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Tag: Michigan Court of Appeals

Michael Hayes

Court of Appeals: Bank’s Mortgage Ineffective Against Resident With Unrecorded Land Contract

May 29, 2012 - by Michael Hayes

In a recent case, Powell v Romano, the Michigan Court of Appeals ruled that a bank’s mortgage was not valid against a party living on land under a land contract. …

Court of Appeals: Bank’s Mortgage Ineffective Against Resident With Unrecorded Land Contract Read More
Michael Hayes

Michigan Supreme Court To Determine Whether Four or Six Year Statute of Limitations Applies to Open Account

May 15, 2012 - by Michael Hayes

The Michigan Supreme Court decided to grant leave to appeal to hear whether the four-year limitations of the Uniform Commercial Code, or Michigan’s general six-year limitations period applies to collections …

Michigan Supreme Court To Determine Whether Four or Six Year Statute of Limitations Applies to Open Account Read More
Uncategorized

Court of Appeals: One Action Rule Sometimes Prevents Collection on Guaranty

May 2, 2012May 1, 2012 - by Michael Hayes - 1 Comment

Under Michigan law, the one-action rule prohibits mortgage holders from collecting in multiple ways. Under the rule, a mortgagee who forecloses on property may not file another action or proceeding …

Court of Appeals: One Action Rule Sometimes Prevents Collection on Guaranty Read More
Uncategorized

Michigan Court of Appeals: Use Arbitration Agreements In Every Agreement

April 23, 2012April 20, 2012 - by Michael Hayes

Arbitration agreements are generally favored under Michigan law. Court systems favor arbitration because it helps ration scarce judicial resources and is usually less expensive for the parties. In Cohen v …

Michigan Court of Appeals: Use Arbitration Agreements In Every Agreement Read More
Uncategorized

Fast Food Wars: A Fight Over “Hamburger Products”

April 18, 2012April 16, 2012 - by Michael Hayes

This is another case highlighting the importance of careful contract drafting. In Hobwen, Inc v Sisbro Management, LLC, the owner of a Wendy’s restaurant sued the defendant, who planned to …

Fast Food Wars: A Fight Over “Hamburger Products” Read More
Attorney / Michael Hayes / Uncategorized

“Termination” or “Non-Renewal”: The Importance of Clarity in Contract Drafting

March 20, 2012March 20, 2012 - by Michael Hayes

Clear and accurate contract drafting is critical. Careful drafting helps express the true intent of the parties, makes performance of the contract easier, and leads to fewer lawsuits. One simple …

“Termination” or “Non-Renewal”: The Importance of Clarity in Contract Drafting Read More
Attorney / Michael Hayes

Michigan Court of Appeals: Five-Foot Tall PVC Pipes Are Physical Improvements, Giving Priority to the Drilling Company’s Construction Lien

March 6, 2012 - by Michael Hayes

One of the more technical areas of real estate law concerns liens. The most common lien that people are familiar with is home mortgages.  Mortgages give lenders the right to …

Michigan Court of Appeals: Five-Foot Tall PVC Pipes Are Physical Improvements, Giving Priority to the Drilling Company’s Construction Lien Read More
Attorney / Michael Hayes

Court of Appeals Upholds Ruling Requiring Judicial Permission To File A Lawsuit

February 29, 2012 - by Michael Hayes

The filing of frivolous lawsuits is widely considered a problem. Frivolous lawsuits cost a significant amount of money, expend scarce judicial resources, and erode the integrity of the judicial system. …

Court of Appeals Upholds Ruling Requiring Judicial Permission To File A Lawsuit Read More
Attorney / Litigation / Michael Hayes / Real Estate Law

Michigan Court of Appeals Orders Family to Tear Down Home

February 25, 2012 - by Michael Hayes

With the rise in planned unit developments, condominiums, and newer large-scale subdivisions, deed restrictions are increasingly common. In fact, nearly 60 million people live in homes governed by deed restrictions. …

Michigan Court of Appeals Orders Family to Tear Down Home Read More
Michael Hayes

Beware of Improper Approval of Contract When Dealing With A Municipality

February 20, 2012 - by Michael Hayes

When contracting with a municipality, it is critical that the non-municipal party complete its due diligence. Although the law generally provides a number of rules to help parties harmed by …

Beware of Improper Approval of Contract When Dealing With A Municipality Read More

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