Author: Roth Law

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Attorney Roth Elected as President of OMC Board of Trustees

Attorney Gregory J. Roth is pleased to announce that he has been elected as President of the Oakland Mediation Center (OMC) Board of Trustees, for a one-year term, effective October 1, 2025. Mr. Roth continues in this executive role in his last year as an OMC Board Member, a position spanning nearly a decade. The OMC Board is actively involved with the continued and energetic executive leadership of Charity Burke, MaDR.

Oakland Mediation Center, a 501(c)(3) non-profit organization. has served the Oakland County community and the State of Michigan for over 35 years in providing affordable conflict resolution and education services helping members, families, businesses, courts and schools to resolve conflict. OMC is an apolitical, non-profit, volunteer based Community Dispute Resolution Program (CDRP) center whose volunteers represent and serve the community. RL

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COVID-19 Information and Policies

At Roth Law, we take COVID-19 seriously. Much of our work deals with the elderly and vulnerable in our communities. Therefore, in accordance with CDC guidelines and state and local laws, rules, and regulations, we have adopted the following policies to be changed or replaced as necessary:

  • All in-person meetings at the office are indefinitely suspended unless absolutely necessary, and then are held only by appointment. Examples of meetings deemed absolutely necessary are those for the signing and witnessing of estate planning documents.
  • Masks are worn in public areas of the building and are required for all in-person meetings. Any person choosing to not wear a mask at an in-person meeting will be asked to leave, and the meeting will be immediately concluded. You must bring your own masks; we cannot provide them.
  • Social distancing guidelines are to be followed at all times.
  • Where possible, electronic meetings such as Zoom have been and continue to be utilized in place of in-person meetings and even notarization.
  • Our systems are being upgraded to included more modern faxing and electronic document delivery.
  • We are doing our best to keep up with ever-changing court policies at the state, probate, circuit, and district levels while realizing that the shifting nature of the health crisis demands more administrative time in this regard and also causes inevitable delays in the court dockets.

We thank you in advance for your cooperation during these challenging times. Stay safe! RL

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OMC Legal Aid Clinic Up and Running

Oakland Mediation Center and the Oakland County Legal Resources Center have partnered to provide a legal aid clinic to individuals at the Oakland County Legal Resources Center. The clinics are held from 1 pm to 3 pm on selected Thursdays throughout the year. The clinic will inform individuals about court procedures and forms, will advise them of their rights, and provide general information.

Residents of and visitors to Oakland County are encouraged to take advantage of this new service. Early 2020 dates are provided below:

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Official SCAO Forms Now Required to be Used Where Possible in Probate Court

MCR 5.113(A) has been amended.  The court rule amendment recently adopted by the Michigan Supreme Court, effective May 1, 2019, requires that the actual Supreme Court Administrative Office (SCAO) form, if one exists, must be filed with the probate courts.[1] Previously, documents “substantially in the form approved by the State Court Administrative Office” were acceptable for use.  The Rule now mandates that “if SCAO has approved a form for a particular purpose, it must be used when preparing that particular document for filing with the court.” [2]

This now means that “homemade” forms created by law offices and previously accepted by the probate courts, although not official SCAO forms, will no longer be accepted; only the official SCAO version can be filed. This change also emphasizes that pleadings drafted from “scratch” purported to serve the same purpose as an existing SCAO form will not be accepted, although probate courts have been pushing back against standalone non-form pleadings for some time now where there is an existing official SCAO form for that purpose.

Official SCAO forms, while an efficient, standardized tool for case administration in the probate courts, often leave a lot to be desired in terms of space and content. If more detail is needed to supplement an existing form, the best advice is to then make the extra detail an attached pleading to the particular SCAO form that is required for use. RL

Notes

  1. MCR 5.113(A) pre amendment
  2. MCR 5.113(A) post amendment


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Attorney Roth Elected to OMC Board of Trustees

Attorney Gregory J. Roth is pleased to announce that he has been elected to the Oakland Mediation Center (OMC) Board of Trustees, which carries three, three-year terms. Mr. Roth joins notable attorneys including former Oakland County Probate Court Judge Elizabeth Pezzetti, Laurel F. McGiffert, Pamela E. Sawhney, and David Baumhart, as well as a team of individuals of varied and diversified backgrounds. The Board is actively involved with the new and energetic executive leadership of Charity Burke, MaDR.

Oakland Mediation Center, a 501(c)(3) non-profit organization. has served the Oakland County community and the State of Michigan for 27 years in providing affordable conflict resolution and education services helping members, families, businesses, courts and schools to resolve conflict. OMC is an apolitical, non-profit, volunteer based Community Dispute Resolution Program (CDRP) center whose volunteers represent and serve the community. RL

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Roth Law and Mainstreet Business Center Set to Welcome Library Pub

Roth Law and Mainstreet Business Center eagerly anticipate the arrival of the Library Sports Pub and Grill as a tenant at the Mainstreet Business Center location in Novi, Michigan. The Library Pub sign officially went up yesterday. A family owned and operated business, the Library Pub has been a fixture of the Novi commercial district on Grand River Avenue for two decades. The official opening date has not yet been announced. The eatery has another locating in West Bloomfield, Michigan. More information on the Library Pub can be found here. RL

Update: The Library Pub officially opened on July 10, 2017.

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Michigan Now Regulates Deed Solicitation

As of July 11, 2016, soliciting a fee for providing a copy of deed is a now regulated activity in the State of Michigan and carries civil penalties for noncompliance. The new law is known as the “Solicitation of Deeds Act. [1] A previous article provides background into what has been a contentious issue with several register of deeds offices in Michigan. Whatever the opinion on the merits of private business versus county office or public protection, this new law now severely limits what can be done in the deed solicitation business and puts significant obstacles in front of running such a business.

nosoliciting

The 2016 law sets out the following requirements for a person soliciting a fee for providing a copy of a deed even if the copy itself is free, and these requirements are:

  1. The solicitation must state on the top of the document used for the solicitation, in at least 24-point type, all of the following:
    • That the solicitation is not from a public body.
    • That no action is legally required from the person being solicited.
    • The amount of the fee for obtaining a copy of the deed from the public body that has custody of the record.
    • The information necessary to reach the custodial public body.
    • The name and physical address of the person soliciting the fee
  2. The document used as the solicitation shall not be a form or use deadline dates so as to appear issued from a public body or that appears to impose a legal duty on the person being solicited.
  3. A person soliciting a fee for providing a copy of the sees shall not charge a fee 4 times more than the statutory fee charged by the custodial public body.
  4. A person soliciting the fee shall furnish a copy of the solicitation to be use to the office of the register of deeds in each county where the solicitation will be distributed. [2]

Certain business are specifically exempted from the Act. These are title insurance companies, mortgage companies including brokers and lenders, and real estate brokers, and real estate brokers and salespeople. [3] Curiously omitted are attorneys. However , the definition of “solicitation” in the statute is “to advertise or market to a person with whom the solicitor has no preexisting business relationship”. Therefore, an attorney pulling a deed for a client and charging that client for the time or service is not within the purview of the Act.

Penalties for noncompliance are as follows: for a first time offense, $100 per solicitation/document in violation of the Act; and for a subsequent offense, $200.00 per solicitation/document. [4]  Civil fines collected go to support public libraries. [5] The Act authorizes Attorney general action against violators. [6] There appears to be no private cause of action under the statute.

The new law should have a chilling effect on the private business of deed solicitation in Michigan. If the goal is to protect elderly or unsophisticated persons who tend to be disproportionately affected by misleading solicitations, this appears to be in the public interest. Otherwise, the merits of the law are less clear.  GJR

Notes:

  1. MCL 445.1031 et seq.
  2. MCL445.1033.
  3. MCL 445.1034.
  4. MCL 445.1035.
  5. MCL 445.1035.
  6. Id., MCL 445.1036.
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Vote Jennifer Callaghan for Oakland Probate Judge Tuesday November 8th!

It has often been said that democracy works best at the local level. Amid the hype and circus atmosphere of the National election it is easy to forget this. Real lives are affected and furthered by dedicated people working on a daily basis, not through media sound bites or zingers.

Attorney Jennifer Callaghan is running this November as a candidate for the Oakland County Probate Court seat being vacated by the Hon. Elizabeth Pezzetti, and Jennifer has the probate and other legal experience to successfully pick up where Judge Pezzetti will leave off. If Oakland County is your county, this is your election

I have known Jennifer for many years in the probate court and community in which I practice. She is qualified and ready for the position, and she is an honest, hardworking attorney and a good person.

In an interview with attorney and media personality Henry Gornbein, Ms. Callaghan’s depth of knowledge is evident:

 

In the words of veteran probate practitioner Julie Pfitzenmaier Cotant:

In the midst of the federal election nonsense, here’s a great candidate for you to consider for Oakland County Probate Court. Jennifer Callaghan practices day in, day out in the probate court and she has the support of both parties, other probate practitioners, and judges alike. I cannot overstate the value of having a probate judge with previous probate court experience. Probate court judges stand to have much more impact over your life or that of a loved one than the President. Check her out.

But maybe it is simply best to review the candidate’s concise mission statement, in her own words:

Dear Neighbor,

 

There are no criminal trials in Probate Court. It’s the place where estates are settled, guardians are appointed, and people who are facing family crises seek relief. A Judge of Probate Court is a different kind of judge, and not just anyone can do the job well.

I’ve devoted my career to the vulnerable people who come to Probate Court each day – the disabled, seniors, people who are ill and people who have lost a loved one. I’m proud to have chosen such a career, and it has prepared me to be a great Probate Judge. Please read my brief biography, included in this website. I believe you’ll agree that I’ve earned your vote for this important job. I hope I’ll have that vote on November 8th.

 

Sincerely,

signature

The election is only days away, so when you vote,

Vote JENNIFER CALLAGHAN

for

Oakland County Probate Judge

this November 8th!

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ICLE Contributor: Working with Guardians ad Litem on Elder Law Matters

Attorney Gregory J. Roth was pleased to be a part of “Working with Guardians ad Litem on Elder Law Matters”, recorded on October 20, 2016 at the Institute of Continuing Legal Education (ICLE) studios in Ann Arbor, Michigan for the ICLE On-Demand Seminar series. This was Mr. Roth’s first participation as an ICLE contributor. Mr. Roth was joined by co-panelist Attorney Sara B. Rubino of Jaffe, Raitt, Heuer and Weiss, PC in Southfield, Michigan and moderator Attorney Jennifer Ackroyd-Fabris from Morgan Starr Sackin in Lapeer, Michigan.

Recording "Working with Guardians ad Litem on Elder Law Matters"
Recording “Working with Guardians ad Litem on Elder Law Matters”

Mr. Roth, who regularly serves as a Guardian ad Litem in Oakland County, Michigan, wishes to thank Ms. Rubino for the invitation, Ms. Ackroyd-Fabris for her script and moderator work, and Ms. Stephanie Stenberg at ICLE for her expert guidance throughout the process.

The seminar is scheduled to be available online through the ICLE Partnershipcamera next month. RL

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Register of Deeds Recording Fees Increasing October 1, 2016

Effective October 1, 2016, pursuant to Public Act 224 of 2016 which amended Public Act 236 of 1961, the fee for recording a document with any county Register of Deeds will increase from the current fee of $14.00 plus $3.00 for each additional page to $30.00 flat fee (inclusive of Michigan Remonumentation and Register of Deeds Automation fees) regardless of the number of pages in the document. [1]  There is one exception: if the document to be recorded assigns or discharges more than one instrument, there is an additional $3.00 fee for each additional instrument assigned or discharged. [2]  Also to certify a recorded document is now $5.00; however the fee for copies of documents remain at $1.00 per page. [3] 

For larger documents (six pages or more, exclusive of assignments and discharges) there is certainly a cost savings versus the previous fee schedule. However, for the vast majority of document recordings, especially deeds where most are only one to a few pages, the cost of doing business has substantially increased, basically doubled. As with many of the court fee increases over the last year, this change appears to be a revenue generation measure for the State of Michigan, to make up for fiscal losses in other areas. GJR

Notes

  1. MCL 600.2567(1)(a)
  2. MCL 600.2567(1)(b)
  3. MCL 600.2567(1)(c), (d)