October - 2016

Congratulations to Super Lawyer and Rising Star Honorees, Brian Potestivo, President, and Chantelle

Congratulations to Super Lawyer and Rising Star Honorees, Brian Potestivo, President, and Chantelle

Rochester, MI – Potestivo & Associates, P.C is proud to announce and congratulate our very own “Best of the Best”,Chantelle R. Neumann, Supervising Litigation Attorney, for being selected to the Super Lawyers Michigan Rising Stars 2016. Additionally, we congratulate our Founder and President, Brian A. Potestivo, for being named Super Lawyer 2016! Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer r

Potestivo & Associates, P.C. Announces the Hiring of Jillian M. Murphy, Associate Attoreny

Potestivo & Associates, P.C. Announces the Hiring of Jillian M. Murphy, Associate Attoreny

CHICAGO, IL—Potestivo & Associates, P.C. is pleased to announce the hiring of Jillian M. Murphy. Jillian joined the attorney team on Monday, August 1, 2016. She is located at the firm’s South Illinois office as an Associate Attorney, serving the Litigation Department. Jillian completed her B.A. at the University of Wisconsin in 2008, where she majored in Modern History and minored in Religious Studies. She went on to earn her J.D. at The John Marshall Law School in 2013. Jill

HWA Welcomes Attorney Brent L. Vannoy

HWA Welcomes Attorney Brent L. Vannoy

Brent L. Vannoy recently joined Hughes Watters Askanase L.L.P. as a partner supporting the firm’s Commercial Litigation, and Labor and Employment Practice Areas. Brent is a legal problem-solver. He brings a solid understanding of both litigation and transactional matters to bear on complex legal issues. Financial institutions, manufacturers, restaurateurs, and others regularly call on Brent’s broad skill set in order to resolve their legal issues quickly and efficiently. As a

Four HWA Attorneys Named to 2017 List of Best Lawyers in America ©

Four HWA Attorneys Named to 2017 List of Best Lawyers in America ©

Founding partner, David Askanase, Co-Managing Partner, Wayne Kitchens, and Senior Counsel Attorney, Randall Rios, were named as 2017 Best Lawyers in America in the Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law category. In addition, Partner Carolyn A. Taylor was included in the list of Best Lawyers in America. Taylor started and is well recognized for her expertise in the Default Servicing Practice Area of HWA. Best Lawyers® Since it was first publis

Potestivo & Associates, P.C. Awarded Best & Brightest For Fourth Consecutive Year #101BB Con

Potestivo & Associates, P.C. Awarded Best & Brightest For Fourth Consecutive Year #101BB Con

ROCHESTER, MI – Potestivo & Associates, P.C., a legal services provider to the default servicing industry, is proud to announce it has been selected for the fourth year in a row as one of “The Best and Brightest Companies to Work For™” in the Metro Detroit area for the 2016 state-wide competition. The firm was honored at a ceremony in September, where Dawn Burdick, Marketing Manager and Nicole Kolhagen, HR Director, accepted the award. “We are very proud to, once again, be na

Beverly M. Weber, Shareholder MartinLeigh Attorneys PC, Selected to the 2016 Class of Kansas City Bu

Beverly M. Weber, Shareholder MartinLeigh Attorneys PC, Selected to the 2016 Class of Kansas City Bu

The Firm is very proud to announce that Bev has been selected to the 2016 class of The Kansas City Business Journal’s Women Who Mean Business. To be eligible, applicants must be engaged in for-profit business and be an entrepreneur, a top-ranking corporate woman in the Kansas City region, a partner leading a practice group or serve on an executive committee. Bev is all of these and more. She dedicates herself to leading the Firm and mentoring attorneys and staff, while worki

REAL PROPERTY: Deeds of Trust Have Priority Over Later Recorded Use Restrictions

REAL PROPERTY: Deeds of Trust Have Priority Over Later Recorded Use Restrictions

In a July 2016 real property opinion, the Missouri Court of Appeals addressed one of the many issues associated with non-judicial foreclosures—i.e. does the foreclosure of a deed of trust extinguish a use restriction that was recorded after the recording of the deed of trust. See Gray v. Shepard, Missouri Court of Appeals, Southern District, Case No. SD33458. In Gray, the property owner acquired the property from a bank. The bank had acquired the property pursuant to the no

First National Bank of Dieterich v. Pointe Royale Property Owners’ Association, Inc.: Lessons from a

First National Bank of Dieterich v. Pointe Royale Property Owners’ Association, Inc.: Lessons from a

Suppose you are a small community bank that, after months of default and incurring significant legal expenses, has just foreclosed on and purchased eight condominium units.[i] You reasonably expect that you now hold title to the condominiums in the same manner as the defaulted borrowers did on the date that the foreclosed deeds of trust securing their loans were recorded.[ii] However, as you prepare to incur even more expenses by bringing eviction actions to recover possess

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On May 18, 2016, President Obama announced the publication of the United States Department of Labor’s final rule updating overtime regulations. These new regulations go into effect on December 1, 2016, and raise the standard salary level requirement for white collar employees to be exempt from federal minimum-wage and overtime pay protections under the Fair Labor Standards Act. The new regulations increase the standard salary level for exempt full-time salaried employees from

Challenging Detroit’s Recent Barrage of Unpaid Property Tax Collection Lawsuits

Challenging Detroit’s Recent Barrage of Unpaid Property Tax Collection Lawsuits

Only weeks before the 6-year statute of limitations was set to expire, the City of Detroit (the “City”) filed nearly 600 suits seeking collection of unpaid real property taxes dating back to 2010. The City has singled out banks, financial institutions and other for-profit organizations in its first wave of demand letters and complaints in an attempt to collect some of the historically high amounts of unpaid property taxes.Personal judgments, rather than the usual liens and ju

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