News & Analysis as of

Foreclosure › Construction Project

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of... more +
Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -
Bradley Arant Boult Cummings LLP

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

Bradley Arant Boult Cummings LLP on

In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural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

Cole Schotz

Balancing Mortgage and Mechanics Lien Priorities in New York

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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

Cadwalader, Wickersham & Taft LLP

Something Special, April 2021 | Issue No. 23 - Don’t Be Cruel: Appellate Division Upholds Waiver of Fiduciary Duties But Denies...

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Can contracting parties waive all common law fiduciary duties? That was one of the questions presented to the New York Supreme Court, Appellate Division, First Department (the “Court”) in 111 West 57th Investment LLC, on...more

Pierce Atwood LLP

Real Estate Development in the Time of Coronavirus: Massachusetts – Update – October 2020

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NEW GUIDANCE ON PUBLIC HEARINGS ON HOUSING PROPOSALS - The Massachusetts Department of Housing & Community Development (DHCD) recently issued guidance for municipalities regarding housing development. This guidance...more

Winstead PC

SMU Annual Texas Survey - Article 13, Vol. 6

Winstead PC on

This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This...more

White & Case LLP

US COVID-19 Real Estate Legal Developments: Federal, California, Florida, Illinois, New York (Updated)

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In this report, we set out the key real estate developments in the US during the period of disruption caused by COVID-19 on a federal level and in California, Florida, Illinois and New York. The report covers: - Lease...more

White & Case LLP

US COVID-19 Real Estate Legal Developments: Federal, California, Florida, Illinois, New York

White & Case LLP on

In this report, we set out the key real estate developments in the US during the period of disruption caused by COVID-19 on a federal level and in California, Florida, Illinois and New York. The report covers: - Lease...more

Pierce Atwood LLP

Real Estate Development in the Time of Coronavirus: Massachusetts (UPDATED)

Pierce Atwood LLP on

GOVERNOR BAKER EXTENDS ORDER REGARDING BUSINESSES AND GATHERINGS - On April 28, 2020, Massachusetts Governor Charlie Baker extended his previous order disallowing many businesses to have employees in brick-and-mortar...more

Holland & Knight LLP

West Coast Real Estate Update: October 2016 #1

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California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D. - ...more

Snell & Wilmer

Vendees' Liens—Construction Lenders Beware!

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A recent Arizona Court of Appeals decision highlights a lien priority risk for secured construction lenders when the financed project fails. The problem—known as a “vendee lien”—is most likely to arise when up-front deposits...more

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