Commercial property owners wishing to obtain financing will likely be required by their lender to sign a document generically referred to as an “assignment of rents and leases” as additional security for repayment of the loan. In the even…
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A family cottage can be a gathering place that brings loved ones together generations to come. Unfortunately, without a proper succession plan, disputes over ownership and operation can lead to litigation among the family. Consider the example of a c…
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Retaining a principal residence exemption (“PRE”) can sometimes be tricky. (The PRE exempts a homeowner’s principal residence from property taxes levied for school operating expenses.) Naturally, the tax assessor wants to collect every tax doll…
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Recently, frantic ads have warned that thieves can record forged documents to steal title to your home. While title theft insurance companies claim to offer protection to homeowners, there are a few things to consider before purchasing a policy: A fo…
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In early spring of 2019, a home was damaged by fire, nearly a year after the homeowner’s death. The heirs submitted a claim under the homeowner’s policy, which had been issued in the name of the deceased. The insurance carrier denied the claim, c…
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In the 1960s, the owner of lakefront property sold two parcels that were not on the lakefront and granted a 20-foot-wide easement across his lakefront parcel “for access to [the] Lake.” The owners of the “back lots” installed a dock w…
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A few weeks ago, I used this forum to write about the importance of purchase agreements in every real estate transaction. This time I want to address title insurance. With each real estate deal, sellers need to make sure they own what they’re selli…
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Because it sets forth the terms of sale and the relative rights and obligations of the parties, the purchase agreement remains the single most important document in any real estate transaction – residential or commercial. While not all purchase agr…
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There’s an old proverb, “Let the buyer beware.” A recent opinion issued by the Michigan Court of Appeals (Galvan v Poon, Mich App No. 76047, August 19, 2021), however, has turned this time-honored legal principle a bit on its head. In Michigan,…
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How title to real estate is held between owners and the legal consequences of that ownership are common areas of misunderstanding that we work through with clients. There are situations where a property owner believes they know what form of ownership…
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