News & Analysis as of September 24, 2024

Foreclosure › Equitable Lien

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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 -

Can a Corporate Officer Be Sued Individually? - McGlinchey Commercial Law Bulletin - December 2022 -

McGlinchey Stafford on 12/23/2022

In this discretionary appeal, the Ohio Supreme Court outlined when and in what circumstances an equitable lien may arise. The Bullet Point: A lien is “‘a hold or claim which one person has upon the property of another as...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending June 15 & 22, 2018

Carlton Fields on 6/28/2018

REAL PROPERTY UPDATE - - Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

Carlton Fields on 5/11/2016

REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 5 & 12, 2015

Carlton Fields on 6/16/2015

REAL PROPERTY UPDATE - Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 1 & 8, 2015

Carlton Fields on 5/13/2015

Foreclosure: trial court abused its discretion in dismissing foreclosure action with prejudice, cancelling substantial debt, and denying lender ability to refile a foreclosure action without making finding of facts as...more

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

Carlton Fields on 4/29/2015

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

Real Property, Financial Services & Title Insurance Update: Week Ending March 27, 2015

Carlton Fields on 3/30/2015

REAL PROPERTY UPDATE - Marketable Record Title Act: right-of-way held by Florida Department of Transportation qualifies for right of way exception under MRTA and remainder of property held in fee by Florida Department...more

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