Posts in Commercial Loans.

Implementing these New Year resolutions could help save you and your business time, liability and money.

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Usury savings clauses may no longer protect Michigan lenders from enforcement challenges if their loans contain facially usurious interest rates.

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Michigan Court of Appeals clarifies mortgagor’s right of property redemption, regardless of the manner of foreclosure used.

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Implied duties pertaining to contractual performance should not be misconstrued to allow for challenges to a contact’s fairness.

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Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds.

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Creditors must closely scrutinize Chapter 13 cases to understand what debts are being discharged and to update business records to ensure discharged debts are not pursued post-bankruptcy. 

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https://www.ftc.gov/system/files/documents/statutes/fair-credit-reporting-act/545a_fair-credit-reporting-act-0918.pdfCourt rules that bank, which accepted a borrower's voluntary payments post-bankruptcy and opted not to foreclose its security interest in the mortgage, did not violate the FCRA by reporting the loan as closed on the borrower's credit report.

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Appellate court rules on whether lender can sue to enforce other security in a loan default situation without also foreclosing on the borrower's mortgage.

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