Category Archives: Memorandum

Statute of limitations on an Illinois breach of an installment contract? You may have longer than you realize.

Simon PLC Attorneys & Counselors – January 2023 Memorandum Statute of limitations on an Illinois breach of an installment contract? You may have longer than you realize.  Troy, Michigan –Simon PLC is frequently approached by clients who discover an old file that hasn’t been worked in years. More often than not, the initial communication includes […]

Practice Tip: Homestead Property – Who Signs the Mortgage?

Simon PLC Attorneys & Counselors – December 2022 Memorandum Practice Tip:  Homestead Property – Who Signs the Mortgage? Troy, Michigan – Your client is preparing to close on a commercial loan to support his new business venture.  The bank requires a pledge of his residence as supplemental collateral.  He calls you and asks, “Why does […]

Aftermath of the NYS Court of Appeals Landmark Decision in Freedom Mortgage Corporation v. Engel

Simon PLC Attorneys & Counselors – November 2022 Memorandum Aftermath of the NYS Court of Appeals Landmark Decision in Freedom Mortgage Corporation v. Engel Troy, Michigan – To overturn the impact of the New York Court of Appeals’ decision in Freedom Mtge. v. Engel, 37 N.Y.3d 1 (N.Y. 2021), the New York State Legislature introduced […]

UCC Article 2a Finance Leases and the Absolute Duty of the Lessor to Perform

Troy, Michigan – A lessee of commercial equipment – copier/scanner, telephone or computer network, industrial equipment and other items not intended for personal or household use – stops making payments to the lessor due to some defect in the equipment and/or the failure or inability of the third-party vendor to service it.  The lessee appears […]

Options Available To Marijuana Businesses and Distressed Assets in Default in Michigan

Simon PLC Attorneys & Counselors – September 2022 Memorandum Options Available To Marijuana Businesses and Distressed Assets in Default in Michigan Troy, Michigan – Michigan’s cannabis industry continues to experience high growth and demand.  This has attracted a larger than ever number of grow facilities and product in the marketplace.  But all is not rosy, […]

Important Developments Under Michigan’s New Uniform Assignment of Rents Act

Simon PLC Attorneys & Counselors – August 2022 Memorandum Important Developments Under Michigan’s New Uniform Assignment of Rents Act Troy, Michigan – When a lender makes a loan on income-producing real estate, the lender often requires the borrower to execute an “Assignment of Leases and Rents.” If it becomes necessary for the lender to institute […]

Second Circuit Denies Standing to ADA Claimants in “cut and paste” Gift Card Lawsuits

Simon PLC Attorneys & Counselors – July 2022 Memorandum Second Circuit Denies Standing to ADA Claimants in “cut and paste” Gift Card Lawsuits Troy, Michigan – On June 2, 2022, the United States Court of Appeals for the Second Circuit issued a decision affirming the dismissal of four lawsuits filed by blind or visually impaired […]

Selecting Your Legal Partner: Part 3 – Making Your Selections

Simon PLC Attorneys & Counselors – June 2022 Special Memorandum Troy, Michigan – We are proud to continue our special three part memorandum series authored by our own Kenneth L. Urwiller II, Esq. With an outstanding career working for local Michigan and ultimately National Bank Associations, Ken brings his particular knowledge to the daily matters […]

Selecting Your Legal Partner: Part 2 – How Do You Litigate?

Simon PLC Attorneys & Counselors – May 2022 Special Memorandum Troy, Michigan – We are proud to continue our special three part memorandum series authored by our own Kenneth L. Urwiller II, Esq. With an outstanding career working for local Michigan and ultimately National Bank Associations, Ken brings his particular knowledge to the daily matters […]

Selecting Your Legal Partner: Part 1 – What’s Your Litigation Culture?

Simon PLC Attorneys & Counselors – April 2022 Special Memorandum Troy, Michigan – At many times in its history, our Firm has been honored to employ current and former in-house counsel from financial institutions as Senior Attorneys at the Firm. Our clients, and the Firm alike, have always benefitted from their insights and experience to […]

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