News & Analysis as of

Liens Due Process

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Governor Vetoes Employee Wage Lien Bill

On December 31, 2019, Governor Andrew M. Cuomo vetoed the employee wage lien bill (colloquially referred to by its sponsors and supporters as the “Securing Wages Earned Against Theft” or “SWEAT” bill). Both the New York State...more

Flaster Greenberg PC

Once A Caregiver Child, Always A Caregiver Child

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In general, one cannot give away her assets and go on Medicaid within the next five years. If an individual who gives away assets (donor) applies for Medicaid within the sixty month period following the date of the last...more

Burr & Forman

Eleventh Circuit Holds That a Creditor’s Due Process Claim Can Be Inadvertently Waived By Inaction

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On December 11, 2017, in a case entitled In re Iliceto, the Eleventh Circuit Court of Appeals affirmed the district court’s decision, which held that Nationstar Mortgage, LLC (“Nationstar” or the “Creditor”) received notice...more

Ballard Spahr LLP

Bourne Valley Redux

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The dispute between lenders and the purchasers at homeowners’ association foreclosure sale regarding superiority of title has embroiled the State of Nevada since at least as early as 2012. Since the issue rose in volume and...more

Womble Bond Dickinson

Ninth Circuit Weighs In: Nevada "Superpriority" Law for HOA Liens Violates Due Process

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In October 2014, we blogged about cases from Nevada and D.C. giving priority of so-called HOA "superliens" over first position mortgages....more

Ballard Spahr LLP

Foreclosure of Nevada HOA Super Lien Cannot Extinguish Mortgage Lender’s Security Interest

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The non-judicial foreclosure of a Nevada HOA super lien cannot constitutionally extinguish a mortgage lender's security interest, the Ninth Circuit Court of Appeals has held. This holding will affect many lawsuits in federal...more

Ballard Spahr LLP

Nevada Federal District Court Rules Lien Statute Unconstitutional

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We have reported before on a decision last fall from Nevada’s Supreme Court holding that a homeowners association (HOA) lien is a true super-priority lien that, if foreclosed upon, extinguishes a first deed of trust. Lenders...more

Bradley Arant Boult Cummings LLP

Constitutional Clarification for Nevada HOA Super-Priority Foreclosures

Since the Nevada Supreme Court’s infamous decision in SFR Investments Pool 1, LLC v. U.S. Bank, N.A. in September 2014, the mortgage community has continued to fight to save senior deeds of trust from extinguishment due to an...more

Haight Brown & Bonesteel LLP

9th Circuit Throws Lifebuoy to California Drowning In Workers’ Compensation Liens

The United States Court of Appeals for the Ninth Circuit resuscitated a contentious provision of California’s SB 863. In a unanimous decision on June 29, 2015, the court in Angelotti Chiropractic, Inc. v. Christine Baker, et...more

Robinson & Cole LLP

Eleventh Circuit Dismisses RLUIPA Complaint of “Indigenous/Aboriginal Free Moorish National”

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In Bey v. City of Tampa Code Enforcement (11th Cir. 2015), the plaintiff Nura Washington Bey (“Washington”) sued the City of Tampa and its Code Enforcement Officer, Steven Mateyka, after Mateyka cited Washington in connection...more

Baker Donelson

Mississippi's "Stop Notice" Statute Declared an Unconstitutional Deprivation of Property

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On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives...more

Baker Donelson

Mississippi's "Stop Notice" Statute Ruled Facially Unconstitutional Deprivation of Property

Baker Donelson on

On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives...more

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