Category Archives: Memorandum

Time Limit on Substitution of Parties – When is it too Late to Step in for a Late Litigant?

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 […]

Extending the running of the Statute of Limitations to allow time to work with a cooperative debtor.

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 […]

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 […]