Promissory Note: When is a Personal Guarantee REALLY a Personal Guarantee?

In the world of lending if a business wants to secure financing, you will be hard-pressed to find a bank that is not going to require some collateral, including a personal guarantee of the debt by the principal(s) of the business. businesses don’t want to sign personal guarantees; it’s why businesses take on the corporateContinue reading “Ambiguities in the Promissory Note: When is a Personal Guarantee REALLY a Personal Guarantee?”

Lessons from Trial: The Indestructible Deed: Joint Tenants with Full Rights of Survivorship

I just had a trial that ended yesterday. Very interesting case that involved some interesting facets of real estate law and provides a good example of why you should get legal advice prior to entering into any contract, real estate, or otherwise.   Briefly, the facts of my case are as follows: Mom and DadContinue reading “Lessons from Trial: The Indestructible Deed: Joint Tenants with Full Rights of Survivorship”