Category Archives: Memorandum

Simon PLC Attorneys & Counselors – October 2021 Memorandum CONFUSION AS TO DISTRICT COURT AMOUNT IN CONTROVERSY/SUBJECT MATTER JURISDICTION – THE EFFECT OF ABCS TROY V. LOANCRAFT, LLC Bloomfield Hills, Michigan – It has been said that trial courts jealously guard their jurisdiction and will not entertain lawsuits that fall outside.  Through this approach, they […]

Simon PLC Attorneys & Counselors – September 2021 Memorandum LENDERS BEWARE OF CFPB MORTGAGE SERVICING COVID-19 FINAL RULE- A MORATORIUM ON FORECLOSURE Bloomfield Hills, Michigan –  As we slowly emerge from the COVID-19 pandemic that has consumed and continues to consume this nation (and the world) for the past 18 months, the Consumer Financial Protection […]

Simon PLC Attorneys & Counselors – August 2021 Memorandum ENFORCEMENT OF MICHIGAN NON-COMPETE AGREEMENTS Bloomfield Hills, Michigan – Many employers require their employees to sign a contract preventing the employees from leaving and going to work for a competitor.  These may be separate agreements or part of a larger employment contract, included as a “noncompete […]

Simon PLC Attorneys & Counselors – July 2021 Memorandum DON’T FORGET YOUR AFFIDAVIT$!  AN ACCOUNTS STATED PRIMER. Bloomfield Hills, Michigan – On April 28, 2021, the Michigan Court of Appeals issued a decision in the case of Network Designs, LLC v. Music Hall Center for the Performing Arts, No. 351434 No. 351434, LC No. 18-009505-CB […]

Simon PLC Attorneys & Counselors – June 2021 Memorandum DEBT BUYERS MAKING YOUR CASE IN COURT Bloomfield Hills, Michigan – The rise in the number of assignments of purchased debts and claims have exploded over the years due to many factors, among them– the rise of revolving debt and personal debt, creditors seeing the sale […]

Simon PLC Attorneys & Counselors – May 2021 Memorandum JUDGMENT INTEREST IN MICHIGAN – HOW MUCH AND WHEN? Bloomfield Hills, Michigan – It is often taken as a given that a party that prevails in a civil action is entitled to receive interest on its judgment.  Everyone has heard the old adage “time is money” […]

Simon PLC Attorneys & Counselors – April 2021 Memorandum VOIDABLE TRANSFER ACT Bloomfield Hills, Michigan – Michigan has become one of a number of states to adopt the Uniform Voidable Transactions Act (“UVTA”) which amends the Uniform Fraudulent Transfer Act (“UFTA”).   The UFTA is the most widely adopted statute in the United States addressing […]

Simon PLC Attorneys & Counselors – March 2021 Memorandum DON’T BE AFRAID TO TAKE ON CITY HALL Bloomfield Hills, Michigan – Have you ever had an issue with your local municipality?  Are your elected leaders trying to change local ordinances that affect your business?  Effective challenges to proposed changes to local laws can stop and […]

Simon PLC Attorneys & Counselors – January 2021 Memorandum IS POSSESSION 9/10 OF THE LAW? CALL YOUR LAWYERS BEFORE RELEASING THAT CAR Bloomfield Hills, Michigan – On January 14, the Supreme Court of the United States released its opinion in City of Chicago, Illinois v. Fulton et al., 592 U.S. ____ (2021).  In an 8-0 […]

Simon PLC Attorneys & Counselors – January 2021 Memorandum An Update on the compliance with the amended Marketable Record Title Act for Homeowners’ and Condominium Associations Bloomfield Hills, Michigan – As noted in an earlier memorandum, Michigan’s Marketable Record Title Act was amended at the end of 2018 in a lame-duck session of the state […]