Author Archives: jeshuatlauka

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?”

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”

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?”

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”

Happy Friday to all!   I recently wrote an article that was published as a Guest Blog post with Early Careerists where I discussed serving on a Non-Profit Board. You can check out my article http://earlycareerists.com/blog/a-lesson-in-professional-development-be-someone-who-cares-serve-on-a-non-profit-board You can also connect with Early Careerists on twitter at @earlycareerists  

Mistakes in Real Estate Closing Documents happen. It is a fact.  What are the ramifications? I will give you  the cliche “lawyer answer” – It depends. Among other things, it depends on how significant the mistake is (does it render the lender’s ability to enforce its rights invalid?), and if the lender seeks a Court to “fix”Continue reading “Mistakes in Real Estate Closing Documents: Court Decides Not to Invoke Equity to Save a “Sophisticated Lender” from its Mistake.”

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”