Liens, Foreclosure | JD Supra Law News

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

by Michael Starks, Sarah-Nell Walsh | Baker, Donelson, Bearman, Caldwell &... on 5/22/2013

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on...more

State Law Update: Indiana Amends Lien Release Provisions

by BuckleySandler LLP on 4/18/2013

On April 1, Indiana enacted a bill to retroactively amend certain lien release provisions. The bill, HB 1079, provides that if the record of a mortgage or vendor’s lien was created before July 1, 2012 and does not show the...more

Burr Alert: Hop, Skip And Jump Through The Thorns Of Justice

by Joseph King | Burr & Forman on 3/27/2013

Every so often, we might not realize that, by our actions, we are doing exactly what the opposing party wants us to do. Perhaps we do not have an appropriate amount of time for each and every decision to consider ‘the forest’...more

Mortgage Banking Update - March 21, 2013

by Richard J. Andreano, Jr., Stefanie Jackman, Bruce Johnson, Anthony Kaye, Barbara S. Mishkin, Allison Mollenhauer, Amy Mushahwar, Burt M. Rublin, Trevor Salter, Matthew Saunig, more +John D. Socknat, Mercedes Kelley Tunstall, Abran Vigil, Michael S. Waldron, Shane Jasmine Young | Ballard Spahr LLP on 3/21/2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures

by Bruce Johnson, Abran Vigil | Ballard Spahr LLP on 3/20/2013

In recent months, homeowners associations (HOAs) in Nevada have been foreclosing on their liens for delinquent assessments. HOAs are a part of everyday life for homeowners and lenders in Nevada, but the recent trend of HOA...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

by Edward McCreery III | Pullman & Comley, LLC on 2/14/2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Turnabout Is Fair Play: Homeowners Association Forecloses On Bank

by Win Mims | Jeff Field & Associates on 1/4/2013

A recent report entitled, "Florida Homeowners Foreclose On Deadbeat Banks", provides an interesting and unusual commentary on one effect of the on-going "soft" real estate market, especially for an "REO" property which the...more

Should a Lender Obtain an Owner’s Title Insurance Policy after Foreclosure?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 11/13/2012

In a time when foreclosures are all too common, many secured lenders end up taking title to the real properties securing their loans. One of the questions, then, is should a lender obtain an owner’s title insurance policy or...more

Can You File A Mechanics Lien Foreclosure Lawsuit Without An Attorney?

by Zlien on 11/12/2012

If unpaid on a construction project filing a mechanics lien is a best-practice, as mechanic liens are usually successful at getting construction debts paid. In fact, based on a survey we conducted last year, over 64% of...more

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