Category Archives: Memorandum

Compliance with Michigan’s “Source of Income” Legislation

Simon PLC Attorneys & Counselors – February 2026 Memorandum Compliance with Michigan’s “Source of Income” Legislation Troy, MI — As of April 2, 2025, Michigan law expressly bans residential landlords with five or more units from rejecting tenants based on source of income and further establishes “source of income” as a protected class under Michigan’s […]

Choosing a receiver wisely: Nationwide considerations in choosing a receiver

Simon PLC Attorneys & Counselors – January 2026 Memorandum Choosing a receiver wisely: Nationwide considerations in choosing a receiver. Troy, MI — The use of receivership to assist creditors dates back to medieval English courts and was known to be used during the reign of Queen Elizabeth I. The concept traveled to the New World […]

Rayford v. American House Roseville I, LLC- A Narrow Carveout from Rory

Simon PLC Attorneys & Counselors – December 2025 Memorandum Rayford v. American House Roseville I, LLC- A Narrow Carveout from Rory Troy, Michigan – For over 20 years, Michigan courts have routinely applied the holding in Rory v. Continental Ins. Co., 473 Mich. 457 (2005) that an unambiguous contract must be enforced as written. In Rory, […]

Construction Contracts and Minimizing Risk: Liquidated Damages Clauses

Simon PLC Attorneys & Counselors – September 2025 Memorandum Construction Contracts and Minimizing Risk:  Liquidated Damages Clauses Troy, Michigan – In the high-stakes world of construction, with its complex projects and potential for costly setbacks, contracts serve as the crucial backbone, bringing structure and clarity to the collaborative efforts of numerous parties. They are the […]

Implementing Effective Policies and Procedures

Simon PLC Attorneys & Counselors – August 2025 Memorandum Urwiller: Implementing Effective Policies and Procedures Troy, Michigan – Our Firm’s tradition of hiring current and former in-house counsel from financial institutions as Senior Attorneys at the Firm benefits our clients, and the Firm alike. Kenneth L. Urwiller II, Esq is one such valued member of our […]

Receivership As a Resource to Creditors Addressing the Challenges of Vacant Commercial, Retail and Residential Property

Simon PLC Attorneys & Counselors – July 2025 Memorandum Receivership As a Resource to Creditors Addressing the Challenges of Vacant Commercial, Retail and Residential Property Troy, MI. Nobody likes living near a derelict abandoned property. These types of assets are public nuisances that suddenly become everyone’s problem but their owner. Neighbors suffer from decreased property […]

Michigan Shareholder Oppression, Fiduciary Duties, and “Business Divorce”

Simon PLC Attorneys & Counselors – June 2025 Memorandum Michigan Shareholder Oppression, Fiduciary Duties, and “Business Divorce”. Troy, MI. Small business disputes are a trying and difficult experience for shareholders. What once began with a united vision of building an empire, expanding upon a great idea, or the passion for a particular skill and service […]

New York’s Foreclosure Abuse Prevention Act Revisited -Two Years Later

Simon PLC Attorneys & Counselors – March 2025 Memorandum New York’s Foreclosure Abuse Prevention Act Revisited -Two Years Later Troy, MI. It has been more than two years, since the New York legislature enacted the “Foreclosure Abuse Prevention Act” (“FAPA”) in direct response to the New York Court of Appeals’ decision in Freedom Mortg. Corp. […]

PUBLIC ACT 154 OF 2024 – TARGETING TITLE FRAUD

Simon PLC Attorneys & Counselors – February 2025 Memorandum PUBLIC ACT 154 OF 2024 – TARGETING TITLE FRAUD For many years, scammers have filed false quit claim deeds and other documentation with Registers of Deeds throughout Michigan, resulting in tangled ownership chains, properties frozen with unmarketable title, and in the worst cases, people purchasing homes […]