This morning I read a court of appeals decision that came out on October 18 – it provides a classic example of why you need to take care in drafting real estate documents. The case: In Re Estate of Lyle Steiner Facts are relatively straight forward: In 2007, Tuscan Plaza Condominiums, LLC, conveyed aContinue reading “Real Estate Case Law: Tenants in Common v Tenants with Full Rights of Survivorship – A Potentially Costly Distinction.”
Tag Archives: real estate
Recent Court Case Provides Good Lessons For Real Estate Investors.
Its Wednesday and I wanted to share a court of appeals case that came out on September 15th. Case: Key Bank v Lake Villa Oxford Assoc, et. al. Lesson: be careful when drafting “personal guarantees” I’ve written in the past about personal guarantees. This particular case involved a real estate development gone bad. Defendant, developer,Continue reading “Recent Court Case Provides Good Lessons For Real Estate Investors.”
Proposed Bill Affects Landlords in Recovering Property Against “Squatters”
Several years ago I wrote a post about a proposed bill affecting Landlords. The Bill affected the time frame which a property owner could bring an action to recover property; most importantly, it affected the statute of limitations for a claim of “adverse possession” or “squatters rights” by a holdover tenant. Here’s the scenario:Continue reading “Proposed Bill Affects Landlords in Recovering Property Against “Squatters””
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”
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”
Business Contracts and Lawsuits: Isn’t it All a Matter of Interpretation?
Happy Friday! A few weeks back I posted about a trial that I had involving a dispute over the interpretation of a real estate contract. Back in December I posted about commercial leases and how courts will enforce the plain meaning of an “unambiguous” contract. These posts encourage “clear drafting” of business contracts. Ambiguous contractsContinue reading “Business Contracts and Lawsuits: Isn’t it All a Matter of Interpretation?”
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.”
Purpose Driven General Counsel 