Law Brief: Lien Times: Securing Mechanics Liens for Preconstruction Services
Benefits of a Stop Notice for Construction Contractors
Hot to Get Paid: Tips and Tricks for Construction Companies in DC, MD, and VA
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
Construction lenders beware – a recent Arizona Supreme Court decision interpreting Exclusion 3(a) of standard-form title-insurance policies could mean lenders are not insured against a senior mechanics’ lien if the lender’s...more
Real Property Update - Easement Appurtenant: easement was presumptively appurtenant (held to run with the land) because (i) it was not terminable except by agreement executed by both parties with formalities of a deed,...more
Financial Services Update - FDCPA / Definition of "Debt": a convenience fee is a separate charge for acceptance of payment that is not part of the underlying debt - Garbutt v. Ocwen Loan Servicing, LLC., No....more
Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more
REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more
Pennsylvania has continued to refine its mechanic’s lien law in recent years, and next year will bring the most sweeping changes ever for owners and contractors that work on larger projects....more
Historically low interest rates have led to the substantial growth in real estate lending, especially construction lending. Unfortunately, the lead article in the Business Section of the January 28, 2016, issue of the Los...more
A “Morris agreement” between a title insured and mechanics lien claimants was unenforceable, because the agreement wasn’t an arms-length transaction, and the settlement left the insured without any risk of personal liability,...more
REAL PROPERTY UPDATE - Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more
BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more
The Middle District of Florida recently granted in part and denied in part plaintiff Stewart Title Guaranty Company’s (“Stewart Title”) motion to dismiss defendant First American Title Insurance Company’s (“First American”)...more
In a recent decision written by Judge Sykes, affirming a decision from the Western District of Wisconsin, in an issue governed by Wisconsin law, the Seventh Circuit ruled that a title insurer has no duty to indemnify a...more
A title insurance company can deny a construction lender’s coverage against mechanics liens that were asserted after the lender stopped funding the construction escrow, even though the lender was entitled to do so under the...more
In This Issue: - Global Solar Energy – A Bright Future - Shared (Common) Facilities in LNG Projects - Hydropower Concessions – Long Awaited Reform - FERC's Order No. 807 Addresses Open Access And...more
On March 12, 2015, the United States Court of Appeals for the Seventh Circuit entered an opinion interpreting “the most litigated provision in the standard-form title-insurance policy purchased by real-estate lenders to...more
As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more