A Lawyer’s Perspective: the Tension Between Encouraging Real Estate Entrepreneurship and Keeping Families in Affordable Housing.

If you are reading this, you may know that I am a lawyer.  I love working with entrepreneurs – a large number of my clients invest in/manage real estate. As the current Chairman of the Board of Mel Trotter Ministries, I also care very deeply about the homeless, hurting, and hungry.   I was inContinue reading “A Lawyer’s Perspective: the Tension Between Encouraging Real Estate Entrepreneurship and Keeping Families in Affordable Housing.”

Real Estate Law Update: Michigan Supreme Court Holds Full Credit Bid did not Bar Contract Claim against Third-Party.

Happy Friday, all! Real Estate Investors and anyone involved in the foreclosure process is aware that a “full credit bid” at the foreclosure sale by the bank/mortgage holder “extinguishes the underlying debt.” You can check out my prior posts on this subject. A case that has been on appeal for years is Bank of AmericaContinue reading “Real Estate Law Update: Michigan Supreme Court Holds Full Credit Bid did not Bar Contract Claim against Third-Party.”

Landlords & Property Managers: Time to Review your Tenant Applications – Beware Blanket Bans on Renting to those with Criminal Convictions

“Private landlords who have blanket bans on renting to people with criminal records are in violation of the Fair Housing Act and can be sued and face penalties for discrimination.” The New York Times Also check out theABAJournal According to the Times article ” In particular, blanket bans violate fair housing law because they have aContinue reading “Landlords & Property Managers: Time to Review your Tenant Applications – Beware Blanket Bans on Renting to those with Criminal Convictions”

Business Startups: Don’t make these mistakes.

Happy Friday! I love reading Michigan Court of Appeals decisions. Even if it is not a significant decision related to a novel legal issue, cases usually do a good job of demonstrating pitfalls for people to watch out for. Take for instance, the Phillips v TruFit case decided on February 9th of this year. This case providesContinue reading “Business Startups: Don’t make these mistakes.”

They Did What? Real Estate Legal News: Be Careful What you Record Against Real Estate.

Yesterday an Oregon Couple plead guilty to filing “retaliatory liens” on the property of a federal judge and other government officials.  The liens exceeded $100 Million. The couple allegedly filed the liens while charges were pending against them for unpaid taxes. Absurd. Can you imagine going to a closing on your home, or refinancing aContinue reading “They Did What? Real Estate Legal News: Be Careful What you Record Against Real Estate.”

Michigan Law Update: Patent Trolls, Aggressive Solicitation, and a Real Estate dispute

Happy Friday! A few brief legal updates on proposed Bills and a Court decision. Patent Trolls! Back in July I wrote a post about legislation that was introduced in the House : A Tool for Business in Fighting Against Patent Trolls That House Bill has sat for about 8 months. The House Judiciary Committee is meetingContinue reading “Michigan Law Update: Patent Trolls, Aggressive Solicitation, and a Real Estate dispute”

Michigan Real Estate Law Update: Innocent Until Proven Guilty – Termination only after Conviction of Drug & Assault Crimes.

Landlords and Investment Property Owners – something to keep your eye on. Michigan House Bill 5217 was introduced on January 13, 2016 – you can see the text here. This Bill will, if passed, affect Landlords and Owners of Rental Properties. The net effect appears to make it harder to remove tenants engaged in drug activity and assaultContinue reading “Michigan Real Estate Law Update: Innocent Until Proven Guilty – Termination only after Conviction of Drug & Assault Crimes.”

Lessons From Trial: WORDS MATTER when Drafting Real Estate Documents

I recently had a trial over a relatively simple real estate document (that, just to be clear, I played no part in drafting). The Owner and Buyer negotiated the terms of an option to purchase real estate. The Investor and Buyer negotiated terms that they both thought were plain. No one thought that the dealContinue reading “Lessons From Trial: WORDS MATTER when Drafting Real Estate Documents”

News of Sham Real Estate Companies’ “Bad Acts” a Lesson for Real Estate Investment Companies.

Today the ABAJournal reported the following article: “Deed thieves use sham companies to hide their identities” According to the ABAJournal: “Fraudsters are using sham limited liability companies that shield their identities in order to obtain properties without the knowledge or full understanding of the owners.” Further, “Some fraudsters search legal notices for delinquent mortgages andContinue reading “News of Sham Real Estate Companies’ “Bad Acts” a Lesson for Real Estate Investment Companies.”

Recent Case Law: Lesson to Real Estate Investors

I represent a number of real estate investors, some of whom purchase and rehab distressed properties – before, at, or after a foreclosure sale has taken place. Distressed properties are suited for entrepreneurs – they are “high risk, high reward” investments. An investor can get a great deal at these sales. However, these sales are inherent withContinue reading “Recent Case Law: Lesson to Real Estate Investors”