He has a broad range of experience in reviewing, negotiating and drafting purchase and sale, loan, construction, lease and other real estate documentation. He has extensive experience representing owners and institutional lenders in connection with permanent financing and workout documentation (deed in lieu, loan modification and short sales), as well as documentation for commercial, industrial and residential projects.
Rick also counsels clients in connection with general business matters, including contract review and negotiation, litigation matters and routine business issues. He has also represented clients in the acquisition and disposition of businesses and nonprofit mergers.
In addition, Rick’s real estate litigation practice has included land contract forfeitures, mortgage foreclosures (judicial and non judicial) and waste claims, as well as condemnation, commission disputes, partition, adverse possession, specific performance, eviction, premises liability, construction lien litigation, environmental, slander of title, fraud, tax appeal and quiet title actions. He has represented a number of receivers in federal and state court receiverships. Rick has represented developers and landowners in various zoning matters, including rezonings, variances, site plan approvals, special use permits, nonconforming uses and site selection. He has had numerous appearances before zoning boards of appeals, planning commissions, city councils and township boards and has handled appeals to circuit court. Rick has substantial experience in landlord representation and management issues and has represented local homeowner associations and a school district in significant deed restriction litigation. For years Rick represented a Class 1 railroad in various Michigan real estate matters.
Rick has significant experience in handling those matters unique to the title claims industry. In particular, he has provided legal services tailored to the needs of title insurance underwriters, insureds and title agents.
Title insurance matters handled by Rick include quiet title, lien priority disputes, equitable subrogation, fraud and misrepresentation, forgery, declaratory relief, unjust enrichment, breach of fiduciary duty, indemnification, recoupment, construction liens, marshalling of assets, encroachments, setting aside of foreclosures, injunctive relief (tolling of redemption periods), reformation, enforceability of use restrictions, real estate forfeiture claims (bank and drug fraud), agent defalcation, bankruptcy and bankruptcy preference/avoidance and tax title matters.
Rick also has substantial experience in real estate transactional matters which, in many cases, results in the resolution of title claims, sometimes avoiding the need for litigation altogether.
Rick also has considerable experience in creditor representation in Chapter 11, 7 and 13 bankruptcy matters. Matters handled by Rick include adequate protection and lift stay proceedings, plan negotiations and objections to confirmation, proof of claim preparation and defense of objections to claims, including administrative expense claims, defense of prepetition preference claims and objections to dischargeability of debts and discharge of debtor. In addition, he has been involved in lease assumptions and rejections, the purchase of assets in bankruptcy, filing of involuntary bankruptcy petitions and has served as a member on various creditors committees.
Rick has also been a significant advocate and participant in the enactment of various state laws. He was an advocate with respect to the enactment of Public Act 186 (2004) amending MCL 600.3204(3) regarding assignment provisions related to foreclosure by advertisement (record chain of title shall exist prior to the date of sale evidencing the assignment of the mortgage to the party foreclosing the mortgage) in 2004. He was also a major advocate in the passing of Public Act 483 (2006) amending MCL 207.5575 providing for the retroactive amendment of an industrial facilities tax certificate. Rick was also involved in the passage of Public Acts 505 and 506 (2008) amending MCL 211.7q and 211.7a, respectively, regarding property tax exemptions and acreage limitations on exemptions for the Girl Scouts of Southeastern Michigan and certain similar organizations and transfer of property by certain nonprofit corporations. Rick testified at two hearings on the Bills in 2008 before two legislative committees in support of the underlying exemption bills. Finally, Rick advocated in favor of the enactment of Public Act 346 (2010) (MCL 206.435) and Public Act 347 (2010) (MCL 206.921 – .926) regarding the Girl Scouts of Michigan Fund and Girl Scouts income tax checkoff.
For 12 years Rick defended dozens of mid-Michigan townships and counties in the first wind energy system (wind turbine) personal property tax appeals filed in the Michigan Tax Tribunal. Rick has considerable experience in the Michigan Tax Tribunal regarding commercial tax appeals, including exemption issues.
He has also been involved in a wide variety of arbitrations, including the termination of a coal handling agreement, stock sale and shareholder earn-out, termination of an apartment cleaning contract, fraud and accounting, lease termination, restoration of and reasonable wear and tear to manufacturing facility and trespass and violation of condominium master deed and bylaws. Rick also initiated an international arbitration in Paris, France regarding a breach of contract claim for delivery of industrial furnaces in Egypt.
Rick has been actively involved with the Girl Scouts of Southeastern Michigan (including former Girl Scouts of Metro Detroit) since 2002. He was a Member-at-Large of the Board of Directors from 2009 to 2017 and served as the Chair of the Property Task Group from 2009 to 2017. In 2007 Rick became a member of the Girl Scout’s Council Realignment Committee (CRC) pertaining to the merger of four existing councils. He implemented the long-range property planning process involving 70+ participants who assessed GSSEM’s current substantial real estate assets. Rick was a Member-at-Large of the Board of Directors of the Girl Scouts of Metro Detroit from May of 2002 to 2008 and was Vice Chair of the Girl Scouts of Metro Detroit from 2007 to 2009. He also chaired the Strategic Planning Committee for the Girl Scouts from 2003 and was elected to its Executive Committee in 2003.
