Learn

Free Property Fraud Alerts

Property fraud alerts notify you when a document is recorded in your local Register of Deeds office that matches your name. Do you need to sign up for this free service?  YES!

Think of it as an early warning system that can protect you from real estate or mortgage fraud. Lenawee County has signed up 1,150 residents for property fraud alerts. In the first 10 months, 408 notifications went out to the enrollees. 

In the last couple of years there has been an uptick in seller impersonation. A simple search of property tax records can identify the owner of any property. Fraudsters will create the persona that they are the owner of a property.  If real estate is ‘sold by owner’ and is a cash deal, your property can be fraudulently sold. The unsuspecting buyer will not have good title, but your title will be flawed. If you are aware of the fraud, your title company can usually resolve the issue. 

Vacant land, second homes and rental properties are likely targets because the owners are typically offsite.To be safe, sign up for property fraud alerts on every property you own. Many counties in Michigan offer the free service as do many states around the country.

In a world with increasingly rampant fraud, it pays to protect yourself-just in case. 

Michigan Counties with Property Fraud Alert Service

States with Property Fraud Alerts

 

Posted in Identity Theft, Personal Protection, Uncategorized | Tagged |

Bankruptcy: How it Works

Bankruptcy is a federal court process designed to help you either eliminate your debts or begin to repay them under court supervision. Declaring bankruptcy provides an opportunity to get a fresh financial start when you are struggling with an overwhelming amount of bills.

The most common type of personal bankruptcy is called Chapter 7 and the process can take 4-6 months to complete. The first step is to file a petition for bankruptcy. Once creditors are made aware that you have filed, they must immediately cease all collection efforts. The courts will mail them a notice of your petition. You can also contact your creditors directly and provide them with your case number.

A month or more after filing your bankruptcy petition you are required to attend a Federal Court hearing. Unless a creditor or a United States Trustee objects, you will only make one court appearance. These appearances can now be done by Zoom.

A bankruptcy will be listed on your credit report and there are costs to file. The ability to get credit again soon is limited but generally, within two years your credit score can improve dramatically.

Filing for personal bankruptcy can be a difficult decision to make, but it can be the right one for people struggling with burdensome debt. 

Posted in Bankruptcy | Tagged |

Michigan Car Seat Law Updates

Michigan recently updated car seat laws to keep our children in the safest possible conditions. Vehicle crashes remain the #1 cause of death for young children

New regulations
     All children under 2 yrs. must be in a rear-facing car seat.
     Forward-facing harnessed seats are required for ages 2-5 yrs.
     Booster seats are mandatory until children are 4ft. 9 in. or 8 yrs.
     Children must sit in the backseat between the ages of 8-13
     Seat belts are mandatory for passengers ages 8-15 regardless of where they sit.

Learn more here

Posted in Personal Protection | Tagged |

Boater Safety

Before you set sail on a Michigan lake or waterway, take a minute to review these boater safety laws.

  • Drinking on the water is legal 
  • Operating a boat while drunk is illegal (BAC of .08 or higher)
  • Law enforcement officers may board a boat if laws are being violated
  • Boat drivers on Michigan waters have automatically consented to
    testing for alcohol or drugs if arrested
  • Intoxicated boat drivers with passengers 16 or younger on board will
    be subject to additional penalties
  • Boats must have a lifejacket for each passenger
  • Children under 6 must wear a lifejacket
  • You can operate a boat without restrictions if you were born before
    July 1, 1996
  • You must have a boater safety certificate with you to operate a boat 
    over 6 horsepower if you are born after July 1, 1996

Learn more about Michigan boating regulations here.

Posted in Boater Safety, Michigan Law, Personal Protection | Tagged , |

Law Day

Known as the U.S. motto, E pluribus unum means ‘out of many one’. This year’s Law Day theme urges us to reflect on how our civic lives tie us together as one.  Whether through legislative efforts that serve the common good, through military service or by working together, every day we fulfill the promise that ‘We the people’ work as one to ‘form a more perfect union’.
Law Day is held annually on May 1st and was established by President Eisenhower in 1958. 

Posted in Law Day | Tagged , |

Credit Freeze

One of the perils of modern life is having your identity stolen. Last year 30% of Americans were victims of this crime. That’s up 9% from just two years earlier. Identity theft costs victims on average $10,000 or more.

To protect yourself from this crime, experts suggest freezing your credit. This is also known as a security freeze. When you freeze your credit, consumer credit agencies will not disclose your credit history to anyone. Without that credit file, lenders generally will not extend credit to you or anyone claiming to be you.

Should you want to allow access to your credit score, say for the purchase of a new car, you simply go online or call the company to have it lifted. The process does not affect your credit score and is provided free by the big three credit companies

You can freeze your credit report by calling each of the credit reporting agencies listed here. Each call takes less than 5 minutes.

Equifax 800. 349. 9960

Experian 888. 397. 3742

Trans Union 888. 909. 8872

An ounce of prevention could save you thousands of dollars and months of painstaking work to undo the damage to your credit.

Posted in Identity Theft, Personal Protection | Tagged |

Estate Planning 101

No matter how large or small, almost everyone has an estate. Your estate is everything you own, including cars, real estate, bank accounts, investments, personal possessions and life insurance.

Estate planning is planning for your assets in advance of your death. Think of it as your game plan. To complete your plan, there are several tools you might consider using; a will, a living trust, beneficiary deed, a power of attorney, or a medical directive.  

Estate plans may include several of these documents. They work together to see that your assets and wishes are fulfilled when you die. 

One of the best benefits of an estate plan is that you can manage it while you are alive. Make changes or amend your plan as needed should your situation change. 

The best way to get started on your estate plan is to consider your assets and the people you love. How do you want both cared for when you die? When you know that, the various legal estate planning tools can be created for your purposes.

The best time to start your estate planning is now. Regardless of your age or financial status estate planning should be a priority. 

 

Posted in Estate Planning | Tagged , , , , |

Bicycle Law

 

“You can’t buy happiness, but you can buy a bicycle and that’s pretty close.”

 

Michigan bicycle laws apply to both motorists and cyclists. The safety of everyone on the road is paramount. Take note of these rules of the road. Failure to abide by these rules can lead to serious license sanctions or even criminal prosecution.

 

  • Motorists must maintain a minimum of three feet when passing a bicyclist
  • Cyclists must use hand signals to indicate turns and stops
  • Bikes must have working brakes and be equipped with a white front light and red rear reflector or light when riding at night
  • Michigan’s new Vulnerable Roadway User Law adds additional protection for pedestrians, wheelchair users and cyclists injured by a motorist
  • Cyclists may not ride more than two abreast
  • Cyclist must ride as close as practicable to the edge of the road
  • Bikes may be ridden on sidewalks unless forbidden by a local ordinance
  • Helmets are not required, and cell phones may be used while riding
  • Cyclists have the same rights and responsibilities as motorists and are allowed to ride on all Michigan roads, except where explicitly prohibited.

    Learn more about Michigan bicycle laws here.
Posted in Bicycle Law | Tagged |

New Corporate Filing Rules

Recent enactment of the bipartisan Corporate Transparency Act comes with a new corporate filing requirement. Designed to curb illicit finance, companies doing business in the United States will report how they are owned or who controls them. That information must be sent to the Financial Crimes Enforcement Network (FinCEN).

Reporting companies created before January 1, 2024 have until January 1, 2025 to file their initial report with FinCEN. Companies created this year, 2024, have 90 days after receiving notice of their creation or registration to file their initial report with FinCEN.  Any companies created next year or in 2025 will have 30 days to file their report. 

Posted in Business | Tagged , |

Unclaimed Property   Is it yours?

Forgotten assets like dormant bank accounts, uncashed checks, valuables left in safe deposit boxes or unclaimed stock certificates are turned over to the state as required by law.

The Michigan Department of Treasury is the custodian of these assets and reunites them with their owners — or the owners’ heirs — when they are rightfully claimed.

Might you have a forgotten asset?  Nationwide it is estimated that nearly 1 in every 10 people have a rightful claim to a forgotten asset.  To find out go to Michigan’s Unclaimed Property website.

Individuals are encouraged to search their name, or a maiden name. The search is free. Businesses, corporations, nonprofits, public entities, and other organizations are also encouraged to use the site. Instructions on how to prepare and submit a request are provided.

Michigan’s treasury department reports returning more than $500 million in property claims in the last five years. New unclaimed properties are turned into the state every day, so even if you’ve searched in the past you may want to go treasure hunting again.

Posted in Unclaimed Property | Tagged , |

Essential Legal Documents for Young Adults

Once your child turns 18, they become a legal adult. As a parent you can no longer make medical, legal or financial decisions for them. A few simple legal documents will allow you to help your child in an emergency if needed.

Healthcare proxy
The proxy grants you legal authority to make healthcare decision on behalf of your child should they become incapacitated or unable to make their own decisions.

Durable Financial Power of Attorney
If needed, this would grant you the legal authority to manage your child’s financial affairs, such as paying rent, tuition or applying for loans.

FERPA Waiver
Parents of college students are not privy to academic reports, financial aid accounts or disciplinary records. To gain access your student needs to sign a FERPA waiver which can typically be done online.

Universal HIPAA Release Form
This gives written permission to legally access your child’s medical records. This form is not limited to a single provider. 
Posted in Beneficiary Designations, Personal Protection | Tagged |

Michigan’s New Distracted Driving Law

Make note, Michigan’s distracted driving law is being enforced. Violation of the new law can be ‘the primary or sole reason’ for a police officer to stop and issue you a citation.

The new law states it is illegal to use a hand-held cell phone or mobile electronic device to text, talk, watch videos, or go on social media while driving.

There is a hands-free exception. Phones or mobile electronic devices placed in a mount or used in hands-free or voice-operated mode may be used by drivers while driving.

Penalties for violation of the law include: a fine of $100-$250, 16-24 hours of community service, points on your driving record for repeat offenders, driving school for 3 or more violations in a 3-year period.

Teen drivers should take note. Michigan’s Kelsey’s Law, written in 2013, prohibits teen drivers with a Level 1 or Level 2 graduated license from using a cell phone while driving-regardless of whether it hand-held or voice-operated.

Michigan becomes one of 32 states to enforce distracted driving laws. Something to keep in mind while traveling.

To learn more: https://www.michigan.gov/msp/divisions/ohsp/distracted-driving


Posted in Auto Insurance, Michigan Law | Tagged |

Michigan’s Clean Slate Law: Automatic Criminal Expungement

Michigan’s Clean Slate legislation allows individuals to have prior convictions set aside.  A process to automatically set aside certain convictions is included in the legislation. The Michigan State Police will now search the Criminal History Record database daily. The new procedure started April 11, 2023.  Eligible convictions will be automatically set aside and every court in the state will be notified on a daily basis.

The criteria for automatic expungement is as follows:

  • Misdemeanors punishable by less than 92 days and imprisonment after 7 years
  • Misdemeanors punishable by 93 days or more and imprisonment after 7 years
  • Felonies after 10 years

Safe & Justice Michigan, a nonprofit criminal justice advocacy group, recommends running a $10 criminal background check on yourself through the Michigan State Police’s ICHAT service.

Assaultive crimes, serious misdemeanors, and offenses punishable by 10 or more years in prison are not eligible for automatic expungement.

Find more information at https://www.michigan.gov/msp/services/chr/conviction-set-aside-public-information/michigan-clean-slate

Posted in Criminal Records |

E-Newsletter Subscription