News & Analysis as of September 19, 2024

Foreclosure › Property Liens

+ Follow

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 -

Real Estate Due Diligence - Property Liens

Whitman Legal Solutions, LLC on 12/8/2023

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

Legislative Update: A Practical Guide to the Most Significant Changes in Texas Lien Laws

Porter Hedges LLP on 11/8/2021

In September 2021, the Texas legislature made major changes to the construction lien statutes in Chapter 53 of the Texas Property Code. All of the key players in the construction industry (owners, contractors, subcontractors,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

Snell & Wilmer on 7/16/2018

When a foreclosure sale generates more money than needed to pay off the lien, the excess proceeds usually go first to creditors in the order of their priority, and second to the owner after creditors are paid in full. So, in...more

The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional

Bradley Arant Boult Cummings LLP on 1/27/2017

The Ninth Circuit sent shockwaves through the mortgage industry when it held that NRS 116—the statute allowing an HOA to impose a nominal super-priority lien that can extinguish a senior deed of trust when foreclosed—was...more

Client Alert: Foreclosing Subsequently Accruing Liens no Longer a Certainty under the Lis Pendens Statute

Shumaker, Loop & Kendrick, LLP on 9/1/2016

The predictable landscape of foreclosing real property is no longer that for mortgagees, potential investors, construction professionals or municipalities in Florida. Last week, the Fourth District Court of Appeal confirmed...more

6 Results

View per page

Page: of 1