Posts in Commercial Real Estate.

As the COVID-19 pandemic rages, Michigan’s real estate industry braces for a potential wave of foreclosures and evictions.

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Applying lessons learned from the 2008 economic crash, mortgagees may want to consider challenging property tax assessments during pandemic crisis to protect the value of their collateral.

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Under Michigan law, landlords may be able to recover future damages after a tenant vacates leased premises, even if the lease does not include an acceleration clause.

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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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Proper documentation of personal property sales the best defense to a claim of conversion

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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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Integration clauses cannot typically be used to defend against fraud in the inducement claims to invalidate a contract.

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The use of clear and simple terms to describe a tenant’s repair and maintenance obligations in a commercial real estate lease can do wonders to avoid misunderstandings and disputes.

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Unanticipated expenses or losses might be avoided by a pre-execution review of a commercial lease by a business litigation attorney.

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