FIRE! (FIRREA) – U.S. Government Holds BoA Liable for Fraud Under “Seldom Used” Law

A federal jury on found Bank of America liable under FIRREA for a fraud the government said its Countrywide unit orchestrated, originating shoddy home loans in a process called “Hustle” that were then sold to Fannie Mae and Freddie Mac. The  story is reported in Reuters: http://www.insurancejournal.com/news/national/2013/10/29/309529.htm    the Financial Institution Reform, Recovery and Enforcement Act “FIRREA” wasContinue reading “FIRE! (FIRREA) – U.S. Government Holds BoA Liable for Fraud Under “Seldom Used” Law”

Man Creates Incomplete $200 Million Estate Plan and Dies Before Signing – Son Files Lawsuit

This post came out from the American Bar Association’s Journal.  Concerning Henry Faison, a North Carolina Real estate developer.  You can See the Article here:   http://www.abajournal.com/news/article/man_implements_200m_estate_plan_but_dies_before_signing_will_heirs_file_unj/   Also see the original article in the Charlotte Observer: http://www.charlotteobserver.com/2013/10/22/4405189/sons-of-late-developer-henry-faison.html#.UmrbSvmko8N   It appears he engaged a law firm to set up a charitable foundation (named after his dog) to minimizeContinue reading “Man Creates Incomplete $200 Million Estate Plan and Dies Before Signing – Son Files Lawsuit”

Michigan Law Update: Senate Bill 626 – Marijuana Not a Crime?

  An interesting Bill has been proposed in the State Senate – it would decriminalize possession of  1 oz or less of Marijuana, See the Bill Text here: http://www.legislature.mi.gov/documents/2013-2014/billintroduced/Senate/pdf/2013-SIB-0626.pdf. It was referred to the Senate Judiciary Committee on October 16th.   According to the Bill, an individual found in possession of less than an ounce ofContinue reading “Michigan Law Update: Senate Bill 626 – Marijuana Not a Crime?”

DOJ is Up and Running – AG Holder Welcomes Back Employees

The Department of Justice Website (up and running again) posted Attorney General Eric Holder’s welcome back to the federal employees who were temporarily laid off due to the government shutdown. See the DOJ’s website here: http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-131017.html   See the Memo Sent from AG’s office here: http://www.justice.gov/employees/ag-message-10172013.pdf   I am sure we all hope that as we near JanuaryContinue reading “DOJ is Up and Running – AG Holder Welcomes Back Employees”

Business Contracts: Should your Business Contract Include an Arbitration Clause?

A construction client of mine found itself faced with a lawsuit. However, its Contract specifically provided that any dispute would be settled by binding arbitration. Good, idea, or not? It depends. Generally, there are real benefits to arbitration, the two big benefits are related to cost and time.  Arbitration is typically much more cost-effective thanContinue reading “Business Contracts: Should your Business Contract Include an Arbitration Clause?”

The Justice System and Government Shutdown

I was in Federal District Court last week. The talk of government shutdown permeated the courthouse- from the Court officers screening me through the security, to the judge on the bench. Later that week I called into the U.S. Attorney’s Office in GR- no answer. I get Into the voicemail of a U.S. Attorney forContinue reading “The Justice System and Government Shutdown”

Real Property Law Update: Proposed Michigan Bills – “Adverse Possession” and “Landlord Rights”

Two House Bills have been introduced  affecting real property in Michigan – House Bill 5057 revising the adverse possession statutes and House Bill 5069 which revises the unlawful interference with a possessory interest statute (MCL 600.2918) and provides landlords additional rights to remove a wrongful trespasser.     HB 5057 “Slight Revisions” To Adverse PossessionContinue reading “Real Property Law Update: Proposed Michigan Bills – “Adverse Possession” and “Landlord Rights””

Real Estate Litigation: The Extraordinary Remedy of an Injunction

I was recently in court over a real estate dispute between two neighbors – My client’s  neighbor had blockaded off my client’s access to his Property.  There was a dispute over who owned the property at issue – see my article regarding adverse possession: https://jeshualaukalegalnews.wordpress.com/2013/06/26/squatters-rights-how-easy-is-it-to-acquire-property-by-adverse-possession/   My client posed a fundamental question to me:  How doContinue reading “Real Estate Litigation: The Extraordinary Remedy of an Injunction”