Litigation & Defense Practice
Appeals. We believe that no law firm can represent their clients completely without providing appellate representation. In simple terms, “appeal” refers to the process of petitioning a higher Court to overrule the decision of a lower Court, because that ruling is contrary to the law, against the great weight of the evidence, or is in some other way grossly unjust. In the real world, appeals can be said to “keep the system in check.” By representing out clients throughout the appellate process, the attorneys of John R. Foley, P.C. make it known that unfair decisions will not stand.
Debt Settlement. Many people don’t know: after a bank forecloses on your property, if the bank does not get all that they are owed from the sale of the property, they can still collect the rest of the debt from you. Our Foreclosure and Collection practice revolves around representing individuals and families who have recently been served by the bank with a Notice of Foreclosure, or who have found that their accounts have been garnished, their wages levied, or their assets seized. At this point, we use what little time is left to aid clients in asset protection, and to consider the various advantages and disadvantages of debt settlement or bankruptcy. Depending upon our client’s financial condition, this can be a decision of extreme importance.
Commercial Litigation. The most common areas of commercial litigation which we handle are construction defect cases; construction contract disputes; and litigation involving violations of the Michigan Builders Trust Funds Act and Michigan Construction Lien Act. We represent owners, contractors, subcontractors, vendors and suppliers, and all facets of litigation, and in both State and Federal Court. In conjunction with out Bankruptcy & Reorganization practice, we also commonly represent parties pursing non-dischargeable judgments as a result of a construction dispute.
Probate. Estate, probate and trust disputes, disagreements, litigation and arbitration: Probate, trust and estate disputes include will contests and challenges, interpreting the will or trust, identifying and collecting estate and trust assets, pursuing claims against third-parties, resolving creditor claims, claims for breach of fiduciary duty and other issues. Unfortunately, when the elderly members of our community need it most, they are sometimes abused, neglected or financially exploited. Michigan, however, has strong laws to protect vulnerable and incapacitated adults and to remedy abuse and misconduct. We provide comprehensive and valuable representation to deal with disputes over whether a trust is valid, the interpretation of a trust, the trustee’s administration and many others. The administration of a trust or estate involves several activities. It is important for the personal representative and trustee to know their fiduciary duties, responsibilities and relevant deadlines.
Real Estate Litigation. John R. Foley P.C.’s Real Estate Litigation practice revolves around the representation of clients in litigation over the rights to possess, use, and enjoy land and the permanent manmade additions attached to it. This includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community, landlord and tenant relations, the transfer of interests in real property, and real property financing, including deeds and mortgages.