» Real Estate Law
Steps Required for an Assignment of Rents
April 19th, 2013
Michigan law permits borrowers to assign rents from their commercial and industrial properties (other apartments with less than six units and family residences) to their lenders as security for their loan. The lender, however, may only collect the re…
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Categories: Real Estate Law
Affidavit of Allodial Title Clouds Title
March 8th, 2013
We don’t normally follow criminal cases, but People v. Johnson-El, a published Michigan Court of Appeals opinion, caught our attention. In this case, Johnson-El is a member of the Washitaw Nation. The Washitaw Moors, a group that asserts that t…
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Categories: Real Estate Law
CitiMortgage's Equitable Subrogation ruling applies retroactively
August 13th, 2012
In an unpublished opinion dated July 31, 2012, the Michigan Court of Appeals ruled in National City Mortgage v Mercantile Bank that the equitable subrogation ruling in CitiMortgage Inc v Mortgage Electronic Registration Systems, Inc, 295 Mich App 72,…
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Categories: Real Estate Law
Lost Note not road block to foreclosing mortgage securing established debt
June 20th, 2012
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 underlying note is lost as long as the mortgage contains a power of sale and the underlying debt is establish…
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Categories: Real Estate Law
Successor Interests: Record ALL of your Assignments
February 3rd, 2012
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. The Kims took out a…
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Categories: Real Estate Law
Gray v Burns - It doesn't matter if an unrelated party acquiesced to the boundary
January 27th, 2012
In Gray v Burns, an unpublished opinion, the Michigan Court of Appeals reversed and remanded the Kalamazoo Circuit Court’s decision to reform the parties’ deeds because the boundary line that the trial court considered was acquiesced to w…
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Categories: Real Estate Law
Reinstated Corporations have a retroactive legal existence, but not necessarily an actual one
January 20th, 2012
In Woodbury v. Res-Care Premier, Inc., a published opinion, the Michigan Court of appeals reversed the trial court’s decision to grant summary disposition in favor of the subdivision, Center Woods, reasoning that Center Woods had automatically…
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Categories: Real Estate Law
Tenant improvements do not establish a homestead exemption in equity
January 18th, 2012
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…
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Categories: Real Estate Law
Successor Interests: Record your Assignments
January 13th, 2012
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. The Kims took out a lo…
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Categories: Real Estate Law
Equitable Subrogation: It’s not volunteering when you’re helping yourself
January 5th, 2012
Adam Holland, attorney 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 opi…
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Categories: Real Estate Law