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Detroit Insurance Defense, Business and Commercial Law Blog

Settlement near in action against major home lenders

According to data from Bloomberg, five major banks accused of processing faulty loans and foreclosures reported close to $7 billion in costs during the second half of 2011. Costs associated with these issues are said to have surpassed $72 billion overall, and Detroit based Bank of America accounted for a whopping $41.8 billion of the overall total.

The lenders are reportedly negotiating a massive settlement to conclude all of the investigations and potential business litigation pending in the offices of each state attorney general, with the future possibility of including smaller banks in the agreement as well. Some states appear to be holding out for terms that would provide for the possibility of bringing further litigation against the lenders at a future time.

Vacant commercial real estate building discussed in Macomb County

The Macomb County Board of Commissioners decided to take no action when deciding the fate of a vacant commercial real estate building. Located next to the Macomb County Administration Building in downtown Mount Clemens, Michigan, the building was acquired by the government several years ago. The initial purpose of the purchase was to expand the county administration building's parking lot. However, the building was later leased to a company that operated a nightclub.

When the business closed down, the commercial real estate building began to attract intruders and was said to have become somewhat of a nuisance to the county. The Macomb County executive is urging the Board of Commissioners to put the property up for sale or tear it down. . Both options appear to be viable and the county's recommendations have been taken under advisement.

Michigan-based debt collector agrees to penalty

In a business litigation lawsuit, Asset Acceptance LLC has agreed to a $2.5 million civil penalty and to make changes in their organization that will protect consumers. Michigan-based Asset Acceptance is one of the largest purchasers of old debts in the United States and was accused of improper activity when attempting to collect on those debts. The government alleges that the company collected on "zombie" debts without letting customers know that they were not actually enforceable by law. The business practices settlement requires that Asset adopt new business practices to include proper protection for customers in addition to investigating customer debt disputes.

When the customer agreed to pay or even made a promise to pay the debts, they may have unwittingly reset the clock on the statute of limitations on their debt. The government also alleges that Asset did not investigate people's claims that they didn't owe the debt or were the victim of identity theft as well as consumer claims that the debt had already been paid. Asset is also accused of reporting negative information to credit bureaus about consumers even with the knowledge that a debtor had not received a notice of fact. Consumers sometimes only learned that Asset had reported them when they applied for a loan.

General Motors CEO testifies before Congress about Volt safety

Questions surrounding the safety and effectiveness of the Chevrolet Volt led to the General Motors CEO testifying in front of Congress. He answered several rounds of questions during his testimony. The majority of the hearing was related to a fire that occurred in a Volt during testing over the summer. The same concerns that prompted the hearing may lead to possible business law and business litigation concerns for GM in Detroit and elsewhere.

General Motors has also been accused of receiving special treatment because it is partially owned by the government. When asked whether or not the National Highway Traffic Safety Administration (NHTSA) gave the Volt a "free ride" when it did not disclose the fire until more than five months later, the executive plainly stated that it was not the case.

Michigan grad student says support of unions led to her dismissal

Support of efforts to unionize graduate research students allegedly led to the dismissal of a University of Michigan graduate student. The woman told local newspapers that she feels the need to protect the university's research assistants. According to the woman, her support of the union for graduate students ultimately led to losing her research funding and being discharged from her academic program. She claims it was a wrongful discharge.

A school spokesperson confirmed that the issue was an academic one, and that the school would not be publicly commenting. However, he did state that certain claims made by the union are untrue. The woman worked as a research assistant in the College of Engineering until her dismissal.

Redevelopment project helps revitalize downtown Detroit

There has been a serious effort made by Detroit business leaders and developers to bring prominence and commerce back to their city. Many projects have been launched in an attempt to make Detroit one of America's great cities once again. The historic Broderick Tower is receiving a significant renovation, making it the city's newest piece of residential real estate. This improvement is generating a lot of interest and optimism.

For several years the Broderick Tower has been essentially empty. A Detroit developer saw tremendous potential in this downtown property, so he took all the necessary legal steps to get the project started. After the initiative is completed, a total of $53 million will be reinvested in the building, making it prime real estate.

New Year brings stricter anti-fraud laws for businesses, notaries

As a 2012 resolution, businesses and notaries across the state of Michigan may want to consider reviewing a new package of laws that could cause big legal problems if they are not followed. The National Notary Association says the eight new state laws, which became effective on the first of the year, establish harsh legal consequences for illegal notarizations in mortgage lending.

The new laws were created in response to an increase in real estate fraud and forged documents amidst the robo-signing crisis that occurred across the state and country. The regulations put the pressure on Michigan businesses that want to avoid costly litigation and other legal repercussions.

Detroit dental office faces discrimination lawsuit from ex-employee

In an ongoing situation, the Detroit office of Great Expressions Dental Centers is facing allegations from a former employee that he was subjected to discrimination and treated unfairly because he is HIV positive.

After investigating the situation and the employment law it pertains to, the Equal Employment Opportunity Commission is allowing the former employee to sue. However, Great Expressions has filed a counter-suit, hoping for a dismissal.

Sears Holdings Corp. may sell real estate after Kmart closings

For many businesses, dealing with real estate transactions is a part of everyday business. Companies that own retail stores are often seeking new property to purchase in order to expand their business.

But for a number of different reasons, some companies may need to sell property as well. This process is rarely simple and involves many steps that can include negotiations, drafting contracts and researching different aspects of the transaction. Sears Holding Corp. may soon be handling a number of real estate transactions after announcing the closings of nearly 120 Sears and Kmart stores.

Lawsuit says former Metro Airport CEO's contract was illegal

Metro Airport hired a new CEO in August of this year. After less than two months on the job, however, she was let go. According to reports, her firing may have been related to her controversial severance payment from a Wayne County government position.

The former CEO's employment contract stipulated that if she was wrongfully fired, she would receive more than $700,000 -- or the amount she would have made in three years -- in severance. Metro Airport's board said it had a reason for firing her but so far has not said what it was. Earlier this week, however, a labor activist filed a lawsuit saying the former CEO's contract was illegal, and she should not be given any severance pay.

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