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Practice Areas

Construction Liens

Practice AreasLaura handled construction lien disputes for the Office of the Michigan Attorney General for almost 11 years in Circuit Courts across the State. By representing Michigan in dozens of courtrooms, she acquired the experience to effectively handle both the routine and the ob-scure legal issues that can arise in construction. The Michigan Construction Lien Act gives contractors, subcontractors, suppliers, and laborers, the right to place a lien on real estate which they improve, when they are not paid for their contracted work and/or materials. The Lien Act also allows lien claimants to recover time-price differentials and attorney fees. There are strict requirements for placing and enforcing liens. Construction Liens impact the title to real estate because Michigan law allows a properly placed lien to attach to the im-proved realty and force its sale. Because of the serious consequences arising from a Judg-ment for Lien Foreclosure, it is important to have an experienced construction lien attorney. Ms. Lynch has successfully handled hundreds of litigated lien foreclosure actions for lien claimants, lenders and owners. Her experience will not only assist the success of your case, it will also result in a more efficient, cost effective experience.

Real Estate Disputes

Laura has significant experience in enforcement of recorded Land Title Documents, including domestic and foreign Mortgages, Deeds, Land Contracts, and Liens. She assists clients in many types of land title actions to protect their property rights, including construction lien claims, mortgage and deed reformation claims, mortgage priority disputes, quiet title claims, improper placement of lis pendens, actionable recordings of claims of interest, slander of title claims, equitable mortgage claims, attorneys' liens, property tax foreclosure/collection claims, escrow claims, and subrogation claims. She also handles transactional matters such as drafting the documents for real estate purchases and sales including purchase agreements and land contracts, licenses and leases.

Condominiums

Laura has extensive experience handling a wide range of condominium lawsuits, including assessment lien defense, assessment lien placement and foreclosure, construction lien foreclosure of either Developer's interests or Unit owner's interests, Developer new construction escrow issues, disputes concerning completion of 'must-be-built' improvements, as well as erroneous tax assessments. Laura will help you analyze the best way for you to proceed that achieves your goals and makes the most business sense financially.

Business Disputes

For over 30 years Laura has represented clients in the contract disputes and collection of unsecured debt based on both written and verbal contractual agreements. Ms. Lynch has recovered clients' funds under legal and equitable theories of law including breach of contract, account stated, Builders Trust Fund Act violations, quatum meruit, equitable mortgage, fraud, breach of warranty of title and estoppel. Pleadings for a client's claims are individually drafted and tailored for the specific facts and applicable legal principles appropriate to that case to assure the maximum recovery for the client. Every effort is made to secure Judgments for clients that are not dischargeable in Bankruptcy.

Wills and Powers of Attorney

Ms. Lynch handles drafting of Wills and Codicils as well as Powers of Attorney, Limited Powers of Attorney, beneficiary Deeds and Durable Powers of Attorney for Medical Advocate. Making even a simple estate plan can alleviate anxiety and give your loved ones needed guidance in how you would like your estate disbursed. Many people avoid drafting a Will or planning for their demise because it is not easy to think about our own mortality. However, making a Will is a great opportunity to send one last message to the ones you love, and to assure them that you care for them unconditionally. If you make the time to do an estate plan you will be happy that you did.

Trust and Estate Planning Documents

Estate Planning concerns the efficient transfer of assets to an heir or beneficiary when the owner (grantor) of that property dies. When there are no living owners of an asset, the Probate Court is required to issue an order to effectuate a transfer of legal title to the decedent's heirs or beneficiaries. Trusts are statutorily authorized vehicles which, like corporations, can hold title to property. When properly drafted, Trusts allow transfers of the decedent's real and personal property without the assistance of the Probate Court. Under certain circumstances, Trusts can diminish or even delay taxation of the assets. These instruments also allow parents to plan for the care of minor children, disabled adult children, and dependent relatives.

It is particularly important for persons in domestic partnerships and second marriages to have an effective estate plan in order to assure that their assets are distributed to their intended beneficiaries. Laura can explain the Michigan inheritance statutes to you so that you understand how your property will be distributed upon your death should you fail to make your own estate plan. She will help you implement your estate planning goals as cost efficiently as possible.

Probate Disputes

If you have recently lost a loved one, it is important to know your rights and the appropriate procedures to protect your interests in a decedent's estate. If you have been assigned as an estate administrator or personal representative, it is important to understand your responsibilities to the estate and beneficiaries. Laura will help you manage the fiduciary responsibilities incident to Probate. She can be involved as much as you direct; you are in charge. Be aware that prompt commencement of the Decedent’s Estate and admission of a Will to Probate Court will avoid any risk that property and records are lost or dissipated. Although not common, sometimes it is necessary to contest a Will or engage in probate litigation because the documents submitted to the Court on behalf of the decedent are dubious or do not comport with what the person planned to do.

Facilitative Mediation Services

Laura completed State Bar approved courses for facilitative mediation and basic arbitration. She is certified as a General Civil Mediator in Michigan and is registered with most local courts. Laura’s success as a Mediator comes from preparation, a commitment to understanding the parties’ dispute and to making certain the litigants involved have a meaningful opportunity to be heard. She frequently is appointed by the Court to work on the resolution of cases. Laura offers facilitative mediation in Probate, District and Circuit Court matters, on a sliding fee scale. Because she is a consensus builder and thoroughly understands the law of a case, she is successful in settling even the most bitter disputes. Litigants feel respected and heard when Laura mediates their matters.

Enforcement of Duties Owed by Public Officials (Mandamus)

On occasion a Public Official may refuse to perform a statutory duty although the law requires him or her to do so. Under certain circumstances the Michigan law permits a person injured by the official's omission of statutory duty to Petition the Court for a Writ commanding the Public Official's performance of his statutory duty; damages may be recoverable as well. Ms. Lynch has experience handling actions to obtain statutory compliance by both elected and appointed Public Officials such as County Sheriff, County Clerk, County Equalization Director, and City Assessor.