Author Archives: jeshuatlauka

 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.”

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”