News & Analysis as of September 22, 2024

Mortgages › Recordation

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Assignment and Recordation of Patent Ownership Rights

Spilman Thomas & Battle, PLLC on 11/12/2021

A patent has the attributes of intangible personal property - it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 8, 2021

Carlton Fields on 10/8/2021

Real Property Update - Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more

Is Your Lease Financeable?

Manatt, Phelps & Phillips, LLP on 8/13/2015

It is often the case that parties enter into a lease thinking it is a temporary use of space by the tenant, which frequently amounts to nothing more than an expense line item on the budget. However, if a lease is structured...more

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

Poyner Spruill LLP on 8/1/2013

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing...more

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

Baker Donelson on 5/22/2013

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on...more

Failure to Comply with Minnesota's Statutory Requirements in Foreclosure by Advertisement Costs Lender

Winthrop & Weinstine, P.A. on 4/25/2013

Lenders foreclosing by advertisement in Minnesota must comply with many technical requirements. One requirement is "that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been...more

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