News & Analysis as of

Mechanics Lien Foreclosure

Davis Wright Tremaine LLP

California Court Holds Mechanic's Lien Enforceable Despite Failure To Provide Preliminary Notice

In a recent case, the California Court of Appeal held that a contractor could foreclose a mechanic's lien, over the project owner's objection, even though the contractor had not provided a preliminary notice of lien to the...more

Snell & Wilmer

Overview of Idaho Liens of Mechanics and Materialmen

Snell & Wilmer on

Idaho Code Title 45, Chapter 5 sets forth Idaho law applicable to liens of mechanics and materialmen. The statute and common law application of the provisions demonstrate Idaho’s public policy favoring the protection of...more

Bradley Arant Boult Cummings LLP

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more

Bradley Arant Boult Cummings LLP

Contractor’s Refusal to Sign Broad Lien Waiver Does Not Defeat Mechanics Lien

Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more

Whitman Legal Solutions, LLC

Real Estate Due Diligence - Property Liens

A Baltimore Homeowner’s Saga - Baltimore Resident and single mother Deanna Woodward paid off her mortgage 18 years ago. After that, she paid her real estate taxes. So, imagine her surprise when she recently learned that...more

Cole Schotz

Balancing Mortgage and Mechanics Lien Priorities in New York

Cole Schotz on

In an ideal world, the interests of contractor and lender involved in the same construction project are aligned: the project succeeds, and everyone is paid what they’re owed. But when the interests of contractor and lender...more

Snell & Wilmer

General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s...

Snell & Wilmer on

Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that...more

Schwabe, Williamson & Wyatt PC

Does Oregon's Emergency Time Extensions During the COVID-19 Pandemic Give Contractors, Suppliers, and Design Professionals More...

In response to the ongoing delays and uncertainty caused by the COVID-19 pandemic, Governor Brown signed House Bill 4212 into law in June 2020. The law contains a number of remedial measures affecting the functioning of local...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 6, 2020

Carlton Fields on

Real Property Update - Easement Appurtenant: easement was presumptively appurtenant (held to run with the land) because (i) it was not terminable except by agreement executed by both parties with formalities of a deed,...more

Pillsbury Winthrop Shaw Pittman LLP

Distressed Real Estate During COVID-19: Mezzanine Loans Behind Construction Loans—Special Considerations and Intercreditor...

Construction loans with companion mezzanine loans raise a host of concerns that are unique to more standard ICAs between a mortgage lender and a mezzanine lender. An intercreditor agreement (ICA) involving a construction...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 2, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more

Jaburg Wilk

Arizona Lien, Payment Bond, and Stop Notice Summary Guidelines

Jaburg Wilk on

Preliminary Lien Notices - “Prelims” should always be given (usually necessary for perfecting lien, bond and stop notice claims) Send within twenty (20) days of first day materials/labor furnished (“20-day...more

Carlton Fields

Law Enforcement Thwarts Sovereign Freeman

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

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Williams Mullen

Money, Dirt and Steel: Spring 2016 Newsletter

Williams Mullen on

A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina - Money - FORECLOSURE: - Lender...more

Snell & Wilmer

Partial Subordination Agreement not Involving or Affecting Mechanics Lien Claimant Priority is Enforceable in Nevada

Snell & Wilmer on

When visible construction begins, Nevada law says mechanic’s liens attach to the construction site. A construction lender wants to ensure that its deed of trust securing the construction loan has first priority to the...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 4, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Ervin Cohen & Jessup LLP

General Contractors Beware of Subordination Clauses

Ervin Cohen & Jessup LLP on

In California, a general contractor can usually rest assured that in the event of nonpayment, it can rely upon the remedy of a mechanics lien, which remedy is, in fact, even a constitutional right....more

Carlton Fields

Construction Case Law Update - September 2014

Carlton Fields on

FLORIDA STATE CASES - Forum selection clause in construction contract will not be enforced where third party defendant would be forced to testify in two venues. Forum selection clauses in contracts are generally...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: September 2014 #2

Carlton Fields on

REAL PROPERTY UPDATE - - Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more

Snell & Wilmer

Arizona Supreme Court to Contractor: Sorry But Equitable Subrogation of a Bank’s Later Deed of Trust Trumps Earlier Mechanics’...

Snell & Wilmer on

The smoke has finally cleared in a hard and long-fought battle between a bank and contractor both claiming priority to foreclose millions of dollars on a Phoenix condominium project. The project, well-known as Summit at...more

Ballard Spahr LLP

Merger Doctrine Does Not Prevent Deed of Trust Beneficiary From Extinguishing Junior Lien through Foreclosure, California Court...

Ballard Spahr LLP on

The California Court of Appeal recently held that a foreclosure by the beneficiary under a first deed of trust extinguished a junior lien, even though the beneficiary acquired the property by way of a deed in lieu of...more

Snell & Wilmer

Arizona Court of Appeals Gives Contractor the Edge over Certain Lenders in Mechanic’s Lien Foreclosure Lawsuit

Snell & Wilmer on

In lien foreclosure lawsuits involving lenders and contractors, priority is everything. Where you stand in terms of priority will not necessarily determine when you get paid, but rather will determine whether you get paid....more

Snell & Wilmer

Under Construction - December 2013

Snell & Wilmer on

Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide