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Liens

Cozen O'Connor

The Absentee Custodian

Cozen O'Connor on

When a vessel is arrested in the United States, the U.S. Marshals Service is the federal agency that takes the vessel into the arresting court’s custody. However, the U.S. Marshals Service is a law enforcement agency and is...more

Husch Blackwell LLP

Lien Priority Statutes And Why They Make Sense

Husch Blackwell LLP on

A unit owner stopped paying assessments. The condominium association properly recorded and perfected a lien against the unit for those assessments. Under the applicable Oregon statute, the condo association lien is prior to...more

Blake, Cassels & Graydon LLP

Amendments to the Builders' Lien (Prompt Payment) Amendment Act

The following is an update to our November 2020 bulletin which outlined the changes proposed in the then-current version of the Builders' Lien (Prompt Payment) Amendment Act, 2020 (Bill 37). AMENDMENT A1 - On November...more

Holland & Knight LLP

Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight LLP on

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have...more

Gray Reed

Texas Legislature to Consider Oil and Gas Lien Law Amendment

Gray Reed on

Texas lien law in some cases does not require the filing of a financing statement for priority perfection. However, as you might have learned in In re First River Energy, the Delaware Uniform Commercial Code did not recognize...more

Bennett Jones LLP

Prompt Payment Legislation in Alberta: More Changes and Clarifications

Bennett Jones LLP on

On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will,...more

Bradley Arant Boult Cummings LLP

Bradley’s Bankruptcy Basics: Secured vs. Unsecured Claims

Bankruptcy is primarily about “claims.” The debtor seeks to discharge personal liability on claims, while creditors seek payment on their claims. In basic terms, a bankruptcy “claim” is a right to payment. The claim does not...more

Smith Debnam Narron Drake Saintsing & Myers,...

NC Court of Appeals Confirms Judgments Follow Real Property After Transfer

As too many judgment creditors know (or sometimes quickly learn), a judgment is often not worth much more than the paper on which it is printed. One important exception, however, is when the judgment debtor owns real...more

Nelson Mullins Riley & Scarborough LLP

Stiff v. Equivest: Alabama Governor Signs Senate Bill 111 Regarding Tax Sales Held Inside

Nelson Mullins previously wrote about the Alabama Legislature’s passage of Senate Bill 111, which was intended to resolve issues raised by the Alabama Supreme Court’s June 2020 opinion in Stiff v. Equivest Financial, LLC. On...more

Nelson Mullins Riley & Scarborough LLP

Stiff v. Equivest: Alabama Senate Bill 111 on its Way to the Governor for Signature

In June 2020, the Alabama Supreme Court issued an Opinion in Stiff v. Equivest Financial, LLC, where the Court held that a 2013 Bessemer tax sale occurring inside the courthouse — and not on the front steps of the courthouse...more

Sheppard Mullin Richter & Hampton LLP

Farm Lending Pitfalls For Urban Lawyers

OK, so you’re a sophisticated lending attorney in Metropolis who is comfortable with everything from aircraft financing to syndicated loans secured by casinos in Macau. Yet you feel a twinge of uncertainty when a business...more

Stoel Rives -  Ahead of Schedule

New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period

In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to...more

Husch Blackwell LLP

Attorney Fees – FDCPA Violation – Failure To Follow Association Document Procedures

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Facts- Plaintiff, O’Donnell, bought his condo in 2012 and sold it in 2019. Beginning in 2013, O’Donnell missed various assessment payments. In late 2013 the association filed a lien, and in 2018 the association commenced...more

Gray Reed

Can the Trust Fund Act be Waived

Gray Reed on

The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry.  However, the Construction Trust Fund Act (Ch. 162 of...more

Gray Reed

Red River Statutory Rivalry: Texas Lien Statute is Fatal to Texas Producers’ Security Interests

Gray Reed on

The lesson from In re First River Energy LLC:  Even though Texas lien law does not require the filing of a financing statement for perfection, file one anyway. It will be helpful in the event a dispute is decided under the...more

Husch Blackwell LLP

Advancing Agriculture: Security Interests and Article 9 Challenges (Part 2)

Husch Blackwell LLP on

In the second installment of this two-part series, Husch Blackwell's Elizabeth Benefield & Stephanie Kaiser will discuss security interests in agricultural lending and some of the issues a creditor may face in these areas....more

Orrick - Finance 20/20

CFPB Issues Final Rule on Higher-Priced Mortgage Loan Escrow Exemption

On January 19, the CFPB issued a final rule exempting certain insured depository institutions and insured credit unions from the requirement to establish escrow accounts for certain higher-priced mortgage loans (HPMLs). The...more

Patrick Malone & Associates P.C. | DC Injury...

Hospitals profiteer on injured car wreck victims with sky-high bills and liens

Congressional investigations may be coming none too soon on revelations about predatory billing by big hospitals and hospital chains against patients for costly care they received after they were hurt in vehicle wrecks....more

Patterson Belknap Webb & Tyler LLP

Delaware Bankruptcy Court Teaches Important Lesson on Timely Lien Perfection

Perfect your liens on time or you may lose them. That’s the painful lesson U.S. Bankruptcy Judge Karen B. Owens taught Halliburton Energy Services, Inc. in her recent decision. Ruling on plaintiff-debtor Southland Royalty...more

Farella Braun + Martel LLP

Hidden Liens in Custom Crush Relationships: How to Avoid Being Caught Between Creditors

Custom crush is an effective method for vintners to start and grow their label and brand without requiring the capital intensive investment of a dedicated winery. When evaluating potential custom-crush facilities and...more

Snell & Wilmer

In Utah, Preconstruction Lien Notice Deficiencies Affect Payment Bond Claims Too

Snell & Wilmer on

You’re a landowner in Utah, and fail to get a payment bond for commercial work a contractor is doing on your property, and the value of the work exceeds $50,000. To protect lien rights, contractors working on your property...more

Patton Sullivan Brodehl LLP

Purchaser Has No “Notice” from an Erroneous Abstract of Judgment

A judgment creditor can record an abstract of judgment, a document that identifies the judgment debtor and the amount of the debt. The abstract usually does not identify specific property.  As long as it properly...more

Flaster Greenberg PC

What Does My Company Need To Know Before Acquiring Another Company In Financial Distress?

Flaster Greenberg PC on

We have been asked many times to assist a client in the purchase of another business that has been experiencing financial difficulties. While the purchase can be a significant advantage to your company, there are several...more

Epiq

Advice for Working with Sex Abuse Claimants – Sensitivity and Empathy are Key

Epiq on

In recent years, there has been an increase in litigation involving sexual abuse, as evidenced by recent lawsuits involving the Boy Scouts of America, numerous Catholic dioceses, and sports figures such as Larry Nassar. While...more

Bradley Arant Boult Cummings LLP

Georgia Legislature Amends Mechanic’s Lien Law

An important update to Georgia’s statutory lien waiver laws took effect on January 1, 2021. The amendment to Georgia’s mechanic’s lien law alters the form for interim and final lien waivers. Essentially, the new statute...more

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