News & Analysis as of

Liens State and Local Government

Orrick, Herrington & Sutcliffe LLP

Virginia enacts HB 880, provides protections from lien enforcement against primary residences

On March 8, the Governor of Virginia signed HB 880 (the “Act”), which will prohibit enforcement of a lien against real estate if the real estate is the judgment debtor’s primary residence and the amount of the lien does not...more

Hendershot Cowart P.C.

How Do You Enforce a Judgment in Texas?

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What happens if a defendant does not pay a judgment in Texas? How do you collect the money you are owed? When the court grants you a judgment for monetary damages in a lawsuit, you become a “judgment creditor.”...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

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When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Fox Rothschild LLP

New California Wage & Hour Laws for 2022

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The close of the 2021 California legislative session brings forth a series of new wage and hour laws that impact employers and take effect on January 1, 2022. Assembly Bill (AB) 286 addresses food delivery, including...more

Perkins Coie

New Washington Law Creates Statutory Wage Lien for Claims on Unpaid Wages

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On April 16, 2021, Governor Jay Inslee signed into law the Washington Wage Recovery Act, allowing employees to place a lien on their employers’ property to secure unpaid wages. The purpose of the law is to provide...more

Gray Reed

Texas Legislature to Consider Oil and Gas Lien Law Amendment

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Texas lien law in some cases does not require the filing of a financing statement for priority perfection. However, as you might have learned in In re First River Energy, the Delaware Uniform Commercial Code did not recognize...more

Nelson Mullins Riley & Scarborough LLP

Stiff v. Equivest: Alabama Governor Signs Senate Bill 111 Regarding Tax Sales Held Inside

Nelson Mullins previously wrote about the Alabama Legislature’s passage of Senate Bill 111, which was intended to resolve issues raised by the Alabama Supreme Court’s June 2020 opinion in Stiff v. Equivest Financial, LLC. On...more

Nelson Mullins Riley & Scarborough LLP

Stiff v. Equivest: Alabama Senate Bill 111 on its Way to the Governor for Signature

In June 2020, the Alabama Supreme Court issued an Opinion in Stiff v. Equivest Financial, LLC, where the Court held that a 2013 Bessemer tax sale occurring inside the courthouse — and not on the front steps of the courthouse...more

Patterson Belknap Webb & Tyler LLP

Delaware Bankruptcy Court Teaches Important Lesson on Timely Lien Perfection

Perfect your liens on time or you may lose them. That’s the painful lesson U.S. Bankruptcy Judge Karen B. Owens taught Halliburton Energy Services, Inc. in her recent decision. Ruling on plaintiff-debtor Southland Royalty...more

Bradley Arant Boult Cummings LLP

Georgia Legislature Amends Mechanic’s Lien Law

An important update to Georgia’s statutory lien waiver laws took effect on January 1, 2021. The amendment to Georgia’s mechanic’s lien law alters the form for interim and final lien waivers. Essentially, the new statute...more

Kilpatrick

Georgia Governor Signs Bill To Legislatively Overrule Court Decision Construing Lien and Bond Waivers to Waive All Rights - But...

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On August 5, 2020, the Governor of Georgia signed Senate Bill 315 to legislatively overrule a September 2019 decision by the Georgia Court of Appeals on the effect of a lien claimant’s failure to withdraw a lien waiver using...more

McGlinchey Stafford

Am I a party entitled to enforce a promissory note?

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Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more

Lowndes

The Risks Of Unnecessary Fla. Property Improvement Notices

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There’s no doubt about it, the U.S. real estate market is strong. With low interest rates and low unemployment rates, it is not surprising that the National Association of Realtors included parts of Florida among the top 10...more

Best Best & Krieger LLP

Cities May Record Special Assessment Liens for Delinquent Fees

Calif. Appellate Court Holds These Liens Not Subject to Prop. 218 - California cities are authorized by statute to record special assessment liens on property for delinquent solid waste service fees, an appellate court has...more

Lowndes

Two Legislative Changes to Pay Attention to

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Here’s how the recent legislative changes will affect you: Spousal Homestead Transfer - A new law signed by Governor DeSantis extends the documentary stamp tax exemption for the conveyance of homestead property between...more

Ballard Spahr LLP

DOJ announces settlement of SCRA claims for auctioning of towed vehicles without court orders

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The Department of Justice recently announced it had entered into an agreement with the City and County of Honolulu, Hawaii (Honolulu) and its general contractor for towing services to settle a lawsuit filed by the DOJ...more

Sands Anderson PC

Virginia Supreme Court Opinion Affecting Local Government Law: September 22, 2016

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The Virginia Supreme Court issued one additional opinion in September affecting local government law, on September 22, 2016. This opinion addressed the priority to be given a local government special assessment lien over a...more

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