News & Analysis as of

Liens Mortgages

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

by Snell & Wilmer on

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric...

by Jones Day on

The ability of a trustee or chapter 11 debtor in possession ("DIP") to sell bankruptcy estate assets "free and clear" of liens on the property under section 363(f) of the Bankruptcy Code has long been recognized as one of the...more

Is your Motor Vehicle Loan Safe? Part 2: North Carolina

by Nexsen Pruet, PLLC on

This article is a follow up to Bruce Wallace’s April 13, 2017 update, "Is your Motor Vehicle Loan Safe?" regarding how insurance policies may not protect the credit union’s lien. Specifically, Mr. Wallace’s update dealt with...more

Federal Court Rules That the Ship Mortgage Act Preempts State Law Protecting Permits From Becoming Security Interest

by Lane Powell PC on

Last month, in Bank of the Pacific v. F/V ZOEA, 2017 WL 823298, Case No. 3:15-cv-05758-RSL, the United States District Court for the Western District of Washington ruled that the federal Ship Mortgage Act, 46 U.S.C. §§ 31321...more

Real Property & Title Insurance Update: Weeks Ending March 10 & 17, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Coequal Liens: trial court properly authorized tax collector to issue tax certificates subject to community development district’s assessment liens – Villages of Avignon Community Dev. Dist. v....more

Second District Court of Appeal Declines to Apply Statute of Limitations to Bar Subsequent Foreclosure Actions Premised on...

by Burr & Forman on

Following the Florida Supreme Court’s recent decision in Bartram v. U.S. Bank, N.A., 41 Fla. L. Weekly S493, 2016 WL 6538647 (Fla. Nov. 3, 2016), courts were left to interpret how Bartram would affect lenders’ reliance on...more

I Have a Judgment, Now What? Priority of Judgments

Litigation can often be long and tiresome. Unfortunately, a successful verdict does not always lead to the desired outcome – the defendant paying up. Previous parts of this series addressed other aspects of collecting and...more

Florida Court Reverses Stance on Post-Judgment Inferior Liens

by Baker Donelson on

On January 25, Florida's Fourth District reversed itself and held that inferior liens are not extinguished in a foreclosure proceeding until the issuance of the certificate of sale. This restores the stability that was lost...more

Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An...

by Reminger Co., LPA on

The Supreme Court of Ohio recently clarified in a decision issued in Deutsche Bank Nat’l Trust Co. vs. Holden 2016-Ohio-4603; 2016 Ohio LEXIS 1803, that equitable rights and remedies which a party holds in and to a mortgage...more

Bourne Valley Redux

by Ballard Spahr LLP on

The dispute between lenders and the purchasers at homeowners’ association foreclosure sale regarding superiority of title has embroiled the State of Nevada since at least as early as 2012. Since the issue rose in volume and...more

Florida Supreme Court Issues Landmark ruling on Statute of Limitations for Foreclosure: Bartram Affirmed.

by Burr & Forman on

The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any) of a prior unsuccessful...more

Law Enforcement Thwarts Sovereign Freeman

by Carlton Fields on

Copyrighting their names, “signing” with red thumbprints – we’ve seen some unusual court filings from unique individuals. But one person has apparently gone too far. It can be incredibly frustrating for a lender when a...more

Asia Pacific Restructuring & Insolvency Guide: Hong Kong

by White & Case LLP on

This is the Hong Kong chapter of the second edition of the White & Case Asia Pacific Restructuring and Insolvency Guide... ..Introduction - On 1 July 1997, Hong Kong became a Special Administrative Region of the...more

Surviving the Zombie [Foreclosure] Apocalypse

Preparing For A World When Lis Pendens Protections Are All But Ober - “BEWARE REAL PROPERTY LITIGATORS” warns a former chair of the Real Property, Probate and Trust Law Section of the Florida Bar. This advice, given...more

Real Property & Title Insurance Update: Week Ending September 16, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if...more

Liens Recorded Between Foreclosure, Sale Date Ruled Valid by Florida Appellate Court

by Ballard Spahr LLP on

In a case of first impression among the Florida appellate courts, the Fourth District Court of Appeal held that liens recorded between the foreclosure judgment and the sale date are valid and enforceable against the property...more

Real Property & Title Insurance Update: Week Ending August 19 & 26, 2016

by Carlton Fields on

Real Property Update: - Lis Pendens/Subsequent Liens: lis pendens statute only serves to discharge liens that exist or arise prior to entry of foreclosure judgment but does not affect liens that arise after entry of...more

“Eviscerate” is the Proper Term for What the Ober Opinion Did to the Lis Pendens Statute—But What About Jurisdiction?

by Burr & Forman on

Florida’s 4th District Court of Appeal sent the real property and mortgage world into a frenzy this week after issuing its opinion in Ober v. Town of Lauderdale-By-The-Sea, dramatically weakening the protections of Florida’s...more

Foreclosure of Nevada HOA Super Lien Cannot Extinguish Mortgage Lender’s Security Interest

by Ballard Spahr LLP on

The non-judicial foreclosure of a Nevada HOA super lien cannot constitutionally extinguish a mortgage lender's security interest, the Ninth Circuit Court of Appeals has held. This holding will affect many lawsuits in federal...more

Appellate Court Holds HUD Regulations Don’t Provide Private Right of Action Unless Incorporated into Written Agreement

by Ballard Spahr LLP on

A federal appeals court recently decided that a plaintiff could not assert a claim against the issuer of a reverse mortgage for breach of regulations issued by the U.S. Department of Housing and Urban Development (HUD), when...more

Nevada Supreme Court Accepts Certified Question in HOA Lien Litigation Case – Should the SFR Decision Apply Retroactively?

by Ballard Spahr LLP on

We previously reported on the Nevada Supreme Court’s decision in SFR Investments Pool 1, LLC. v. U.S. Bank, N.A., holding that a homeowners association (HOA) lien is a true super-priority lien that upon foreclosure...more

Real Property & Title Insurance Update: Weeks Ending June 24 & July 1, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more

Unsecured Creditor Perspectives in Energy Restructurings

by Morrison & Foerster LLP on

This Practice Note provides guidance and advice to unsecured creditors in energy restructurings. This Note specifically addresses restructurings in the oil, gas, and coal industries and the strategies that unsecured creditors...more

Nevada District Judge Voids HOA Foreclosure Following Evidence that HOA Hindered Bank’s Efforts to Preserve its Mortgage

Nevada Eighth Judicial District Judge Elizabeth Gonzales has voided a 2014 homeowners association (HOA) foreclosure sale and ruled that a first mortgage held by Bank of America, N.A. was unaffected by the sale. The April 20,...more

Construction Financing and Mechanics’ Liens in Connecticut

by Murtha Cullina on

Bankers and other professionals who have worked on construction loans in states other than Connecticut will know how much of a pain it can be to make construction loan advances. You usually need to perform a title update and...more

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