News & Analysis as of

Recordation

Recording a Trustee’s Deed is Privileged Under CA Civil Code Section 47

California law is pretty clear that the recordation of a notice of default and notice of sale — two key documents that are a prerequisite to a nonjudicial foreclosure sale (aka trustee’s sale) — are privileged and cannot form...more

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Imperfect!!! – Recordation Alone May Not Be Suficient To Perfect Deeds Under California Law

by Ervin Cohen & Jessup LLP on

Once a lender records a deed of trust, isn’t that sufficient under California law to perfect the deed against a Chapter 7 trustee’s attempt to set it aside? Based on the recent bankruptcy court decision of In re Nowlin, the...more

Classic Private Property Rights and Public Coffers

In April 2014, we posted a blog discussing the North Carolina Supreme Court’s opinion in Beroth Oil v. NCDOT, 367 N.C. 33, 757 S.E. 2d 466 (2014). (See here) In that post, we compared high frequency stock market trading and...more

Is Your Lease Financeable?

It is often the case that parties enter into a lease thinking it is a temporary use of space by the tenant, which frequently amounts to nothing more than an expense line item on the budget. However, if a lease is structured...more

Recording Of Mortgage Necessary For Qualified Residence Interest Deduction

by Charles (Chuck) Rubin on

Two individuals borrowed money from the mother of one of them. A mortgage was prepared to secure the debt, but it was not recorded in the public records....more

Unrecorded Override Assignment Trumps The Public Records Doctrine

by Gray Reed & McGraw on

Lawyers and landmen are taught that a document affecting real or immovable property not recorded in the public records means nothing to a stranger. Like O. J.’s quest for the real killer, lower premiums after the Patient...more

Protect Your Brands in the New Domain Name Regime: The Trademark Clearinghouse Is Open for Business

New generic top-level domain names (gTLDs) such as .fun, .law, and .money have been in the works for a very long time, and the first batch may be just around the corner. ICANN recently published a “hypothetical” timeline...more

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

by Poyner Spruill LLP on

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing...more

Maryland Expands Recordation and Transfer Tax Exemption to Include LLC Transactions

Effective July 1, 2013, Maryland’s recordation and transfer tax exemption for transfers of real property between related entities will be available to limited liability companies. The exemption, previously applicable only to...more

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

by Baker Donelson on

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

July 1, 2013, Taxes Become Due & Recording Deeds Becomes Difficult – Get Deeds Recorded Well In Advance

by Pessin Katz Law, P.A. on

This is intended to be advance notice that annual real property taxes become due on July 1, 2013. At any time, the Land Records will not record deeds for properties for which there are outstanding taxes. The annual taxes...more

Failure to Comply with Minnesota's Statutory Requirements in Foreclosure by Advertisement Costs Lender

Lenders foreclosing by advertisement in Minnesota must comply with many technical requirements. One requirement is "that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been...more

Mineral Claims And The Duty To Consult In Yukon

by Dentons on

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

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