In my April 18th post, I discussed the recent trend of municipalities enacting ordinances designed to give their code enforcement liens “superpriority” over prior-recorded mortgages. Basically, the municipalities have sought...more
5/21/2013
- Liens Local Ordinance Mortgages Municipalities Property Tax
I have recently encountered several situations in which local governments are claiming, under ordinances they have enacted, that their liens and fines have “superpriority” status over existing mortgages, regardless of when...more
4/19/2013
- Liens Mortgage Priority Mortgages Municipalities
Lenders holding second mortgages will, assuming the first mortgage is in default, face decisions as to how to best protect their interests in the property. These questions typically come to the forefront when the first...more
3/5/2013
- Foreclosure Mortgage Priority Mortgages
This article is an update of an article which some of our blog readers may have received by email. Based on recent experience that I have had with this statute in circuit court, I have revised the original article....more
1/29/2013
- Foreclosure Mortgages
Recently, The Wall Street Journal published an editorial discussing the status of mortgage foreclosure litigation. The purpose of the article was to extol the alleged benefits of non-judicial foreclosure over judicial...more
1/15/2013
- Foreclosure Mortgages Non-Judicial Foreclosures
The importance of demonstrating legal standing as a condition precedent to filing a mortgage foreclosure lawsuit cannot be overstated. In simple terms, “standing” refers to one’s legal right to bring a lawsuit....more
12/6/2012
- Foreclosure Mortgages Standing