Perspectives

When you’re buying a home, it’s easy to get swept up in the excitement of paint colors, neighborhoods, and mortgage approvals. But there’s one crucial piece of the puzzle that can make or break your ownership: the title. 

A home’s title is the legal documentation that proves you own the property-and it must be clean and clear for the sale to go smoothly. Unfortunately, title issues are more common than you might think. And if they’re not caught early, they can lead to serious legal and financial consequences down the road. Here’s what every homebuyer-and homeowner- needs to know to avoid title trouble.

What is a Title, and Why Does it Matter?

The title to a property is your legal claim to ownership. It includes a history of who has owned the property, any legal claims made against it (like mortgages or liens), and rights of access or use (like easements).

If the title isn’t clear, you could end up buying someone else’s legal problems-like unpaid taxes, surprise ownership claims, or even disputes over property lines.

Common Title Issues that Can Derail Your Deal

• Unpaid Liens or Judgments: Contractors, the IRS, or previous lenders may have placed liens on the property for unpaid debts-and those liens don’t disappear just because you buy the house.
• Boundary Disputes: A fence that’s off a few feet can become a big legal problem if neighbors disagree about where the property line actually is.
• Forgery or Fraud in Past Transfers: If a previous deed was forged or transferred without proper authorization, you could find your ownership challenged.
• Heirs or Co-Owners You Didn’t Know Existed: Sometimes, long-lost heirs or former co-owners come forward claiming they have a legal right to the property, even after you’ve closed.
• Easments or Access Rights: Utility companies, neighboring properties, or the public may have access to part of your land-sometimes without your knowledge.

How to Protect Yourself: Legal Best Practices

Work with a Real Estate Attorney: While title companies handle much of the due diligence, an attorney can review your title report and contract to ensure your legal interests are fully protected.

Always Get Title Insurance: Title insurance protects you from financial loss due to title defects. A one-time payment at closing covers you as long as you own the home.

Request a Detailed Title Search: Make sure your title company does a full search, not just a quick scan. Ask to review the report-and have an attorney explain anything that’s unclear.

Understand What Title Insurance Does (and Doesn’t) Cover: Not all title insurance policies are the same. Some don’t cover zoning issues, post-purchase boundary disputes, or problems that arise after construction. Know what’s in your policy.

Resolve Issues Before Closing: If the title search uncovers red flags, don’t rush forward. Work with your attorney to clear them-or walk away if they can’t be resolved.

Already a Homeowner? Here’s What to Watch For

Even if you’ve already closed, it’s smart to keep an eye on your property’s legal status. For example:

• Double check that your deed was properly recorded with the county
• Watch for any legal notices or tax issues involving your property
• If you add someone to your deed, consult a lawyer to avoid unintended consequences

When to Talk to a Lawyer

A real estate attorney isn’t just helpful during closing, they’re essential if:

• You’re buying a home with a complex history or shared ownership

• The title report shows unresolved liens, easements, or legal claims

• You’re facing a dispute with a neighbor or HOA over property boundaries

• You’re selling your home and need to ensure a clean transfer

Conclusion: Your Dream Home Deserves a Clean Title

You’re investing a lot—emotionally and financially—when you buy a home. Don’t let hidden legal problems sneak in through the fine print. Taking the right steps now can save you years of legal headaches and financial loss later.

If you’re buying, selling, or just want peace of mind about your home’s legal standing, contact our real estate attorneys today. We’re here to protect your investment—so you can focus on making your house a home.

If your business offers subscription services, auto-renewing memberships, or any type of recurring billing program-whether to consumers or other businesses-change is coming. And it’s coming fast. 

Starting July 14, 2025, the Federal Trade Commission’s (FTC) new Click-to-Cancel Rule will take effect, creating significant compliance obligations for companies that utilize what the agency calls “Negative Option Features”. This new rule is designed to make it just as easy for customers to cancel a subscription as it was to sign up in the first place-and failure to comply will lead to regulatory scrutiny.

At WFJ, we’re tracking developments because we understand how quickly evolving federal rules can impact your day-to-day operations. Below, we break down what the Click-to-Cancel Rule requires and what steps your business should be taking now to prepare.

What is a “Negative Option Feature”?

A Negative Option Feature is a provision in a contract where a customer’s silence or inaction is interpreted as acceptance or continuation of a recurring service or payment. Think of automatic renewals, continuity plans, or free-to-paid trial conversions.

The FTC’s new rule applies broadly-to both business-to-consumer (B2C) and business-to-business (B2) transactions.

What Does the Rule Require?

The rule has three core requirements, two of which go into effect on July 14, 2025. The third requirement is already enforceable.

1.Simple Click-to-Cancel Mechanisms

Effective July 14, 2025

If your business allows customers to sign up for a subscription online, you must also allow them to immediately cancel it online-with no unecessary hurdles.

• Online Cancellations must be easy to find and use. If a customer signed up without talking to a representative, they cannot be required to speak with one to cancel.
• Telephone cancellations must be handled promptly, during normal business hours, and can not cost more than the initial call.
• In-person cancellations can’t be the only cancellation method-even if the original sign-up was in person.

Bottom line: The cancellation process must be as easy as the sign-up process. 

2.Clear Disclosures of Material Terms

Effective July 14, 2025

Before you collect billing information, you must provide clear and conspicuous disclosures, including:

• That charges will occur and may increase after trial periods
• How and when customers can cancel
• The cost and frequency of recurring charges
• The cancellation method required under the new rule

These disclosures must appear immediately next to the consent mechanisms and before the customer agrees to the terms.

3.No Misrepresentations

Already in effect

The rule prohibits misrepresenting any material fact about your recurring service-including:

• The cost
• The cancellation process
• The nature or effectiveness of the service
• Any aspect likely to influence a customer’s purchasing decision

If it could affect someone’s choice to sign up or continue a service, it must be stated truthfully and clearly.

Why This Matters Now

Although some aspects of the rule won’t be enforceable until mid-2025, the FTC has already made it clear that transparency and fairness in subscription-based services are a top enforcement priority. With the July 14 deadline approaching, busineses should begin reviewing customer onboarding flows, updating cancellation procedures, and ensuring disclosures meet the new standards. 

It’s also important to note that state laws may impose stricter requirements, and complying with federal rules doesn’t guarantee compliance at the state level.

How WFJ Can Help

At Wagner, Falconer & Judd, our attorneys and Compliance Center team are dedicated to keeping businesses like yours ahead of the curve when it comes to legal and regulatory changes. We know that each business model is different-and compliance isn’t one-size-fits-all.

Whether you need a comprehensive reivew of your current subscription practices, help drafting compliance disclosures, or advice on how this rule interacts with your state’s laws, we’re here to guide you every step of the way.

Reach out to WFJ’s Compliance Center today to ensure your business is ready for the Click-to-Cancel rule and stays compliant.

Starting and running a small business comes with many challenges, but by following key best practices, you can set yourself up for success and minimize legal and financial risks. This guide provides actionable insights to help small business owners and aspiring entrepreneurs navigate common pitfalls and build a strong foundation for growth.

Register Trademarks and Copyrights

Why it Matters: Your brand name, logo, and creative works define your business identity. Protecting these assets prevents others from using them without your permission.

Action Steps:

• Conduct a trademark search to ensure your business name is available
• File for trademark protection with the U.S. Patent and Trademark Office
• Register copyrights for original content, such as websites, marketing materials, and product designs

Draft Strong Contracts

Why it Matters: Clear, legally sound contracts reduce disputes and provide protection in case of disagreements with employees, vendors, or clients.

Action Steps:

• Work with an attorney to draft customized agreements
• Ensure contracts cover key terms like payment schedules, deliverables, and termination clauses
• Regularly review and update contracts as your business evolves

Comply with Employment Laws

Why it Matters: Failing to comply with wage, hour and anti-discrimination laws can lead to lawsuits and penalties.

Action Steps:

• Stay informed on federal, state, and local labor laws
• Establish clear policies on wages, overtime, and employee classification
• Provide anti-discrimination and harassment training for employees

Get Proper Business Insurance

Why it Matters: Insurance protects your business from financial losses due to accidents, lawsuits, and unforseen events.

Action Steps: 

• Obtain general liability, professional liability, and worker’s compensation insurance
• Review coverage annually to ensure it meets your business needs
• Work with an insurance expert to identify additional risks specific to your industry

Stay Compliant with Tax Laws

Why it Matters: Failure to meet tax obligations can result in penalties and audits.

Action Steps: 

• Work with a CPA to ensure compliance with federal, state, and local tax requirements
• Keep accurate financial records to streamline tax filing
• Plan for estimated tax payments to avoid year-end surprises

Use a Compliance Partner

Why it Matters: Regulations change frequently, and staying compliant can be complex.

Action Steps: 

• Partner with a law firm or compliance expert to stay ahead of regulatory changes
• Schedule regular compliance audits
• Implement policies and training to ensure ongoing adherence to laws

Separate Business and Personal Finances

Why it Matters: Mixing business and personal finances can create tax issues and legal liability.

Action Steps: 

• Operate separate business bank accounts and credit lines
• Track your business expenses separately for accurate financial reporting
• Pay yourself a salary rather than withdrawing money directly from business accounts

Have Clear Payment Terms

Why it Matters: Updaid invoices can hurt cash flow and profitability.

Action Steps: 

• Require upfront deposits for services or large orders
• Include clear payment terms in contracts
• Implement late payment policies and enforce them consistently

Create an Employee Handbook

Why it Matters: An employee handbook sets clear workplace policies, reducing confusion and disputes.

Action Steps:

• Outline expectations, workplace rules, and disciplinary procedures
• Include policies on harassment, benefits and time off
• Have employees sign an acknowledgment of receipt

Monitor Cash Flow and Financial Health

 Why it Matters: Poor cash flow management can lead to business failure.

Action Steps:

• Regularly review financial statements
• Track income and expenses to detect inefficiencies
• Work with a financial professional to create a budget and forecast future financial needs

Work with a Trusted Law Firm

Why it Matters: Proactive legal counsel can help prevent costly issues before they arise.

Action Steps:

• Establish a relationship with a business attorney early on
• Consult legal counsel before signing
• Stay informed about industry-specific legal requirements

By implementing these best practices, small business owners can mitigate risk, improve financial stability, and position their businesses for long-term success. Proactive planning and professional guidance are key to navigating the complexities of entrepreneurship. To learn more about the strategic partnership Wagner, Falconer & Judd offers business clients, reach out today!

Minnesota employers, change is coming-and it’s time to prepare. Begining in 2026, the state’s new Paid Family and Medical Leave (PFML) program will provide workers with paid time off for life events like bonding with a new child, recovering from illness, or caring for a loved one. If you’re feeling overwhelmed by the details, you’re not alone. At Wagner, Falconer & Judd, we believe in simplifying the complex, so here’s what you need to know.

The Basics: What is PFML?

Minnesota’s PFML law, passed in 2023, is a state-run insurance program that provides up to 20 weeks of paid leave per year for qualifying family or medical reasons.

• Contributions Start: January 1, 2026
• Benefits Available to Employees: January 1, 2026
• Administered by: The Minnesota Department of Employment and Economic Development (DEED)

Employer Responsibilities: What You Need to Do

Here’s your action list:

Submit Wage Reports: Starting October 31, 2024, you must file quarterly wage detail reports.

Start Payroll Deductions: Contributions being January 1, 2026. Employers and employees share the cost-each typically pays 0.44% of wages (for a total of 0.88%).

Post Notices: You’ll be required to post workplace notices and distribute individual notifications by December 1, 2025.

Maintain Coverage: While an employee is out on PFML, you must maintain their health insurance.

WFJ Tip: Employers can opt out of the state program if they offer a private plan that meets state standards.

Eligibility: Who Qualifies?

Covered Employers

If you employ at least one person in Minnesota, even remotely-you’re subject to the PFML law.

Covered Employees

To qualify for benefits under the Minnesota PFML program, employees must meet all of the following:

• Earn at least 5.3% of the state’s average annual wage in the year prior to the leave (about $3,781.23 in 2024)
• Perform at least 50% of their work in Minnesota, or if no single state meets the 50% threshold, the employee must live in Minnesota and perform some work here
• Be a current employee, or in some cases, a former employee separated from employment for less than 26 weeks
• Provide appropariate notice and documentaiton for the leave requested

This includes full-time, part-time, seasonal, and temporary employees.

Remote Employees Count Too: Even if your company is based out of state, if you have just one employee working remotely in Minnesota, that employee is eligible and your business must comply .

Independent contractors are not eligible under the employer’s PFML contributions-but they may opt into the program on their own.

What Leave is Covered?

There are two main types of leave under PFML:

• Medical Leave (up to 12 weeks): For the employee’s own serious health condition
• Family Leave (up to 12 weeks): For bonding with a new child, caring for a family member with a serious condition, addressing a military exigency, or taking safe leave.

Combined Cap: An employee may take up to 20 total weeks of paid leave per benefit year.

Intermittent Leave: Leave can be taken in small blocks (e.g., a few hours or days at a time), with a cap of 480 hours per year for intermittent use.

Reporting and Payroll Deductions: What Goes Where?

Here’s what you’ll need to track and report:

• Quarterly wage detail reports to the state
• Employee payroll deductions (starting in 2026)
• Coordination with PTO/STD: If an employee is also receiving short-term disability (STD) or using PTO, you must report it. Benefits are adjusted to avoid duplication.

Payroll systems must be updated to reflect PFML deductions and payments on employee earning statements.

How Does PFML Work with Other Benefits?

One of the biggest questions we hear from employers is: How odes this fit with the FMLA or other leave policies?

• PFML and FMLA run concurrently when applicable. If an employee qualifies for both, they can’t stack one on top of the other.
• Job protection under PFML kicks in once an employee has worked 90 consecutive days. 
• Employees can use PFML intermittently, but you may limit them to 480 hours of intermittent leave per year.

If you already offer parental leave or short-term disability, PFML doesn’t cancel them out-ut it will likely require coordination to avoid overpayment or compliance gaps.

Private Plans: Is It Worth Opting Out?

Some employers choose to offer a private plan instead of participating in the state-run program. To qualify, your plan must:

• Offer benefits at least equal to those provided by the state
• Be approved by the Minnesota Department of Employment and Economic Development
• Be monitored to ensure compliance

Benefits of a private plan may include faster claims processing, better integration with existing policies, and more administrative control. \

Penalties and Enforcement

Don’t ignore this law. Employees can sue to enforce rights under PFML, and employers can face penalties between $100 and $10,000 per violation. Retaliation against employees who request or take this leave is strictly prohibited.

Your Next Steps

Here’s how to get ready now:

✅ Audit Your Workforce: Identify who may be eligible based on wage and work location
✅ Evaluate Current Leave Policies: Understand where PFML overlaps or conflicts
✅ Update Payroll Systems: Prepare for future contributions and reporting
✅ Plan Your Communications: Clear employee education is critical
✅ Consider Private Plan Options: If you want more control, explore alternatives

Need Help Making Sense of PFML?

At Wagner, Falconer & Judd, we’re here to help you prepare for changing laws with confidence-not confusion. From policy reivew to training your HR team, our attorneys can help you navigate the new law while protecting your business.

Contact us today to ensure you’re ready for Minnesota PFML in 2026-and beyond. 

Chasing down overdue payments can drain valuable time and resources. You’re balancing the need to maintain customer relationships with the hard reality that unpaid invoices impact cash flow and threaten financial stability. That’s where WFJ comes in.

Working with a legal team for collections-rather than a traditional agency-gives you a strategic edge. At Wagner, Falconer & Judd, our collection services combine the power of proactive outreach with the legal backing you need to get paid.

Here’s how our process works and why it adds value at every step.

A Transparent, Legal-First Process from Day One

When you place an account with WFJ, whether by email or through our secure portal, our team immediately gets to work. Within 24 hours, a written demand is sent on your behalf. This first step signals to your debtor that the matter is now in the hands of a law firm-often motivating a quicker resolution.

Ongoing Contact from Experienced Collectors

Our collectors begin calling the debtor right away and continue making 2-3 calls each week. These calls are more than just reminders-they’re strategically crafted conversations backed by a legal presence, designed to move the conversation toward resolution.

Full Control Over Payment Plans & Settlements

All payment plan proposals or settlement offers go directly to you for approval. We don’t accept anything without your say-so. This ensures you retain control of the terms and can align payment solutions with your broader financial strategy.

Prompt Remittance

Once a payment is received, it’s held in our trust account for three weeks. After that, you’ll receive a remittance check for the full amount collected, minus any agreed-upon fees. You get clear, timely disbursements and detailed documentation for your records.

Final Demand Letters & Legal Escalation

If the account remains unresolved after initial outreach, we send a final demand letter within 30 days of placement. If further legal action is needed, our attorneys may recommend retaining local counsel and proceeding with a lawsuit. We’ll walk you through the cost and timeline (typically 7-10 days to file after your approval.)

Clear Closure or Collection Outcomes

Whether an account is paid in full, sent to suit, or utimately deemed uncollectible, we keep you informed every step of the way. You’ll always know where things stand-and when to write off the debt if necessary.

Why Legal Collections Matter

Working with a law firm like WFJ means more than just persistent follow-up. You get:

• Increased credibility- Debtors are more responsive when they know an attorney is involved.
• Custom Strategy– We tailor each case to your goals, not just a quota.
• Legal Recourse– When necessary, we’re ready to take action beyond what traditional agencies can offer.

If you’re ready to collect what you’re owed while preserving customer relationships and maintaining legal protection, we’re ready to help. Connect with us today to place an account or learn more about how our collections team can support your bottom line.

Ready to get started?

In honor of Small Business Month, WFJ is highlighting the legal guidance that helps small businesses thrive by sitting down with employment and labor law attorney, Bridget Finn. Known for her collaborative, solutions-oriented style, Bridget works closely with small business owners to help them navigate the complex world of employment law with clarity and confidence. In this interview, she shares her perspective on the value of early legal planning, the most common compliance missteps she sees, and practical steps business owners can take—even without an in-house HR team—to build strong, compliant workplaces.

What’s your favorite part about working with small business clients?

What I value most about working with small business clients is having the opportunity to work with leaders on a variety of issues from start to finish and offering solutions along the way.

If you could give one piece of legal advice to someone starting a new business, what would it be?

I would advise new business owners to recognize the importance of establishing policies early on, as they provide a solid foundation for how operations should be managed. Consulting with professional legal experts at the outset of a business venture will yield significant benefits in the long term as you are getting ahead of any possible legal and employment issues that might come up down the line.

What are some of the most common mistakes you see small businesses make when it comes to employment law?

A common mistake many small businesses make is failing to maintain proper records or documentation of policies, procedures, and incidents. It’s crucial to document these details so that you have a reliable reference to look to when you are busy managing the day-to-day business operations.

What’s one thing business owners often overlook in their employee handbooks or workplace policies?

One key aspect employers often overlook in their employee handbooks or policies is ensuring they are regularly updated to reflect changes in local, state and federal laws, as legal requirements are constantly evolving. The handbook should be viewed as an evolving document that should be adapted as time goes on.

How can small businesses stay compliant with employment laws without having a full in-house HR team?

Small businesses should take full advantage of the resources offered by the Compliance Center, including legal advice, policy and handbook drafting, as well as many other resources that provide summaries and updates on legal developments.

What’s one of your favorite small businesses?

One of my favorite small businesses is FRGMNT Coffee.

In part one, we explored how UCC filings protect creditors by securing interests in business property. Now let’s unpack the legal mechanics of priority, enforcement, and how real-world business events like bankruptcy or acquisition can impact your rights as a secured party.

Who Gets Paid First? Understanding Priority

In a default situation, the UCC provides a clear general rule: First to perfect, first in line. That means the creditor who files first (and correctly) will have top priority among secured parties.

However, there’s a key exception: Purchase Money Security Interests (PMSIs). If the PMSI holder properly files and notifies other creditors before the debtor takes possession of the collateral, they can jump ahead in the priority line-even if others filed earlier.

Enforcement of Security Interests

Once a debtor defaults, a creditor’s rights are triggered. Here’s how enforcement works under Article 9:

• Notice and Surrender: The creditor must notify the debtor and seek voluntary surrender of the collateral.
• No “Breach of Peace”: Repossession must be peaceful. If the debtor refuses, the creditor must pursue judicial remedies.
• Sale of Collateral: Once in possession, the creditor may sell the collateral to recoup the owed balance, in accordance with UCC requirements for commercial reasonableness.

What Happens in Bankruptcy?

If the debtor files for bankruptcy, having a perfected UCC-1 ensures secured creditor status-but that doesn’t mean full recovery is guaranteed. If the value of the collateral is depleted or prior creditors exceed the available equity, you may still end up unsecured.

Subordinations: When You’re Asked to Step Aside

Sometimes a third-party creditor (often a bank) will request a subordination agreement. This means you agree to place your security interest behind theirs, allowing them to take priority. While this may help the debtor access additional capital and keep operations running, reviewing the terms carefully and reassessing your collateral’s status is critical.

Assignments, Amendments, and Business Changes

Mergers and acquisitions complicate collateral rights. If Company A acquires Company B, UCC filings may remain enforceable-if the collateral description allows for successors and assigns. In these cases, the original filing date holds, maintaining your priority.

If your business changes names, locations, or undergoes restructuring, updating the UCC-1 through assignments or amendments is essential to avoid lapses in perfection.

Final Thoughts

For finance professionals, a strong understanding of UCC filings isn’t just a box to check-it’s a proactive step in managing credit risk. Whether you’re reviewing credit applications, extending financing, or considering subordination, a properly filed UCC-1 can protect your interests and prioritize your right to recovery.

At Wagner, Falconer & Judd, our team helps simplify the complexities of commercial lending. If your company is navigating secured transactions, we’re here to review your filings, draft enforceable agreements, and ensure your position is protected.

Ready to safeguard your assets? Contact us today.