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Foreclosure › Liens

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 -
Davis Wright Tremaine LLP

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

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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

Bradley Arant Boult Cummings LLP

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

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In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural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

Obermayer Rebmann Maxwell & Hippel LLP

Night of the Living Debt

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It’s the stuff of nightmares.  You think you have cleared all of the debt on your home when it goes into foreclosure, only for that debt to crawl up years later and attack you....more

Bradley Arant Boult Cummings LLP

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

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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

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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

McGlinchey Stafford

Am I Entitled to Indemnification? - McGlinchey Commercial Law Bulletin - September 29, 2023

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Ohio- Conversion- Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more

McCarter & English, LLP

New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

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Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,...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

Locke Lord LLP

Texas Supreme Court Clarifies How ‎Equitable Subrogation Operates for Texas Home ‎Loans

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On May 12, 2023, the Supreme Court of Texas held, in a unanimous decision, that a claim to foreclose on a subrogated real property lien accrues when the refinance loan is accelerated, not when the prior loan (the payoff of...more

Ward and Smith, P.A.

Beware of Procedural Pitfalls in HOA Foreclosures

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Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner's property and foreclose on that interest.  But to do so, associations must comply strictly with the...more

Snell & Wilmer

The Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead Property

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The Arizona Supreme Court recently clarified that a judgment lien does, in fact, attach to the proceeds of the sale of a homestead property. See In re McLauchlan. In sum, if the sale of a home produces more than the homestead...more

McGlinchey Stafford

Inside Georgia’s Abandoned Motor Vehicle Act

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Many states have laws that provide “super liens” to facilities that tow, repair, and store vehicles. Georgia’s current abandoned motor vehicle statute is an example of how these statutes can put the secured party financing...more

Miller Nash LLP

Washington’s New Statutory Wage Lien: How Wage Liens Impact Secured Creditors’ Rights

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Washington’s recently enacted Washington Wage Recovery Act, SB 5355 (the “Act”), creates a new statutory lien for employees’ unpaid wage claims against their employers. The Act has significant implications for employees,...more

Rivkin Radler LLP

The Title Reporter — Summer 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and...more

Akerman LLP

Akerman Team Supports Shellpoint Successfully Reversing Texas Trial Court Opinions Voiding Liens Based on Statute of Limitations

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Akerman recently obtained judgments from Texas’s 9th and 14th courts of appeals on behalf of Shellpoint Mortgage Servicing reversing Harris and Jefferson county district court judgments invalidating its liens based on the...more

Patton Sullivan Brodehl LLP

A Potent Superpower: Receiver “Super-Priority” Liens

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In the twenty-first century, superheroes are all the rage. Alive and well are never-ending debates about the superiority of DC characters versus Marvel characters, or heroes that are born super, such as Superman, versus those...more

Hudson Cook, LLP

Department of Justice Remains Focused on SCRA Enforcement

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The U.S. Department of Justice continued the pursuit of its civil rights initiatives aimed at enforcement of federal laws that protect servicemembers, veterans, and their families in September by settling with the City of San...more

Winstead PC

SMU Annual Texas Survey - Article 13, Vol. 6

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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

Hudson Cook, LLP

Towing Companies Sued for Alleged SCRA Violations

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In mid-August, the Department of Justice sued Target Recovery Towing Inc. and Target Recovery & Transport Inc. in Florida federal court for violating the federal Servicemembers Civil Relief Act when, without a court order,...more

Ward and Smith, P.A.

Claims of Lien For Community Associations: How to Effectively Utilize them to Compel Payment

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Many community association managers know that a lien can be placed on a delinquent owner's lot as a method of securing repayment of assessments. In many cases, the mere threat of having a lien placed against the owners'...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

Bradley Arant Boult Cummings LLP

New Nevada Decisions Confirm Additional Ways to Satisfy HOA Superpriority Liens

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The Nevada Supreme Court again turned its attention to superpriority liens in the first quarter of 2020, issuing two opinions dealing with tenders, i.e. attempts or offers to pay. These decisions outline additional ways that...more

Williams Mullen

Partial Subordination: A Circuitous Route to a Fair Result

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In Futuri Real Estate, Inc. v. Atlantic Trustee Servs., LLC, borrowers Milton and Armida Cortez (the “Borrowers”) obtained three loans secured by separate deeds of trust on their residence: (A) a $415,000 deed of trust in...more

Snell & Wilmer

If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

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That pesky excess sale proceeds statute, A.R.S. § 33-727, is making waves again. We previously blogged about this statute... In the prior post, we explained that excess sale proceeds (i.e., a foreclosure sale price greater...more

Allen Matkins

California Supreme Court Confirms Lender Foreclosure Option

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Earlier this month, in Black Sky Capital v. Cobb, the California Supreme Court addressed the following question: when a creditor holds senior and junior liens on the same property, can the creditor non-judicially foreclose on...more

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