Suttons Bay Law

“No Dad, I have to go for the team.”

When I suggested to my son, Casey, he could bypass the weekly “Team Trivia” competition he gave me a very matter-of-fact reply of “No Dad, I have to go for the team.” So off we went to the Village Inn to meet up with “Casey’s Team” for an evening of burgers and “I’ve got that one, it’s The Matrix” or “Luxembourg” as “the northern most country beginning with the letter “L” to not play in the last winter Olympics.” Luckily the Coopers were on hand to offer up “entropy” for “the science of boiling and cooling water,” and “Baltimore” as the “location of John Hopkins Medical Center and University.” Another round of high fives and beaming smiles as the points began adding up.

“Who makes up these questions?”
In the past I’ve shared comments with you that while listening to Casey I sometimes ask myself, “Who knows this stuff?” While listening to the trivia questions I kept asking myself, “Who makes up these questions?” And then I realized it didn’t matter, because teams were coming together, joining in hushed huddles to come up with their own answers. What mattered was the feeling of community with friends and neighbors in spite of the competitive atmosphere. The timing of one song between each round of questions and answers is enough time spaced out across the evening to catch up on recent events, upcoming activities, and to discover something new about friends and swap summer stories. It’s also enough time to lean back, relax and share a few laughs at our own expense.

We talked about what a great summer it’s been in Suttons Bay, how the Visitor Center continues to be swamped even though Labor Day weekend is fast approaching. We all agreed it’s been a “Chamber of Commerce” summer in northern Michigan.

Spike’s busy summer
During this summer many clients and friends spending time at summer cottages stopped by The Depot to say hello, and some even stopped in just to see Spike, The Depot’s resident cat.

A few weeks ago I also had the chance to discover something far more effective than advertising to attract attention to The Depot and draw a crowd - put on a t-shirt, a pair of khaki shorts and grab some lawn tools and begin trimming bushes, edging and weeding garden beds. Honking horns, whistles, yelps and cat calls were just a few of the sounds (that I can share here) I endured while standing in the hot sun, attached to my tools, smiling and waving. Spike didn’t want to have anything to do with any of this and somehow was able to grab a nap during the ruckus and activity (yes, that’s Spike in the photo).

A “thank you” to our community
Each and every one of us will have our own memories of this great northern Michigan summer. I hope you and your family will add one more special and local event to your calendar. I would like to invite you to be our guest to attend the annual Fireworks Display at the Suttons Bay Marina Park on Saturday, September 4th of Labor Day Weekend. This is a very special evening when business owners come together to sponsor an event for “locals” to say “thank you” to our community for a great summer. Wright Penning & Beamer is proud to be one of three senior sponsors, along with Hansen Foods and Bahle’s of Suttons Bay.

So gather together a picnic basket filled with summer snacks, blankets and lawn chairs and join us along with your friends and neighbors to enjoy an evening of “Oohs and Aaahs” as fireworks light up the night sky over Suttons Bay. You too will discover that fireworks aren’t just for kids!

Dan A. Penning

Tags: Know it Now, Suttons Bay Depot by Dan Penning
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Several weeks ago, I shared a poem written by Emily Perl Kingsley entitled, “Welcome to Holland.” (click here to read the “Holland” Reflections blog post) The poem reflects Kingsley’s experience of raising a child with a disability to help people who have not shared that unique experience to understand it and in some small way imagine how it would feel.

A recent experience
Based on the overwhelming response to my previous post and the poem, I thought it would be appropriate to share a recent experience I had with my son, Casey, who is autistic. Casey recently spent several days with me at our Suttons Bay home after the Fourth of July weekend. As often happens during the summer months, when balancing two separate homes and office locations in Farmington and Suttons Bay, my wife had returned downstate with the other two boys after the holiday for their summer job and sports camp commitments. This left Casey and me on our own. Although the summer months result in a lot of activity at my firm’s Suttons Bay office, including client meetings and work to do, Casey and I were able to take some time off together.

Casey’s “list of things to do”
One of the items that is consistently on Casey’s “list of things to do” when we are together up north is to take a day and go kayaking on one of the local rivers or lakes. One Saturday morning, we packed our provisions for the day and headed over to the Putt and Paddle at the The River in Glen Arbor, Michigan (www.theriverglenarbor.com) and met Mike, the owner, to outfit ourselves with a kayak for the day’s trip. We chose a trip down the Crystal River and Mike and his crew took good care of us in driving us to the “drop spot” for a several-hour journey down the river.

While a lot of what I anticipated on our trip, of course, happened, in most cases, right on queue, (i.e., dropping items like our lunch in the water, me getting a workout pushing the kayak over the sandbars and getting sunburned in all the spots I missed putting sunscreen on) I experienced another in what has been a long series of “Holland moments” with Casey as we paddled down the river.

“Who knows this stuff?”
Casey proceeded to give me a dissertation on the types of trees, plants and vegetation we passed by; recited facts on when the area had been first settled and where the people originated from who moved there; and how, before that, he identified the Indian tribes that used the river and related several stories he had read in various books about the history of Leelanau County. As I listened to my son talk, I thought to myself, “Who knows this stuff?” Then it occurred to me. Casey does!

The pizza ritual
We finished our trip with the ritual of eating Shrimp Alfredo Pizza at Riverfront Pizza (www.riverfrontpizza.com) and laughed about our lunch that got wet, and that we had to run after our kayak as it floated away after sliding down a steep hill after we portaged the kayak across a country road during the course of our trip. At the end of our day, Casey, once again, proclaimed as he often does that, “This was the best day of my life.“

It is these experiences that remind me that Casey not only is a young man with special needs, but also a person with extraordinary and special talents.

Enjoy your time with your families and friends this summer.
Remember, whatever disappointments you may experience in your vacation that was supposed to take you to your version of “Italy,” that sometimes the experiences you have in “Holland” are even more special and meaningful.

Dan A. Penning

Tags: Know it Now, Personal Management, Special Needs Children, Suttons Bay Depot by Dan Penning
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Blog Added to Our New Cottage Law & Cottage Succession Planning Website!

We’ve added a blog to our new cottage law website to post additional information about cottage succession planning, and for cottage family members to post their favorite memories of time spent at the family cottage. Please stop by and share your own favorite cottage memories!

Visit our new Cottage Law website at www.Cottage-Law.com for important information on sale, purchase, tax and succession planning issues for cottages, second homes and similar properties.

Visit www.Cottage-Law.com Today!

We’d love to know what you think of the new cottage law website and value your comments and input of additional information that would be of value to you to add to our new Cottage Law website!

Dan A. Penning

Tags: Cottage Law, Know it Now, Suttons Bay Depot by Dan Penning
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You will soon be receiving your 2010 Notice of Assessment for your Michigan real property. We pursue tax appeals both at the local Board of Review and before the Michigan Tax Tribunal.

We can help with . . .

* What to do with my assessment notice?
* When can I file an appeal?
* How do I get through the appeal process?

We can help answer these questions and more. Please contact us.

Tags: Asset Protection, Cottage Law, Know it Now, Real Estate, Suttons Bay Depot by Dan Penning
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The HAITI Assistance Income Tax Incentive Act has recently been enacted into law to provide tax payers who give to charities providing earthquake relief in Haiti an opportunity to deduct their tax deductible donations on either their 2009 or 2010 tax returns. Only cash contributions are eligible as opposed to contributions of property. Tax payers must itemize deductions on their tax returns in order to benefit from the Act. Qualifying contributions must be made to an organization that is assisting with the relief efforts as approved by the IRS which are listed in IRS Publication 78.

If you have questions, please feel free to contact Wright Penning & Beamer.

Tags: Know it Now, Suttons Bay Depot by Dan Penning
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I’m pleased to announce that one of Michigan’s premier business journals, DBUSINESS, recently announced its 2010 “Top Lawyers” in metropolitan Detroit - and three of the principals with Wright Penning & Beamer made the list.

DBUSINESS compiles its list as a resource and reference guide for its readers. Selection criteria include:

• legal knowledge
• analytical capabilities
• judgment
• communication ability, and,
• legal experience.

The list was published in the journal’s November/December 2009 edition.

According to the publication, selected lawyers “possess the highest professional ability and ethical standards.”

Dirk Beamer, Lee Flaherty and I were selected this year. Beamer for his expertise in business and commercial litigation; Flaherty for her work with non-profits and charitable organizations, and I was recognized for business and estate planning.

As a founding shareholder of the firm I’ve focused my practice areas primarily in planning for business entities including family businesses, estate planning for business owners, individuals, families with special needs children, and succession planning for family cottages and farms. Through these practice areas our firm has become a leading resource for individual and business clients.

Beamer oversees our firm’s diverse litigation practice, focusing primarily on business and commercial litigation. He spearheads the firm’s efforts in insurance law, unfair competition, trademark infringement, employment matters and contract disputes. Dirk has litigated in state and federal courts across the country. He also counsels business owners and managers concerning employment practices and management.

In addition to her work with non-profits, Lee Flaherty is well versed in real estate, business law, estate planning and probate. Lee’s business expertise encompasses the support of ongoing businesses, business purchases and sales, and representation in commercial real estate transactions. Her estate planning practice focuses on the preparation of a wide variety of trusts and other documents to assist clients in avoiding probate, preserving assets and minimizing taxes.

I take pride in my colleagues’ accomplishments and wanted to share this good news with you. As a firm we continue to strive daily to deliver the highest quality legal services to our clients throughout Michigan and beyond.

Dan A. Penning

Tags: Agribusiness, Business Management/Law, Business Succession, Cottage Law, Employment Law, Estate Planning, Know it Now, Personal Management, Special Needs Children, Suttons Bay Depot by Dan Penning
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On August 29, 2009, Julie Pfitzenmaier will co-instruct a Dale Carnegie® Public Speaking Workshop for the Young Lawyers Section of the State Bar of Michigan. The workshop will focus on assisting participants in organizing their presentations, speaking with more confidence and clarity, holding their audience’s attention, as well as facing challenging and unexpected questions.

Ms. Pfitzenmaier is a certified Dale Carnegie instructor as well as a practicing attorney with the law firm of Wright Penning & Beamer, P.C., in the firm’s Farmington Hills office. Ms. Pfitzenmaier devotes her practice to business, commercial, and probate litigation, as well as probate and trust administration.

For more information, contact Dirk A. Beamer, Wright Penning & Beamer, P.C., at 248-893-1401 or at dbeamer@wrightpenning.com.

Tags: Suttons Bay Depot by Dan Penning
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The corresponding picture of my 16-year-old son, Tucker, with this blog post, was recently taken at a hockey tournament in Cleveland, Ohio. Tucker, by all accounts, is one of the best goal scorers for his team. For the first two games of the tournament, Tucker was repeatedly frustrated by missed opportunities and some remarkable goalie saves that sent him into the tournament semi-final game with no goals. The first two periods of the semi-final game were more of the same. Tucker worked and worked, but no goals. He kept focused and worked hard in the third period and then, with 30 seconds left, he seized an opportunity and scored the game-winning goal. The picture was taken right after the goal was scored. Success at last!

As I reflect on Tucker’s experience, it occurred to me that his path to success in that situation mirrors how we, as adults, should pursue success. Dr. Alan Zimmerman, in his internet newsletter “Tuesday Tip” recently commented on the various studies that have been conducted about achieving “success”. In his newsletter, Dr. Zimmerman cites four key elements of success which is first to “toil awhile” and secondly “to endure awhile”. The last two steps of success are to “believe always” and the final step being “never turn back”. Dr. Zimmerman states, “the folks who make it in this world…the folks who become truly successful…continue to toil and endure in spite of their problems, challenges, and setbacks. Successful people know that hard work does not prevent problems. It simply gets them through the problems.”

In summary, Tucker’s accomplishments have made me very proud of him as a hardworking and dedicated young man. That being said, his accomplishments also reminded me of the important lesson of what it takes to be truly “successful”. We are facing challenges in today’s world that are unprecedented. However, we still have the ability to be a success, survive the challenges, and become better people through the process.

Dan A. Penning
(a.k.a. Proud Father)

Tags: Suttons Bay Depot by Dan Penning
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The following article reports on an increasingly used strategy by individuals representing homeowners whose homes are in danger of foreclosure. In summary, the article addresses situations where a homeowner’s mortgage may have been sold or reassigned between several different companies and, therefore, the original mortgage note and mortgage executed by the homeowner cannot be located. If there is no evidence of a mortgage note or mortgage having been executed by the homeowner, then the bank or lending facility may have a challenge to actually prove indebtedness. The article below does provide useful information and should be considered by any homeowner facing a foreclosure action by their lender.

Dan Penning

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From an article which originally appeared on the Consumer Warning Network website:

Homeowners’ Rallying Cry: Produce the Note

by MITCH STACY Associated Press Correspondent

ZEPHYRHILLS, Fla. (AP) — Kathy Lovelace lost her job and was about to lose her house, too. But then she made a seemingly simple request of the bank: Show me the original mortgage paperwork.

And just like that, the foreclosure proceedings came to a standstill.

Lovelace and other homeowners around the country are managing to stave off foreclosure by employing a strategy that goes to the heart of the whole nationwide mess.

During the real estate frenzy of the past decade, mortgages were sold and resold, bundled into securities and peddled to investors. In many cases, the original note signed by the homeowner was lost, stored away in a distant warehouse or destroyed.

Persuading a judge to compel production of hard-to-find or nonexistent documents can, at the very least, delay foreclosure, buying the homeowner some time and turning up the pressure on the lender to renegotiate the mortgage.

“I’m going to hang on for dear life until they can prove to me it belongs to them,” said Lovelace, a 50-year-old divorced mother who owns a $200,000 home in Zephyrhills, near Tampa. “I’ll try everything I can because it’s all I have left.”

In interviews with The Associated Press, lawyers, homeowners and advocates outlined the produce-the-note strategy. Exactly how many homeowners have employed it is unknown. Nor is it clear how successful it has been; some judges are more sympathetic than others.

More than 2.3 million homeowners faced foreclosure proceedings last year and millions more are in danger of losing their homes. On Wednesday, President Obama will unveil a plan to spend at least $50 billion to help homeowners fend off foreclosure.

Chris Hoyer, a Tampa lawyer whose Consumer Warning Network Web site offers the free court documents Lovelace used to file her request, has played a major role in promoting the produce-the-note strategy.

“We knew early on that the only relief that would ever come to people would be to the people who were in their houses,” Hoyer said. “Nobody was going to fashion any relief for people who have already lost their houses. So your only hope was to hang on any way you could.”

Tom Deutsch, deputy executive director of the American Securitization Forum, a group that represents banks, law firms and investors, dismissed the strategy as merely a stalling tactic, saying homeowners are “making lawyers jump through procedural hoops to delay what’s likely to be inevitable.”

Deutsch said the original note is almost always electronically retained and can eventually be found.

Judges are often willing to accept electronic documentation. And lenders are sometimes allowed to produce other paperwork to establish they are the holder of a loan. Still, assembling such documents to a judge’s satisfaction takes time, which to homeowners is the point.

Lovelace filed her produce-the-note demand last fall after the bank acknowledged that her original mortgage document had been lost or destroyed. Since then, there has been no activity on the foreclosure — no letters from the lender, no court filings.

The law firm handling the foreclosure for the lender refused to comment.

A University of Iowa study last year suggested that companies servicing mortgages are often negligent when it comes to producing the documentation to support foreclosure. In the study of more than 1,700 bankruptcy cases stemming from home foreclosures, the original note was missing more than 40 percent of the time, and other pieces of required documentation also were routinely left out.

The first big success of the produce-the-note movement came in 2007 when a federal judge in Cleveland threw out 14 foreclosures by Deutsche Bank National Trust Co. because the bank failed to produce the original notes.

Michael Silver, a lawyer for two of the families in that case, said at least one eventually lost their home. Still, he considers that a success.

“From the perspective of the person who’s in the home, you may have kept them in the house another 10 or 12 months,” he said. “If I can get a result with economic benefits to a client, then I think I won.”

Democratic Rep. Marcy Kaptur of Ohio endorsed the strategy in a fiery speech on the House floor during debate on the federal bank bailout last month.

“Don’t leave your home,” she said. “Because you know what? When those companies say they have your mortgage, unless you have a lawyer that can put his or her finger on that mortgage, you don’t have that mortgage, and you are going to find they can’t find the paper up there on Wall Street.”

April Charney, head of foreclosure defense for Jacksonville Area Legal Aid in Florida, said the strategy has been so successful for her that she now travels around the country to train other lawyers in how to use it. She said she has gotten cases delayed for years by demanding that lenders produce paperwork they cannot find.

“This is an army of lawyers getting out there to stop foreclosures so we can get to the serious business of creating solutions,” Charney said. “Nothing good is going to happen as long as we continue to bleed homeowners.”
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Visit Consumer Warning Network for balance of article and reader comments and additional information about foreclosures and this issue.

Dan Penning
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Tags: Asset Protection, Disputes & Litigation, Personal Management, Suttons Bay Depot by Dan Penning
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The gift card law as highlighted in the below article is a good effort by the state legislature to protect consumers in the state of Michigan. While the intent and content of the law is excellent, it does not protect against a situation where a consumer is holding a gift card for a bankrupt business or a business which is no longer operating. If a business discharges its liabilities in Chapter 7 and ceases to exist, the gift card will be of no value. The best practice for individuals receiving gift cards is to spend them as soon as possible.

- Dan Penning
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Gift cards to last for five years thanks to new state law
MARY BETH ALMOND C & G Staff Writer
Published: November 12, 2008
Michiganders will have at least five years to use the next gift card or gift certificate they receive, thanks to a new state law, effective Nov. 1. The three-bill package also prevents retailers from altering the terms or conditions of a gift card or certificate after it has been issued, prohibits inactivity and other fees, and requires retailers to accept gift cards and certificates during a special sale, closeout or liquidation.

Gov. Jennifer Granholm, who signed the legislation in July, says gift cards are a worry-free solution to gift giving that consumers should be able to enjoy freely.

“This is a way of protecting wallets and making sure that consumers are getting the most from their dollars as we head into this busy shopping season,” she said in a statement.

The requirement applies only to new gift cards or certificates sold on or after Nov. 1, just in time for the holiday shopping season. It does not apply to gift cards issued by banks or financial institutions.

Birmingham retail consultant Ed Nakfoor expects the popularity of gift cards to increase this year, as notions that the plastic presents are impersonal go out the door.

“Years ago, people might have thought twice about giving a gift card because it didn’t really seem like a traditional gift, but I think that stigma has certainly passed.

Even the way a gift card is presented has changed. It used to be a paper certificate, now it’s an actual card that is, oftentimes, in an attractive box, so it looks like more of a traditional gift,” he said.

A survey for the National Retailer Federation estimates that about 54.9 percent of consumers would like to receive a gift card for the holidays this year, which is up slightly from 53.8 percent last year. It also projected that gift cards would be the most requested gift this year, followed by books, CDs, DVDs, videos and video games, and clothing or accessories.

“The convenience factor can’t be beat, and I think that the stores like them because they’re getting someone in their store, and oftentimes that person will spend more than the amount on the gift card, so it’s definitely a plus for the merchants,” Nakfoor said.

Consumers can report violations of the gift card law to the state Consumer Protection Division at (517) 373-1140, or www.michigan.gov/ag.

You can reach Staff Writer Mary Beth Almond at malmond@candgnews.com or at (586) 498-1060.

Gift card and gift certificate guidelines and tips

When buying a gift card or certificate, make sure you only make purchases from a reputable source and pay close attention to the following:

Purchase use or restrictions.

Expiration date.

All fees.

Replacement policy for lost or stolen cards.

Inspect the card before you buy it.

Ask for an extra receipt.

Source: Attorney General Mike Cox Consumer Alert

Tags: Suttons Bay Depot by Dan Penning
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