News & Analysis as of

Lienholders

Pepper Hamilton LLP

Connecticut Places Additional Requirements on Judgement Lienholders

by Pepper Hamilton LLP on

Connecticut Governor Dannel Malloy recently signed a new bill into law that helps Connecticut consumers understand how much they would need to pay in order to satisfy a judgement lien....more

Ropes & Gray LLP

Podcast - Credit Funds: Make-Wholes and Cramdowns: Understanding the Recent Second Circuit Momentive Decision

by Ropes & Gray LLP on

Credit funds that invest in distressed debt, whether through secondary trading or loan origination, not only must evaluate the borrower’s credit quality and business plan, but, with the help of their lawyers, must also keep...more

Schwabe, Williamson & Wyatt PC

In the Field: The Super Power of Agricultural Liens

Agricultural liens are a very powerful but often overlooked tool available to those that aid in the growing or harvesting of crops or raising animals or those who sell their agricultural products. These liens attach not only...more

Nexsen Pruet, PLLC

Insurer Violated Lien Statute and Committed Deceptive Trade Practice When Settling With Pro Se Claimant

by Nexsen Pruet, PLLC on

The North Carolina Court of Appeals recently held that when an insurer settles with a pro se claimant and issues a settlement check, the insurer must pay all valid medical provider liens before making any payments to the...more

Bennett Jones LLP

Priority of Operator's and Possessory Liens and the Need to Register or Prove Your Lien

by Bennett Jones LLP on

The Alberta Court of Queen's Bench recently reviewed the law regarding priority of operator’s liens and emphasized the heavy evidentiary burden to be satisfied by a creditor asserting a possessory lien in Cansearch Resources...more

Snell & Wilmer

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

by Snell & Wilmer on

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the...more

Perkins Coie

Double Trouble—Is Black Sky Capital Blue Skies for Lenders?

by Perkins Coie on

An annoying question for lenders is whether or not a lender can enforce two loans to the same borrower and secured by the same property. The nagging issue is usually raised when a lender makes (1) a first loan and an...more

Nexsen Pruet, PLLC

Is your Motor Vehicle Loan Safe? Part 2: North Carolina

by Nexsen Pruet, PLLC on

This article is a follow up to Bruce Wallace’s April 13, 2017 update, "Is your Motor Vehicle Loan Safe?" regarding how insurance policies may not protect the credit union’s lien. Specifically, Mr. Wallace’s update dealt with...more

Balch & Bingham LLP

Joint Tenancy Lienholders Should Timely Execute on Judgment Liens in Order to Avoid Losing Property Interest

by Balch & Bingham LLP on

The Alabama Supreme Court recently held in Ex parte Arvest Bank, that an unexecuted judgment lien against the property interest of one joint tenant does not sever a joint tenancy with the right of survivorship, thereby...more

Baker Donelson

Florida Inferior Liens Not Extinguished If Recorded After Foreclosure Judgment – What To Do Now

by Baker Donelson on

The Fourth District has ruled that inferior liens are extinguished in a foreclosure proceeding when the final judgment is entered, not when the certificate of sale is issued, putting 30 years of established law into...more

Murtha Cullina

Connecticut Foreclosures: Judgment of Loss Mitigation – Good, Bad or Unnecessary?

by Murtha Cullina on

One of the plethora of new procedures enacted in the 2016 General Assembly’s legislative session is a concept which is being dubbed a “judgment of loss mitigation.” The procedure seems straightforward at first – a lender can...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending July 15, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Unclean Hands: defense of unclean hands insufficient where borrower alleges bank’s loan officer inflated borrower’s income and assets to qualify for loan where borrower signed off on...more

Cozen O'Connor

Colorado Supreme Court Limits Use of Extrinsic Evidence and Reasonable Expectations Doctrine

by Cozen O'Connor on

On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen, No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret ambiguous policy language,...more

Haight Brown & Bonesteel LLP

Two Claimants, One Check: A Common Maneuver That Can Get You Sued…Again

In 2009, Javier Escobar was injured in an auto accident that caused him to undergo extensive medical care at the Santa Clara Valley Medical Center - a hospital owned and operated by the County of Santa Clara (the “County”)....more

Baker Donelson

Avoiding a Limitations Fight by Rescinding Acceleration

by Baker Donelson on

Texas recently added a new statute aimed at providing lienholders and loan servicers an unambiguous method for unilaterally abandoning the acceleration of a loan's maturity. When a borrower defaults in paying an...more

Nexsen Pruet, PLLC

CentsAbility: Creditors' Rights Law Update - If you Have an Objection, Speak Now or Forever Hold Your Peace

by Nexsen Pruet, PLLC on

A creditor recently received a wake-up call from the Bankruptcy Court for the District of South Carolina in In re Crawford, an opinion issued by the Court on June 8, 2015. In Crawford, the Court granted the debtors’ motion to...more

Bradley Arant Boult Cummings LLP

Lenders’ New Right to Redeem after Nevada HOA Foreclosure Sales

Beginning October 1, 2015, lenders in Nevada will have a much-needed right to redeem properties sold at homeowners association (HOA) foreclosure sales for pennies on the dollar. Specifically, lenders and homeowners will have...more

McGuireWoods LLP

H.B. 2067: A Statutory Method for Unilateral Rescission

by McGuireWoods LLP on

In a move greatly benefiting lienholders and loan servicers, Texas Governor Greg Abbott recently signed H.B. 2067, amending the Texas Civil Practice and Remedies Code to allow for the unilateral rescission of the acceleration...more

Pullman & Comley, LLC

Bankruptcy Beat: Connecticut District Court Suggests Automatic Stay May Apply To Non-debtor Junior Lienholders In Foreclosure...

by Pullman & Comley, LLC on

On July 22, 2014, the Connecticut District Court issued an opinion, Eastern Savings Bank FSB v. St. Germain, et al, 2014 WL 3687740 (D. Conn. 2014), which could impact the applicability of the automatic stay of 11 U.S.C....more

Benesch

Lien On Me – But Only If You Can: Carriers’ Liens, Conversion and “Hostage Freight”

by Benesch on

In certain circumstances, carriers are authorized to exercise their common law and contractual rights to place a “`carrier’s lien’’ on freight. But what are those circumstances? If the carrier improperly asserts “dominion and...more

Baker Donelson

Who is Reading Your Mail? The Florida Condominium Termination Trap

by Baker Donelson on

Crowded dockets, understaffed courts, increased foreclosure times, mandatory mediation, trial mortgage modifications, last-minute bankruptcy petitions and litigation tactics, which in far too many instances fell somewhere...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: June 2014 #1

by Carlton Fields on

Foreclosure/Surplus Funds: subordinate lienholder who failed to file claim to surplus funds with clerk within sixty days of foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010) not entitled to surplus...more

Bilzin Sumberg

Energy Future Holdings Files For Bankruptcy; Second Lienholders Oppose Deal

by Bilzin Sumberg on

On April 29, 2014, Energy Future Holdings filed what it claims is a pre-packaged chapter 11 bankruptcy in Delaware. The bankruptcy, which ranks among the largest cases ever with over $36 billion in assets and nearly $50...more

Snell & Wilmer

California Bankruptcy Court Holds Junior Lienholder Liable for Payments Debtors Made to Senior Lienholder as Preferential...

by Snell & Wilmer on

Section 547 of the Bankruptcy Code allows a bankruptcy trustee to recover transfers from creditors that are labeled “preferences.” To avoid a transfer as a preference, the trustee must generally demonstrate that the transfer:...more

Burr & Forman

Bankruptcy Courts In Georgia And Florida Show Obedience To Eleventh Circuit Court Of Appeals And Reluctantly Begin To Allow Lien...

by Burr & Forman on

Three bankruptcy courts within the Eleventh Circuit have recently issued opinions in which they have reluctantly allowed the debtor to entirely strip off the interests held by junior lienholders when the value of the real...more

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Updated: May 25, 2018:

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