CIVIL LITIGATIONBack to Top

Farina Wojcik has been selected by several financial institutions, businesses and individuals to represent them in significant disputes involving banking law issues, real estate and commercial litigation. We are ready to try cases when necessary however trials are often times expensive solutions to resolve disputes.

The success of our clients to sometimes complex legal disputes rests on our ability to create thoughtful cost effective solutions. Our approach to litigation is to always try to treat expenditure of monies on legal fees by our client as if we are spending our own monies. As a result of our taking this approach, a significant part of our time is focused on the evaluation of options and alternatives including alternative dispute resolution. By taking this more comprehensive approach to evaluating litigation options, our clients benefit from both a balanced approach to risk management and cost effective management of their legal fees.

BANKING LITIGATION

On a regular ongoing basis we regularly represent a select number of financial institutions as one of their regular outside counsel in addition to serving as local counsel on a selected matter for an out of state financial institution. Our representation of financial institutions includes both consumer and commercial foreclosures, loan workouts, replevin actions, domestication and enforcement of foreign judgments and the prosecution and defense of claims involving the Uniform Commercial Code. We appear on a regular basis in the United States Bankruptcy Courts to preserve and advance the claims of our bank clients as secured lenders against competing creditor claims.

COMMERCIAL LITIGATION

Consistently we are asked to represent businesses and individuals in business related disputes involving real estate, breach of contract, collection and mechanics lien matters. Consistent with our overall philosophy toward litigation, we attempt to act in an expeditious manner to advance the interests of our clients by positioning their claim in a senior position to assure the collection of monies owed to them. To achieve this type of result often times requires an experienced legal staff moving in tandem in multiple jurisdictions advancing a consistent legal strategy simultaneously.

BANKING & COMMERCIAL SERVICESBack to Top

COMMERCIAL & CONSUMER FORECLOSURE

Since the inception of our firm we have regularly represented credit grantors in the collection of their problem accounts and have worked with our credit grantor clients and their customers in work out negotiations. Our client representation in this area includes regional, local and out of state financial institutions, divisions of nationally known publicly traded companies and regional businesses in the construction material supplier industry. Our services in representing these clients includes:

  • Preparation, filing and enforcement of mechanics lien claims including challenging the lien claims of others in order to improve the position of our clients against competing lien claimants.
  • Domestication and foreclosure of both local and foreign judgment liens
  • Consumer and commercial mortgage foreclosures in accordance with the respective state law in a manner that is cost effective and expeditious, including negotiations with competing secured and unsecured lien holders. Strategies employed in this area include deeds in lieu of foreclosure, forbearance agreements, temporary standstill agreement and bankruptcy reaffirmation agreements.
  • Counseling clients on their legal options as both a secured and unsecured or partially secured creditor on such topics as bankruptcy, post foreclosure redemption options and termination of tenancies on properties being foreclosed upon.

COMMERCIAL AND CONSUMER COLLECTIONS

The collection of delinquent consumer and commercial accounts is the foundation of this practice group. Our very experienced collection staff use of an automated collection file management system that consistently monitors and advances both consumer and commercial files placed with our firm enables our clients to recover hundreds of thousands of dollars in charged off accounts each year. On a monthly basis we appear in several state courts to collect delinquent accounts and to enforce judgments previously obtained on behalf of Farina & Wojcik clients.

CREDITOR REPRESENTATION IN BANKRUPTCY COURTS

Farina & Wojcik regularly appears in U.S. Bankruptcy Courts representing credit grantor clients in bankruptcy court proceedings involving the bankrupt customer of the client. This type of representation involves the abandonment of a selected assets by the bankruptcy estate thereby enabling our client to proceed forward with their foreclosure action, bankruptcy claims representation and the of credit grantor clients who are the victims of financial fraud thereby requiring the pursuit of an adversary proceeding in bankruptcy court to avoid the discharge of the debt owed to our client.

REAL ESTATEBack to Top

The experience of the Farina & Wojcik real estate staff encompasses virtually every aspect of a real estate transaction including the acquisition, disposition, sale and leasing of properties. In addition to providing these types of real estate transactional services we are regularly involved in the negotiation of real estate contracts, resolving real estate zoning, tax assessment and tax appeals issues.

REAL ESTATE ACQUISITION AND DISPOSITION

Farina & Wojcik regularly represents a broad range of purchasers and sellers of real estate. The scope of our services in this area involves contract review, negotiation of contract terms, resolution of title insurance issues and exceptions, zoning and real estate tax appeals and tax deferred sales transactions. We have long standing relationships with experienced professionals in the areas of real estate sales, financing, inspection and construction.

REAL ESTATE TAX APPEALS

As part of our real estate practice we are regularly engaged in appealing assessments of real estate in both Michigan and Indiana. Our representation in tax appeals begins at the local level and extends up to and including the appellate level.

REAL ESTATE ZONING

Farina & Wojcik regularly represents clients who seek to use their property in a manner that is not specifically allowed by the local zoning ordinances which thereby requires the obtaining of a building variance. Our representation in seeking variances includes appeals to the Circuit court level should we not be successful at the local level.

REAL ESTATE CONTRACTS

In a typical real estate purchase or disposition contract Farina & Wojcik is regularly requested to review a proposed real estate contract as part of the attorney review process. In new construction of residential structures there are times where we are asked to not only prepare but also to assist in the negotiation and preparation of a real estate construction contract. In the negotiation and preparation of these building construction contracts our goal is to safeguard the investment of our clients monies through the inclusion of the appropriate contractual language and provisions so the financial risk to our clients is properly managed against occurrences such as contractor non performance and mechanics lien claims by unpaid subcontractors and material suppliers.

REAL ESTATE LITIGATION

Farina & Wojcik regularly represents clients in real estate litigation disputes. The underlying cause of these disputes include but are not limited to breach of contract claims, partition lawsuits to divide or force the sale of property between two or more tenancy in common owners and lawsuits involving building contractors.

ESTATE PLANNINGBack to Top

The role of an estate planner is to assist in the transfer of a client’s wealth in a sensible tax efficient manner through properly prepared documents. An effective estate plan begins well in advance of death. Lifetime planning is the key to a successful estate plan. Since there have been so many changes in the federal estate tax laws over the past ten years it is important to have not only tax sensible documents but also documents that incorporate flexibility in design to accommodate the changing tax laws. Estate and income taxes can be minimized or possibly avoided through the use of such techniques as annual exclusion gifts, generation skipping transfers, trusts with Crummey powers, qualified personal residence trusts, Coverdell Education Savings Accounts, 529 Plans, qualified terminable interest trusts, irrevocable life insurance trusts and other estate planning alternatives.

As part of the lifetime plan for our individual clients we assist in the preparation of durable and health care powers of attorneys well in advance of when these documents may be needed to be put to use. We believe that it is very important to take a proactive role in planning not only for wealth transfer but also for those unforeseen situations when there is a sudden change in the physical health or well being of a client in an attempt to avoid the expense and timing delays associated with guardianships.

Properly prepared estate planning documents can protect the surviving spouse, children and future generations of the client from needless exposure to estate taxes, claims of creditors and divorce.

ESTATE AND TRUST ADMINISTRATION

We advise the Personal Representatives and Trustees regarding their fiduciary duties in the administration of the estate or trust. The scope of these services include valuation of assets, resolution of and possible negotiation of claims against the estate, filing of probate proceedings, preparing income and principal accounts of revocable trusts and communications with estate beneficiaries. As part of our services we review if there are options that can be employed post-mortem to minimize any post death tax liability.

BUSINESS LAWBack to Top

Our attorneys regularly provide legal and business advice to our clients and assist them with their day to day business requirements. We represent entrepreneurs and individuals whose businesses have evolved during the course of our representation from small local operations to multi state operational organizations.

FORMATION OF CORPORATIONS, PARTNERSHIPS and LLCs

We have experience in organizing all forms of business entities including corporations, limited liability companies and partnerships. As part of our business law services we draft and review business contracts, maintain corporate records and advise the owners and management of closely held businesses. We pride ourselves in our ability to listen to the client’s ides and goals and then outline a client specific plan to attain the desired result.

CORPORATE COUNSELING

As business advisors to small closely held businesses, we regularly engage in the practice of providing seasoned advice to our small business owner clients including a thorough evaluation of legal, business and financial options available as part of the decision making process. We attempt to counsel our business clients using an approach of evaluating options in terms of risk management and not necessarily total risk avoidance as most business owners and their counsel recognize there is daily risk in the ownership and management of nearly all businesses.

BUSINESS ACQUISITION AND DISPOSITION

Our attorneys are involved in the acquisition or disposition of business interests by our clients from the purchase of sale of small professional practices and single purpose business entities to the acquisition of multi-state manufacturing entities. Working together with the other professional advisors of our clients we assist in the drafting and negotiation of agreements that are most feasible from a tax savings and financial leverage perspective.

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