Author Archives: jeshuatlauka

In real estate transactions it should go without saying that if you want the deal to hold up in a court of law, you should put it in writing. This is particularly primarily due to the Michigan “statute of frauds” which holds that any agreement for the sale of an interest in land must be evidenced in someContinue reading “In Re Lemcool Trust – An Unfortunate Example of Why You Need to “Put it in Writing””

Failing to comply with Michigan Statute when foreclosing by advertisement can render the foreclosure void – not merely “voidable”. A 6th Circuit Court of Appeals decision provides a good example to lenders, servicers, and other real estate professionals on why it is important to follow MCL 600.3205’s requirements to hold off foreclosure by advertisement forContinue reading “Banks and Mortgage Servicers: The Dangers of Not Complying With Michigan Foreclosure Law and the difference between “Void” and “Voidable”.”

“Laches” no, I don’t mean Latches.  In a legal sense, “laches” means failing to bring your claim in a timely manner and to the prejudice of the opposing party. A recent Michigan Court of Appeals decision highlights an example of “laches” in the context of real estate disputes and how delaying in bringing a claim inContinue reading ““Laches” in Real Estate Disputes. Its Basically About Fairness.”

The elderly and otherwise vulnerable population are particularly susceptible to exploitation, financial and otherwise. A Proposed House Bill would give Judges the discretion to sentence perpetrators convicted of multiple offenses against vulnerable adults consecutively (back to back) as opposed to concurrently (at the same time).  This would provide Judges with the discretion to give these perpetratorsContinue reading “Proposed Michigan House Bill 4264 Would Allow Consecutive Sentencing for Financial Exploitation of Vulnerable Adults”

 The Fair Debt Collection Practice Act (“FDCPA”) is a consumer protection act that requires that debt collectors treat debtors fairly and prohibits certain methods of debt collection. Russell v Equifax ARS, 74 F3d 30, 33 (2d Cir 1996). Michigan has its own state statute, MCL 339.901 et seq., that mirrors the FDCPA. In the context ofContinue reading “U.S. 6th Circuit: Mortgage Foreclosure is debt collection under the Fair Debt Collection Practices Act.”

Interested in seeing what Michigan Legislation passed in 2012? The State Bar of Michigan posted a detailed list of new Public Acts, brief summaries, and links to detailed information about the new laws. Check it out at the link below: http://www.michbar.org/publicpolicy/recentlegislation.cfm

I recently wrote an article for @earlycareerists about the value of business networking, from my perspective as a lawyer.  It was posted at  goo.gl/fb/7CzVd Have a Happy New Year!

Lenders who were hoping the 90-day postponement on many foreclosure by advertisements would come to an end December 31, 2012 will have to wait another 6 months.  In 2009 the Legislature created a 90-day moratorium on foreclosure by advertisement to provide borrowers a chance to negotiate a loan modification with their lenders if the property was their principalContinue reading “Lenders Foreclosing on Residential Mortgages Must Still Offer 90-Day Foreclosure Moratorium: Sunset is Extended to June 30, 2013”

A short sale  is a sale of property conditioned upon a bank’s  approval of a reduced loan pay off and its agreement to discharge its mortgage. In a short sale a borrower owes the bank more than the property is worth. A short sale can make sense for both a buyer and a seller.  For more onContinue reading “The Benefits of a Short Sale….After Foreclosure?”

Check out this article from attorney Lawrence Shoffner commenting on a July 10, 2012 Michigan Court of Appeals Decision:  Majestic Golf, LLC, v. Lake Walden Country Club, Inc., (Mich App No 300140, July 10, 2012). This underscores the fact that the law treats commercial landlord/tenant issues somewhat differently than residential tenancies. In the residential context,Continue reading “Commercial Leases: Courts will apply the plain language of the contract in enforcing its terms.”