Real Estate Attorneys Help Fight Fraudulent Deed Scams in Michigan

Are you victim of a fake deed scam? Our real estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. stand ready to help you.

When recording deeds in Michigan, MCL 565.201 provides the register of deeds with recording provisions (e.g. margin size, paper size, color of ink, notary requirement, font size, page size, address information, drafting information, etc.).  Michigan statutes don’t require any register of deeds to be an arbiter of fact. MCL 556.201 specifically provides that “[a]n instrument that complies with the provisions of the act and any other act relating to the recording of instruments shall not be rejected for recording because of the content of the instrument.”  Consequently, it is not a duty of the register of deeds to compare signatures or confirm/verify the notary information or signature. Even though MCL 565.201 requires that certain provisions be met including that deeds are notarized, and the sole purpose of a notary is to prevent fraud, it’s no different than any other statute. It can be violated by fraudulent actions.

 

Fraudulent deeds can only be handled and resolved by a court order which can take several months and be costly for the property owner to re-gain its lawful title.  Usually there’s not coverage available through a homeowner’s insurance policy that applies to this type of fraud.

Learn more about what you should do if you’re the victim of a fake deed scam here.

Get Started Today: Schedule Your Consultation!

It can be very complicated and tricky if you don’t know how to navigate these types of situations. Our competent Real Estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, PC, can help you understand this process and file your case. 734-665-4441 

What You Should Do if You’re the Victim of a Fraudulent Deed Scam in Michigan

In recent news, a nefarious company attempted to foreclose on Elvis Presley's former Graceland home in Memphis, Tennessee. The fraudulent investment and private lending company claimed that Lisa Marie Presley, Elvis’s only daughter, used Graceland as collateral to borrow money and failed to repay the loan. The fraudulent company forged her signature on legal documents, and eventually claimed the title to Graceland.  After filing suit alleging fraud, the court halted the foreclosure, but not all attempts to defraud a landowner are as easily noticed and litigated.

These cases are not unique to only the rich and famous; it can, and does occur in communities such as Washtenaw County. Information about family members can be easily accessible online, especially when sources of personal information such as obituaries are published.

Fraudulent deeds can only be handled and resolved by a court order which can take several months and be costly for the property owner to re-gain its lawful title.  Usually there’s not coverage available through a homeowner’s insurance policy that applies to this type of fraud.

 

Learn more about what you should do if you’re the victim of a fake deed scam here.

 

Washtenaw County does have a monitoring program, with information available here: https://ssclerk.ewashtenaw.org/web/fraudGuard/disclaimerPage.  If you’re a victim of a fake deed, real estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. are experienced in recovering real estate to the rightful owners using handwriting experts and other evidentiary means to prove ownership.

Navigating a Name Change Hearing in Michigan

The name change process in Michigan involves a court hearing. Here's what you can expect:

• Publication Notice: A notice of your name change will be published in a local newspaper.
• The Hearing: The judge will ask about your reasons for changing your name (not for fraudulent purposes).
• Minors Require Parental Consent: If you're changing a minor's name, permission from both parents is mandatory.

For expert guidance throughout the process, consider contacting a qualified attorney. They can help ensure a smooth transition and answer any questions you may have.

Learn more regarding changing your name in Michigan here.

Get Started Today: Schedule Your Consultation!

If you have questions or want more information and expert guidance, contact Steven Tramontin, criminal defense and family law attorney. He’ll make sure you know what to expect when it comes to changing your name.

Considering a Name Change in Michigan? Here's What You Need to Know

Thinking about changing your name? You're not alone. Many people choose a new name for various reasons, from personal preference to reflecting a new identity after a life change.

In Michigan, the process typically takes 4-6 months and varies slightly depending on your county. Here's a quick overview:

• It's a Multi-Step Process: Expect fees, filing a petition with the court, a background check, a hearing, and fingerprinting.
• Court Approval is Needed: A judge ensures your name change isn't fraudulent (avoiding debts or criminal history).
• Birth Certificate Update: Legal name change doesn't update your birth certificate. A separate application to Michigan DHHS is required.

Learn more regarding changing your name in Michigan here.

Stay tuned for our next post where we'll delve deeper into the specifics of the court process and what to expect at the hearing.

Get Started Today: Schedule Your Consultation!

If you have questions or want more information and expert guidance, contact Steven Tramontin, criminal defense and family law attorney. He’ll make sure you know what to expect when it comes to changing your name.

Michigan Builders Trust Fund Act: Protecting Subcontractors and Material Suppliers

Are you treating funds paid to you by the owner for the products and services provided under the construction contracts for the project as trust funds? In Michigan, private construction contracts are governed by the Michigan Builders Trust Fund Act (MBTFA). This Act was passed in 1931 as a depression-era measure to afford additional protection to subcontractors and materialmen by outlawing contractors from juggling funds between unrelated projects. 

o   The current statute states that money paid for a construction project “shall be considered by this act to be a trust fund, for the benefit of the person making the payment, contractors, laborers, subcontractors, or materialmen.”    

o   The courts have ruled that a trust is also imposed as to anticipated future costs of a particular project.

o    Under the MBTFA, appropriation (i.e., use) by the contractor of money received before using those funds for the project and “payment by him of all moneys due or so to become due laborers, subcontractors, materialmen or others entitled to payment” is evidence of intent to defraud.

o   Corporate employees or officials can be criminally or civilly liable under the MBTFA for their personal participation in the violation of the Act. 

Learn more about understanding the rights of general contractors here.

Get Started Today: Schedule Your Consultation!

 

For more information or to speak to a construction lawyer in Ann Arbor, Michigan, please contact Matthew Jane at 734-665-4441 or fill out our contact form.

Understanding the Rights of General Contractors and Subcontractors in Michigan

In today’s challenging and competitive economy, it’s more important than ever that general contractors and subcontractors know and understand their rights and responsibilities to ensure successful projects. The following are issues that any successful general contractor and subcontractor should review:

·    What’s the structure of your company (corporation or limited liability company) and are the appropriate governing documents prepared and/or updated, such as operating agreements and by-laws?

·      Have you filed yearly annual reports with the State of Michigan and designated a registered agent with the State?

·     Are you and your company appropriately licensed? For residential builders, the company must be licensed through a qualifying officer. 

·      For residential projects, are you performing the work of a written contract with the homeowner that clearly describes the scope of work and price that also contains your residential builders license number and certain other language required by the Michigan Construction Lien Act? 

·      If you don’t have a direct contract with the project owner, are you providing the owner with a notice of furnishing within 20 days of commencing work to protect your lien rights?

Learn more about understanding the rights of general contractors here.

Get Started Today: Schedule Your Consultation!

 

For more information or to speak to a construction lawyer in Ann Arbor, Michigan, please contact Matthew Jane at 734-665-4441 or fill out our contact form.

Can I Get My Points Reduced?

If you happen to get a ticket in a jurisdiction that doesn’t have a program to allow you to have your charge converted to a non-moving violation, you can still request an informal hearing on the citation. Police officers are often willing to negotiate a lesser citation at a hearing. Don’t be afraid to ask. 

If none of the above work, you may have an additional avenue to have points reduced. If you qualify, the Michigan Secretary of State will notify you in writing that you can take the Michigan Basic Driver Improvement Course. To be eligible, you must have fewer than two points on your license, not have been operating a commercial motor vehicle, and must have been cited for an eligible offense. If you qualify, you’ll receive a letter in the mail.

Learn more about point mitigation in Michigan here.

Get Started Today: Schedule Your Consultation!

 

For more information or to speak with us about your moving violation in Michigan, please contact our criminal defense attorney in Ann Arbor at 734-665-4441. To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit learn more about us here.