Elizabeth Hamrick

Elizabeth Hamrick

Bradley Arant Boult Cummings LLP

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Latest Publications


Ninth Circuit Denies Motion to Dismiss and Motion to Stay Publication of Decision Holding Nevada HOA Super-Priority Lien Statute...

As we have previously covered in a series of blog posts, the Nevada Supreme Court held in September 2014 that Nevada Revised Statute chapter 116 allows homeowners’ associations (HOAs) to non-judicially foreclose on homeowners...more

10/26/2016 - Appeals Diversity Jurisdiction Due Process Foreclosure Homeowners' Association Junior Liens Mortgage Lenders Motion to Dismiss Motion To Stay Non-Judicial Foreclosures NV Supreme Court Stare Decisis Super Priority

Nevada Supreme Court Strikes Significant Blow Against HOA Super-Priority Foreclosure-Sale Purchasers

In September 2014, the Nevada Supreme Court held that an HOA could foreclose on its nominal super-priority lien and extinguish a senior mortgage in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., a ruling that initially...more

8/15/2016 - Bona Fide Purchaser Foreclosure HOA Mortgage Lenders NV Supreme Court Super Priority Tender Offers

New Law Affects the Timeframe to Cancel Mortgages in Florida

Effective July 1, 2016, lenders will have less time to cancel a mortgage in Florida once it is paid in full. Furthermore, open-end mortgages must now be cancelled within a specified time of the borrower’s request for...more

3/22/2016 - Cancellation Rights Mortgage Lenders Mortgages

Nevada State Court Ruling on Application of HERA to HOA Foreclosure Sales Holds Promise for Lenders and GSEs

The first Nevada state court ruling on the federal Housing and Economic Recovery Act (HERA) holds that a deed of trust owned by a GSE cannot be extinguished by a homeowners’ association’s (HOA) foreclosure sale, a promising...more

1/4/2016 - Action to Quiet Title Deed of Trust Foreclosure Sales GSE HERA Homeowners' Association Preemption Super Priority

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

2/8/2013 - CERCLA Commercial General Liability Policies Contaminated Properties Duty to Defend Environmental Remediation Costs EPA PRP Letter Superfund

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more

1/16/2013 - CERCLA Contaminated Properties Duty to Defend EPA Liability Insurance Notice Requirements PRP Letter Superfund

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