David A. Stephan

PRACTICE AREAS

• Commercial Litigation
• Defensive Litigation
• Loan Workouts

• Commercial Lending Litigation
• Default Servicing & Foreclosure
• Collections
• Real Estate and Secured Transactions

• Correction of Title and Priority Problems
• Evictions
• REO
• Construction Law

POSITION:

• Senior Attorney, Dallas office

ADMITTED TO BAR:

• 1988, Colorado
• 1990, Texas
• 1990, District of Columbia

EDUCATION:

• Trinity University (BA in Economics and Political Science, 1985)
• University of Denver College of Law (J.D., 1988)

MEMBER:

• State Bar of Texas
• Dallas Bar Association
• State Bar of Colorado
• District of Columbia Bar
• U.S. Court of Appeals for the Fifth Circuit
• U.S. District Courts for the Eastern, Northern
• Southern and Western Districts of Texas
• U.S. District Court for the District of Arizona

E-MAIL:

dstephan@simonattys.com

David A. Stephan

PRACTICE AREAS

POSITION:

ADMITTED TO BAR:

EDUCATION:

MEMBER:

E-MAIL:

CFPB DEEMS LAND CONTRACTS “CREDIT” SUBJECT TO FEDERAL MORTGAGE PROTECTIONS

PURDUE RULING- A POTENTIAL LIMITATION ON THE POWERS OF THE BANKRUPTCY COURT

Palmer Park Apartment Complex Portfolio

NON-COMPETE AGREEMENTS IN 2024, MICHIGAN, FTC, AND THE CHEVRON RULE

Simon PLC Attorneys & Counselors – June 2024 Special Memorandum Analyzing your Litigation Risk

ONE DEPOSIT, TWO DEPOSIT, FRAUD— Mobile Remote Deposit Capture and Double Presentment

The Corporate Transparency Act and the Issue of Beneficial Ownership and Substantial Control

Corporate Dissolution in Michigan and the Power to Sue and Be Sued

Do Contractors Need to Open a Separate Account ? The Michigan Builder’s Trust Fund Act

When is it proper to use the Secretary of State to serve an LLC in Illinois?

Restaurant, Keego Harbor, Michigan

Michigan’s Contract Statute of Limitations – Last Payment Date or Maturity Date – What Determines When a Debt Becomes Stale?

ACCELERATE OR NOT TO ACCELERATE – A LENDER’S POTENTIAL LOSS TO RECOVER PREPAYMENT PREMIUMS

Michigan Receivership Authority: Rejection of Executory Contracts and Leases

Conjunction Junction What’s Your Function?

New York’s Foreclosure Abuse Prevention Act

Seller’s Duties Under the Michigan Seller Disclosure Act

Judgment Creditors Beware: Garnishee Defendants May Not Object to Post-Judgment Writs of Garnishments

Health Care Facility For Sale | 300 Care Center Dr., Manistee, MI

Service of Process – Who is in charge of the office?

Grow Facility, Eaton County

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

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

Dispensary 700 Tappan Ave., Ann Arbor, MI 48104

Who owns the funds in a joint bank account in Michigan?

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

Practice Tip: Homestead Property – Who Signs the Mortgage?

805 & 809 W. Erie and 505 Keefer, Albion, MI

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

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

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

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

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

Selecting Your Legal Partner: Part 3 – Making Your Selections

Hampton Inn – Southgate

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

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

Garnishing accounts? Don’t forget the crypto wallet.

Simon PLC Attorneys & Counselors – 2022 Update of Receivership Case Studies

Update to Creditors regarding changes to the FDCPA – 12 CFR Part 1006 “Regulation F”

Homeowners Associations And Homeowners Beware: Airbnb, VRBO And Other Short-Term Use Rentals May Be Prohibited

SO YOU HAVE AN ILLINOIS JUDGMENT DEBTOR; WHAT DO YOU DO NOW?

CONFUSION AS TO DISTRICT COURT AMOUNT IN CONTROVERSY / SUBJECT MATTER JURISDICTION – THE EFFECT OF ABCS TROY V. LOANCRAFT, LLC

LENDERS BEWARE OF CFPB MORTGAGE SERVICING COVID-19 FINAL RULE- A MORATORIUM ON FORECLOSURE

ENFORCEMENT OF MICHIGAN NON-COMPETE AGREEMENTS

DON’T FORGET YOUR AFFIDAVIT$! AN ACCOUNTS STATED PRIMER

DEBT BUYERS MAKING YOUR CASE IN COURT

JUDGMENT INTEREST IN MICHIGAN – HOW MUCH AND WHEN?

VOIDABLE TRANSFER ACT

DON’T BE AFRAID TO TAKE ON CITY HALL

IS POSSESSION 9/10 OF THE LAW? CALL YOUR LAWYERS BEFORE RELEASING THAT CAR

Update on the compliance with the amended Marketable Record Title Act for Homeowners’ and Condominium Associations

Can a Judgment Creditor Garnish PPP and CARES Act Funds?

CHANGES IN MICHIGAN RECEIVERSHIP LAW PROVIDE REMEDY FOR MARIJUANA BUSINESSES AND PROTECTION FOR LENDERS

ASSIGNMENT FOR BENEFIT OF CREDITORS

PUBLICATION OF NEW AND EXPECTED CFPB FINAL DEBT COLLECTION RULES IN OCTOBER 2020

UPDATE ON MICHIGAN AND INDIANA – ANSWER TO COMPLAINT AND DEFAULT ENTRY DEADLINES

UPDATE ON OHIO DEBTOR COLLECTION PRACTICES – REQUIRED NOTICE TO DEBTORS FOR COLLECTION OF DEBTS INVOLVING RESIDENTIAL REAL ESTATE AS COLLATERAL

PANDEMIC EVENT ENDORSEMENTS – CAN COVERAGE BE TRIGGERED?

CHAPTER 11 BANKRUPTCY – SMALL BUSINESS REORGANIZATION ACT – SUBCHAPTER V

COVID-19 EVICTION AND FORECLOSURE MORATORIUMS

RESPONSE OF MICHIGAN COURTS TO COVID-19 PANDEMIC – CAN CIVIL LAWSUITS STILL BE COMMENCED AND PROSECUTED IN THESE UNCERTAIN TIMES?

SBA Paycheck Protection Program (PPP) Loans under the CARES Act

Remedies for United States Creditors In Ontario, Canada

The Advantage of Indiana Judgment Liens

Complying with the 2018 Amendment to the Michigan Marketable Record Title Act (MRTA) (2018 PA 572)

House Bill No. 4306: Michigan Legislature Enacts New Foreclosure Notice Requirements

Michigan Court Rules: Scope of Discovery Proportionality Considerations

Chapter 13 Bankruptcy Co-Debtor Stay

Creditor Considerations as New York Legislature Passes New Limits on Confessions of Judgment

Simon PLC Attorneys & Counselors – September 2019 Memorandum Mortgage Servicing Rules: Small Servicer Exemption Considerations

Simon PLC Attorneys & Counselors Receivership Case Studies

Simon PLC Attorneys & Counselors Winners of TMA 2019 “Small Company Transaction of the Year”