Author Archives: jeshuatlauka

I recently contributed a guest blog post for Coastline Building, a Custom Designer/Builder of Energy Efficient Homes in Southwest Michigan.   The article analyzes a recent case from the Michigan Court of Appeals that provides a great example of why the language of a Construction Contract is important for liability purposes. I would recommend anyone in the constructionContinue reading ““The Power of Words” – Indemnification Clauses in Construction Contracts”

Today the Federal Trade Commission came out with a press release indicating that certain real estate agents, home builders and other real estate professionals may be violating federal law with their advertisement. The FTC protects consumers from unfair or deceptive business practices. As indicated in a form letter sent out to several companies, “The FTCContinue reading “Does Your Mortgage Advertisement Violate Federal Law?”

HB 5969 was introduced on October 17, 2012 by Rep. Brown and referred to the Committee on Judiciary. It would create criminal and civil penalties for anyone who knows or has reason to know that a forged mortgage document is recorded on Property.  See details about the Proposed HB 5969 here: http://www.legislature.mi.gov/(S(aso5z0rpfjra1155ck222yuh))/mileg.aspx?page=GetObject&objectname=2012-HB-5969 The penalized actions allContinue reading “Proposed Michigan Legislation Would Crackdown on Mortgage Fraud with House Bill 5969”

Just as a follow up to an earlier post about the Independent Foreclosure Review through the Office of Comptroller on Currency, homeowners with qualifying mortgage loans have until December 31st to request an independent foreclosure review. On the OCC’s website it provides some background into this program: “On April 13, 2011, the Office of theContinue reading “Independent Foreclosure Review – Ends December 31, 2012”

The mortgage crisis created a lot of problems in the last several years, one of those problems was the flooding of Register of Deeds offices with documents concerning real property – sheriff deeds related to foreclosures, assignments of mortgages after sub-prime lenders went out of business, etc… With this increase in filing came an increaseContinue reading “Michigan Enrolled House Bill 4928 – Making it Simpler to Correct Errors in Real Estate Documents”

See the Real Property Section of the State Bar of Michigan’s E-Newsletter which includes my article on Abandoned Foreclosed Property   http://www.michbar.org/realproperty/eNews/eNews_October12.cfm    

check out my guest blog on Steve Volkers Group Website where I discuss what to do if a Buyer or Seller want to get out of a real estate transaction after the contract has been signed.  http://stevevolkersgroup.com/deal-deal-real-estate-sales-agreement-contract/

It is a practice of some purchasers at foreclosure sales to attempt to speed up the redemption period if the Property appears abandoned. Unless they are the mortgagee – they cannot do so under Michigan law.   The Michigan Court of Appeals, in an unpublished decision, Leggio v Huffer, No. 301821, 2012 WL 2605926 (Mich CtContinue reading “Foreclosed Property That Appears Abandoned – Does the Purchaser “Stand in the Shoes” of the Mortgagee for Purposes of Accelerating Redemption?”

In the last several years foreclosure litigation has boomed. An object of focus for many such property owners who find themselves in such a lawsuit has been to shift the burden to the Bank to “produce the note!” What happens if a Bank wants to foreclose on a mortgage and cannot find the underlying note that evidences the debt?Continue reading “The Bank and the “Lost Promissory Note”: Can a Lender Foreclose on a Mortgage Without Presenting the Promissory Note?”

When a mortgagor of real property has found itself defaulted, foreclosed on, and nearing the end of the redemption period (typically 6 months to 1 year) what rights do they have to bring claims in court related to that real property?   Not many, it appears, absent a signficant showing of fraud or irregularity inContinue reading “Foreclosures: Mortgagor has No Standing To Sue If Redemption Expires During the Lawsuit”