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Home / Firm Blog / Insurance

Insurance

26
October
2015

Joint ownership of motor vehicles - Don't!

Joint ownership of motor vehicles - Don't!

Categories: Insurance

20
June
2012

Lost Note not road block to foreclosing mortgage securing established debt

In Sallie v. Fifth Third Bank, a published opinion, the Michigan Court of Appeals held that a bank could foreclose on a mortgage even if the note secured by the mortgage is lost as long as the mortgage contains a power of sale and the underlying debt is established...

Written by: Pat Gallagher Categories: Real Estate Law, Insurance

03
February
2012

Successor Interests: Record ALL of your Assignments

In Kim v JP Morgan Chase Bank, the Michigan Court of Appeals reversed the lower court's decision and found a sheriff's sale to be void for lack of record chain of title linking the mortgage interest to JP Morgan Chase.

Written by: Pat Gallagher Categories: Real Estate Law, Insurance, Banking/Credit Unions

18
January
2012

Tenant improvements do not establish a homestead exemption in equity

In an unpublished opinion, the Michigan Court of Appeals affirmed the lower court's summary disposition in Rule v. US Bank, stating that a mortgagee has no duty to investigate unrecorded property interests prior to foreclosure and is allowed to rely on the record of title.

Written by: Pat Gallagher Categories: Real Estate Law, Insurance

13
January
2012

Successor Interests: Record your Assignments

In Kim v JP Morgan Chase Bank, the Michigan Supreme Court reversed the lower court's decision and found a sheriff's sale to be void for lack of record chain of title linking the mortgage interest to JP Morgan Chase.

Written by: Pat Gallagher Categories: Real Estate Law, Litigation, Insurance, Banking/Credit Unions

05
January
2012

Equitable Subrogation: It’s not volunteering when you’re helping yourself

Peter Brown and Adam Holland, attorneys at the Gallagher Law Firm, have prepared the following article relating to the recent case about equitable subrogration in Michigan. The article was published on the

In December 2011, the Michigan Court of Appeals issued an opinion in CitiMortgage, Inc. v MERS, Inc. that addressed and expanded the doctrine of equitable subrogation in Michigan. The Court held that if the refinancing lender is the holder of the original mortgage that is being refinanced, the new mortgage can be subrogated to take the position of the original mortgage and it may retain the original mortgage's priority over intervening mortgages.

Written by: Pat Gallagher Categories: Real Estate Law, Insurance, Banking/Credit Unions

05
August
2010

New clause restrictions for insurance policies

The Office of Financial and Insurance Regulation (OFIR) has issued rules prohibiting three types of clauses found in insurance policies that consumers have found misleading or harmful. Consumer complaints suggested that many policyholders were being harmed by certain clauses in insurance policies. The rules now prohibit insurers from inserting clauses into insurance policies that:

Written by: Pat Gallagher Categories: Insurance