Category Archives: Memorandum

Simon PLC Attorneys & Counselors – November 2023 Memorandum ACCELERATE OR NOT TO ACCELERATE – A LENDER’S POTENTIAL LOSS TO RECOVER PREPAYMENT PREMIUMS Troy, MI. Reasonable prepayment premiums provisions (or “make-whole provisions”) found in loan agreements are valid and generally enforceable. They serve a valid purpose in compensating the lender for the loss of future […]

Simon PLC Attorneys & Counselors – October 2023 Memorandum Michigan Receivership Authority: Rejection of Executory Contracts and Leases Troy, MI – In the realm of distressed assets and court supervised liquidations, the appointment of a receiver is not an uncommon occurrence. A court-appointed receiver is a neutral third party entrusted with the responsibility of managing […]

Simon PLC Attorneys & Counselors – September 2023 Memorandum Conjunction Junction What’s Your Function? Troy, MI. Many attorneys of a certain age may remember this old line from ‘Schoolhouse Rock!’ that would air on Saturday mornings.  This question was recently answered by the Michigan Court of Appeals in Paine v Godzina, Michigan COA 363530 (July […]

Simon PLC Attorneys & Counselors – August 2023 Memorandum New York’s Foreclosure Abuse Prevention Act Freedom Mortgage Corporation v. Engel Revisited On December 30, 2022, New York State Governor Kathy Hochul signed into law the “Foreclosure Abuse Prevention Act” (“FAPA”). FAPA applies to both residential (not only owner-occupied properties) and commercial foreclosures and became effective […]

Simon PLC Attorneys & Counselors – July 2023 Memorandum Seller’s Duties Under the Michigan Seller Disclosure Act Troy, MI. During the pandemic, many people stayed at home, looked around the house, and decided to make some changes.  Whether a “do-it-yourself” job or by a contractor, any such work impacts the homeowner’s future disclosure obligations upon […]

Simon PLC Attorneys & Counselors – June 2023 Memorandum Judgment Creditors Beware: Garnishee Defendants May Not Object to Post-Judgment Writs of Garnishments Troy, MI. A recent, soon to be published opinion from the Michigan Court of Appeals (COA) made it clear that garnishee defendants may not file an objection to a judgment creditor’s (a/k/a garnishee […]

Simon PLC Attorneys & Counselors – May 2023 Memorandum Service of Process – Who is in charge of the office? Troy, MI. The Michigan Court Rules provide a process for individuals to file a complaint in court in order to seek redress for grievances. This process is important for ensuring that individuals are able to […]

Simon PLC Attorneys & Counselors – April 2023 Memorandum Time Limit on Substitution of Parties – When is it too Late to Step in for a Late Litigant? While certainly tragic for family and unfortunate for counsel, the death of a party mid-litigation is not an uncommon occurrence. In instances where a deceased party’s claim […]

Simon PLC Attorneys & Counselors – March 2023 Memorandum Extending the running of the Statute of Limitations to allow time to work with a cooperative debtor. While in the course of litigating breach of contract actions, it is not uncommon for Defendants to reach-out in an attempt to negotiate a payment arrangement that avoids the […]

Simon PLC Attorneys & Counselors – February 2023 Memorandum Who owns the funds in a joint bank account in Michigan?  The “realities of ownership”. Does the addition of a joint tenant on a bank account vest not only the right to access every last dollar in the account but also vest all funds to the […]