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.

Key Factors to Consider When Selecting a Lawyer

1. Do they offer a free consultation? Many lawyers will not charge for an initial consultation. Make an appointment to explain
your issue and see if you feel comfortable with the lawyer or lawyers you’ll be working with. A good connection is crucial for success. Ask potential lawyers questions to determine your compatibility.

2. What does the lawyer charge per hour, and how do they handle fees? How big is the firm? Will other lawyers be working on your case? What does the firms staffing situation look like? Can other employees work on your file at a discounted rate, saving you money?

3. What are your expectations? Make sure you discuss your expectations with your attorney so you can avoid any miscommunication. Ask if they have time to take on your case immediately and if they have time to devote to it. How much communication are you expecting to receive from your lawyer? Is your case civil, where frequent contact is required? Do you prefer phone calls or emails? You and your lawyer should have a mutual understanding of what communication will look like throughout your case.

4. Ask questions. Lawyers understand making this choice is significant, financially and often emotionally. They should be willing to work with you to help meet your needs and determine what actions will lead to a positive outcome.

Learn more about things you should consider when choosing a lawyer here.

Get Started Today: Schedule Your Consultation!

For more information or to speak with us about your legal issue, please contact our attorneys 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.

What to Consider when Choosing a Lawyer

Choosing the right lawyer for your situation and needs is extremely important. You may be asking yourself, “What kinds of things should I consider?”

Whether you’re looking for help dealing with a legal issue, estate planning, going through a divorce or starting a business, here are some key factors to consider when selecting a lawyer:

1.     Location- One of the first things to consider is location. Where is the firm’s located?

2.     Do your research! Go online. Talk to your friends and neighbors and ask who they’d recommend. Most people have to interact with the law at one time or another so maybe they have a recommendation. Ask people in your area who they’ve used and liked. Look at ratings on Google. Reputation matters!

3.     Look for areas of law or specialty. Lawyers usually have a primary area of focus like estate planning, civil litigation, and domestic relations matters. Ensure you retain an attorney who understands your situation's legal process and is an expert in that particular area of law. 

4.     Short-term or Long term representation – Do you need a lawyer on retainer? Do you have a short-term lawsuit? You need to determine whether you need continuing or short-term representation. Drafting documents involves a few interactions with a lawyer, whereas a civil suit can require years of contact.

Learn more about things you should consider when choosing a lawyer here.

Get Started Today: Schedule Your Consultation!

For more information or to speak with us about your legal issue, please contact our attorneys 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.

What You Need to Know About Mortgage Foreclosure Sales

A mortgage document contains a power of sale clause that has become operative by reason of a default in the condition of the mortgage. The mortgage company hires a debt collector to manage the process by notifying the mortgagee, arranging for the property to be sold through the county Sheriff’s office where the property is located, and post the appropriate auction sale notices on the property, and for publication in the legal newspaper of that county. The Sheriff's office will conduct the sale through an auction where bids are placed starting with a minimum bid of the amount due on the mortgage. Ultimately, the property will be sold to the highest bidder. 

Learn more about mortgage foreclosure sales 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 

The State of Michigan Provides Rental Assistance Program

For over a year, the federal and state government, put in place moratoriums on evictions to help blunt the impact of the Covid pandemic. These moratoriums, along with aid to renters and other Covid assistance, helped prevent a repeat of the mass of foreclosures and evictions that marked the Great Recession. Even though millions of people were laid off en masse during the pandemic, these steps held off the feared explosion in evictions. Now that the moratoriums have ended and aid programs have run their course, bills are coming due. 

Need federal assistance? Learn more here!

Get Started Today: Schedule Your Consultation!

If you’re facing eviction after moratoriums ending, there’s financial assistance available to you. Contact our real estate attorneys in Ann Arbor to answer your questions. 734-665-4441 

Facing Eviction? Get Federal Assistance!

In March of 2021, the Michigan State Housing Development Authority (MSHDA), using Covid relief funds from the federal government, created the Covid Emergency Rental Assistance (CERA) Program. This program is run through local non-profit organizations, and provides rental assistance for up to 15 months.

The basic requirements for the CERA program are straightforward: 

1. A tenant must make less than 80% of the area median income
2. Must have suffered a financial hardship as a result of Covid,
3. Must be at risk of homelessness or housing instability. 

If a tenant is approved, they can receive rental assistance for up to 15 months, with the amount per month being their monthly rent, capped at 150% of the fair market rent for the area, as determined by the U.S. Department of Housing and Urban Development. 

Learn more here!

Get Started Today: Schedule Your Consultation!

If you’re facing eviction after moratoriums ending, there’s financial assistance available to you. Contact our real estate attorneys in Ann Arbor to answer your questions. 734-665-4441 

Is Mortgage Relief Available?

Are you struggling to pay your mortgage?

There may be some relief available!

Upon a simple affirmation that the borrower is experiencing a financial hardship due, directly or indirectly, to the Covid-19 emergency, and submitting a request to the loan servicer, the borrower may obtain a forbearance without a fee or penalty.  Section 4022(b)(1).  In fact, the statute states that the servicer “shall,” with no additional documentation and with no fees or penalties, provide the forbearance.  Section 4022(c)(1).  As such, it is a broad order that allows many borrowers to obtain a loan forbearance.  The period of the forbearance is 180 days, which may be extended upon the borrower’s timely request for an additional 180 days.  Section 4022(b)(2).  This forbearance is available even if the loan had been delinquent.  The borrower can also shorten the forbearance period upon request.

In a typical forbearance, a borrower would not have to pay principal and interest payments on a loan.  The legislation states that during the forbearance period, no other fees, penalties, or interest shall accrue other than what would otherwise apply.  Section 4022(b)(3).  The legislation, however, provides no further details about the forbearance.  Congress may pass clarifying legislation or Fannie and Freddie may issue guidelines for servicers regarding the forbearance details.

Nevertheless, a forbearance does not reduce or forgive the principal owed, and interest would typically continue to accrue at the loan rate.  Moreover, a forbearance would not typically excuse payment of taxes or insurance, so if those are included in a monthly payment which is made to an escrow account, the borrower should consider continuing to make that portion of the monthly payment.

Have Questions About Your Mortgage?

If you have questions about your rights under the federal stimulus legislation, or need advice about negotiating the terms of your lease, please contact a real estate lawyer in Ann Arbor at PSED. 734-665-4441

Does Your Mortgage Qualify?

Many mortgage borrowers can obtain a “forbearance,” which is a limited delay in their obligation to re-pay the mortgage loan.  This forbearance is only available, however, to borrowers whose mortgages that have had some reliance on the Federal government in their creation or processing.  These mortgages, defined as “Federally backed mortgage loans,”
include mortgages purchased or securitized by the Federal Home Loan Mortgage Corporation (Fannie Mae) or the Federal National Mortgage Association (Freddie Mac).  The term also includes mortgages insured 1) by the Federal Housing Administration, 2) under the National Housing Act, 3) by the Department of Veterans Affairs or the Department of Agriculture; or mortgages made 4) under the Housing and Community Development Act or 5) by the Department of Agriculture.

Learn more here!

Have Questions About Your Mortgage?

If you have questions about your rights under the federal stimulus legislation, or need advice about negotiating the terms of your lease, please contact a real estate lawyer in Ann Arbor at PSED. 734-665-4441

Get Your Affairs in Order Now!

As an estate planning attorney, I often get phone calls around the New Year when people make resolutions to get their affairs in order. Phone calls also increase when a tragedy strikes. For example, when Kobe Bryant died people started to realize the fragility of life. As each day passes and we settle more and more into our nest aka our homes, the need to get our affairs in order feels very real.

I often say that parents do a lot for their child during their lifetimes. The last gift that we give to them is to make sure everything we leave behind is in order.

Getting your affairs in order involves preparing for your death by signing a Last Will and Testament or a Revocable Trust and making sure your assets and beneficiaries are titled correctly. It also involves preparing for your incapacity by signing Financial and Health Powers of Attorney.

Get Started Today: Schedule Your Consultation!

If you would like to learn more, contact Marty Bodnar, an estate planning attorney at PSED today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

Property Owners Beware! One Year Left to Preserve “Older” Property Interests

Last year, the Legislature amended the 40 Year Marketable Title Act (the Act), and created a two year window during which holders of “older” property interests could preserve those interests by recording a notice of those interests with the Register of Deeds.  That window ends March 29, 2021, leaving about one year left to record such a notice.

By way of background, the purpose of the Act is to simplify and facilitate land title transactions by creating a statutory basis for “marketable title.”  The Act accomplishes this by extinguishing by operation of law certain interests which arise out of any act or document that precedes the applicable 40 year period. The recent amendment provides an opportunity for people benefiting from these “older” interests to preserve them by recording the notice; otherwise, they may well be extinguished by operation of the Act.

Get Started Today: Schedule Your Consultation!

If you would like to learn more, contact Scott Munzel, a real estate lawyer at PSED today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

Property Owners Beware- One Year Left to Preserve “Older” Property Interests Following an Amendment to 40 Year Marketable Title Act

Last year, the Legislature amended the 40 Year Marketable Title Act (the Act), and created a two year window during which holders of “older” property interests could preserve those interests by recording a notice of those interests with the Register of Deeds.  That window ends March 29, 2021, leaving about one year left to record such a notice.  

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more, contact Scott Munzel a real estate lawyer at PSED today! Schedule an initial consultation. 734-665-4441