Hertz Schram attorneys Deborah Lapin and Matthew Turchyn recently obtained a favorable opinion on behalf of Ocwen Loan Servicing, LLC in the Michigan Court of Appeals in Sutter v Ocwen Loan Servicing, LLC, Case No. 320704 (April 21, 2015). The issue before the Court of Appeals was whether Ocwen converted a $16,860.68 property insurance check when it was a named payee on the check but did not attempt to cash, endorse or negotiate the check. The trial court found that Ocwen converted the check pursuant to MCL 600.2919a(1), Michigan's statutory conversion statute, because it was not entitled to the check as it did not have an insurable interest in the property. The trial court awarded the plaintiffs treble damages and attorney fees upon finding that Ocwen statutorily converted the check pursuant to MCL 600.2919a(1).
It's not always as straight forward as you might think!
Divorce is an emotionally difficult process, a statement most of us believe to be true. Yet, when you're the one going through a divorce, the full truth of this statement becomes self-evident. You find yourself on an emotional rollercoaster with your emotions ranging from sadness, anger, bitterness, self-doubt, failure, and fear - just to name a few. These negative emotions can overwhelm you, rightfully so. So how do you hold it together to protect yourself and your children from emotion harm during this very stressful situation? Is it possible to reduce the acrimony you may be experiencing and get off the rollercoaster? Susan Heitler, PhD, a clinical psychologist, suggests the following 8 guidelines for a friendly divorce:
Many lawyers have multiple specialties that seem to go hand in hand. People often think of lawyers with dual specialties as having only one. Tax AND estate planning, medical malpractice AND personal injury, corporate AND securities are but a few examples that come immediately to mind. Let me add another natural combination of which I am one of a very few members; real estate AND probate.