News & Analysis as of

Liens Junior Liens

Obermayer Rebmann Maxwell & Hippel LLP

Night of the Living Debt

It’s the stuff of nightmares.  You think you have cleared all of the debt on your home when it goes into foreclosure, only for that debt to crawl up years later and attack you....more

Ward and Smith, P.A.

The Case of the Inexcusably Ignorant Refinance Loan

Ward and Smith, P.A. on

A recent decision from the North Carolina Court of Appeals illustrates the wrong way to refinance a loan.  In Midfirst Bank v. Brown, a refinancing lender cancelled a deed of trust that should have been assigned to it and...more

Tucker Arensberg, P.C.

Court Confirms Junior Lien Creditor’s Right to Enforce Deficiency Judgment Act Against Senior Creditor Who Fails to File Petition...

Tucker Arensberg, P.C. on

In a February 11, 2022 Order, the Court of Common Pleas of Washington County granted a Petition to Compel Satisfaction of Liens under the Deficiency Judgment Act (“DJA”) filed by a junior judgment holder represented by Tucker...more

Allen Matkins

A Lender May Be Able to Both Foreclose on a Senior Lien and Seek a Deficiency on a Junior Lien

Allen Matkins on

Since the 1992 decision in Simon v. Superior Court , California lenders holding senior and junior liens on the same real property were barred from both non-judicially foreclosing pursuant to the senior lien and seeking a...more

Bradley Arant Boult Cummings LLP

How Nevada SB 306 and Court Rulings Have Changed the Foreclosure Landscape - Counsel's Corner with Jon Patterson

What changes were brought about to the HOA foreclosure sale landscape by the passage of SB 306 in Nevada? SB 306 contained a number of important revisions to Nevada’s super-priority lien statute that will provide...more

Morris James LLP

Storied Gun Maker Colt Enters Chapter 11 In Delaware; Seeking A Quick Sale

Morris James LLP on

On Sunday, June 14, 2015, Colt Holding Company LLC and 9 affiliates, including Colt Defense, LLC filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware. The case is docketed...more

Allen Matkins

Supreme Court Reaffirms a Chapter 7 Debtor's Inability to Strip a Lien Against Real Property

Allen Matkins on

Reaffirming its 1992 decision in Dewsnup v. Timm, on June 1, 2015, the U.S. Supreme Court in Bank of America v. Caulkett, No. 13-1421, once again ruled that a chapter 7 debtor may not void a junior lien under Bankruptcy Code...more

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