» 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In Gray v Burns, an unpublished opinion, the Michigan Court of Appeals reversed and remanded the Kalamazoo Circuit Court’s decision to reform the parties’ deeds because the boundary line that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In an unpublished opinion, the Michigan Court of Appeals affirmed the lower court’s summary disposition in Rule v. US Bank, stating that a mortgagee has no duty to investigate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
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 Appe…
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Categories: Real Estate Law
10 Tips to Avoid Foreclosure
August 24th, 2010
If you fail to make your home mortgage payments, your lender may initiate foreclosure proceedings. Foreclosure is the legal means that your lender can use to repossess your home. If your property is worth less than the total amount you owe on your mo…
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Categories: Real Estate Law
Land Contracts
August 23rd, 2010
The use of land contracts is increasing as traditional financing is not available to most purchasers based on increased lending requirements and decreased appraised values. Use of a land contract may be the only way to close a sale in this slow real…
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Categories: Real Estate Law
Introduction to MERS
August 10th, 2010
What is MERS? MERS is a name frequently heard in court in connection with mortgage issues. Much litigation revolves around mortgages and often it is unclear to litigants how MERS operates. Often the issue is whether MERS should be a party to the liti…
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Categories: Real Estate Law