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Kevin C. Johnson, Attorney at Law — Wed, 02 Dec 2009 19:56:04 +0000

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Kevin C. Johnson, Attorney at Law — Mon, 16 Nov 2009 23:18:14 +0000

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Michigan’s New Foreclosure Law

Kevin C. Johnson, Attorney at Law — Sun, 02 Aug 2009 16:19:34 +0000

On May 21, 2009, Governor Granholm signed into law an act amending Michigan’s foreclosure process. Under the old act, if a homeowner were behind in their mortgage, the mortgage company would initiate the foreclosure process by sending the homeowner a notice, usually taped to their door advising them of the sale date of your home. Then they would publish that notice in a local paper for four continuous weeks. The sale of thehome would commence on the day set forth in the notice of foreclosure. After the sale date, the homeowner would have six months to redeem their house, that is to come up with the entire balance of the mortgage, plus fees and costs to save their home. At the end of the six month redemption period, they would be required to vacate the home if they have not redeemed.

With the high rise in foreclosures in Michigan, the legislature passed public acts 29-31, amending the foreclosure process. The act became effective on July 4, 2009 and the purpose was to facilitate a meeting between the homeowner and the borrower to avoid a foreclosure.

Now, in order to foreclose, the lender must send the homeowner a written notice by first class mail and certified mail. This notice has to advise the homeowner the reason of the default and the amount due and owning on the mortgage. It must also contain the name, address, and telephone number of the mortgage holder, the mortgage service, or any person designated to be a contact with the authority to make agreements or modify the mortgage. Included in this notice, will be a list of housing counselors developed by the Michigan State Housing Development Authority and within 14 days of the notice, the homeowner can request a meeting with a housing counselor in order to modify the mortgage.

If the homeowner requests a meeting with the housing counselor, then the foreclosure process cannot be commenced for 90 days. If the homeowner and the mortgage company agrees to a modification, the mortgage will not be foreclosed if the homeowner abides by the agreement.

If the homeowner and the lender do not come to an agreement to modify the mortgage, and it is determined that the homeowner meets the criteria for a modification, then the foreclosure must proceed judicially, and not by notice as was done in the past. This is much more costly and will have a much more uncertain outcome for the mortgage company. In essence, they will have to go to court and ask a judge to foreclosure on the mortgage.

The criteria that the homeowner must meet is a simple target ratio, where the homeowners housing related debt must be 38% or lower than the homeowners gross income. In order to meet this ratio, the homeowner and the lender may negotiate a reduction in the interest rate, and extension of the mortgage to 40 years, and/or a reduction in late fees.

Only time will tell if this will save homes for Michigan families, but it is a start in the ending of foreclosures in Michigan.

DIVORCE MEDIATION: An Alternative to traditional divorce mediation

Kevin C. Johnson, Attorney at Law — Sat, 31 Jan 2009 21:23:09 +0000

Join us for our class through the St. Clair Shores Adult Education program.

Divorce mediation is quicker, significantly less expensive, less adversarial and a preferred alternative to litigation. Learn how a trained mediator (neutral third party) can help you resolve regular issues in your divorce such as visitation, child support, custody maintenance, property division, and negotiate a divorce settlement agreement that both parties can live with.

Course No. 6022
Thursday, February 19, 2009
6:00-8:00pm
$10 person/$15 couple
SCSAE Room 105

Visit the St. Clair Shores Website to register:
www.lakeshoreschools.org
Click on Adult Education

Collaborative Divorce

Kevin C. Johnson, Attorney at Law — Thu, 22 Jan 2009 21:26:38 +0000

Join us for this special class through the St. Clair Shores Adult Education program.

The Revolutionary new way to restructure your family, legal disputes and move on with your life.

The unfortunate reality is that most divorces result in painful and unnecessary collateral damage as the family issues involved are far too complicated and personal for court to address. Now there’s a better way. Collaborative divorces introduce you to an effective alternative that will address your legal, financial and emotional needs and achieve the best family arrangement possible.

Course No. 6021
Wednesday, January 28, 2009
6:00-8:00pm

$20
KMS Room 140

Visit our Website
www.lakeshoreschools.org

Click on Adult Education

Bankruptcy: Truths, Myths and Benefits

Kevin C. Johnson, Attorney at Law — Wed, 21 Jan 2009 21:19:21 +0000

Join us for our special class through the St. Clair Shores Adult Education program.

The worsening economy is destroying the financial and mental health of many metro Detroiters. Meet with financial, mental health and bankruptcy attorneys to learn to cope in today’s economic environment. Find out how bankruptcy can be a lifesaving tool.

Course No. 6003
Tuesday, January 27, 2009
$10 person/$15 couple
6:00-8:00pm KMS Room 139

Visit the St. Clair Shores Website to register
www.lakeshoreschools.org
Click on Adult Education

New OWI law in Michigan

Kevin C. Johnson, Attorney at Law — Sun, 11 Mar 2007 15:14:17 +0000

As of January 3, 2007, the drunk driving penalties in Michigan just got stiffer. The Michigan legislature passed “Heidi’s Law” which eliminates the ten-year lookback for drunk driving cases. Before this law took effect, if you received your third OWI in ten years, the third OWI would be a felony. Upon passage of “Heidi’s Law”, any third OWI charged will be a felony. So if you received two OWI’s back in the 1960′s and was arrested today for a third OWI, it would be a felony charge. It does not matter that you have been clean and sober for these forty some years, if this is your third OWI, you will face a felony charge, punishable by 1-5 years in prison.

The first thing to keep in mind, is to never drink and drive. But if you are found to be facing your third OWI (or your first at that matter), call an attorney right away to understand your rights. Your attorney needs to act right away in order to preserve the evidence that the police may have and to review that evidence in order to protect your constitutional rights.

Happy Thanksgiving 2006

Kevin C. Johnson, Attorney at Law — Thu, 23 Nov 2006 04:31:17 +0000

The employees of Johnson and Wilk want to wish everyone a Happy Thanksgiving.

Even though things have been tough with Michigan’s economy over the last several years, there is much we can find in our hearts to be thankful for. Things were not easy for the Pilgrims during their first years in the new world. They suffered many losses and setbacks. But they persevered. Through hard work they were able to overcome their trials and tribulations. The same will happen for Michigan.

Kevin Johnson and Family
Mark Wilk and Family

Welcome to Johnson and Wilk

Kevin C. Johnson, Attorney at Law — Sun, 22 Oct 2006 21:41:08 +0000

Welcome to the blog of Kevin Johnson and Mark Wilk, partners in the law firm of Johnson and Wilk, PLLC. This blog was established to assist our clients and non-clients in the understanding of changes in the laws that may affect them. Kevin and Mark will try their best to explain things in English, but at no point does this constitute legal advice. Each case is unique and each fact pattern is specific to the client, so please contact us for your free one hour, no obligation consultation. You can reach us at: www.johnsonwilk.com

Thank you for visiting our blog.

Kevin Johnson
Mark Wilk