Real Estate Law

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Just When You Thought General Contractors Were Necessary Parties. . .
Posted on 20 Jan 2015 by Christopher G. Hill

Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code... Read More

Update Relating to SB891 and Bond Claim Waivers
Posted on 26 Jun 2015 by Christopher G. Hill

Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I... Read More

Pennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority
Posted on 18 Aug 2014 by Duane Morris LLP

Pennsylvania Governor Tom Corbett has signed into law Act 117 of 2014, [ enhanced version available to subscribers ], which amends the Pennsylvania Mechanics' Lien Law (MLL), 49 P.S. 1101, et seq., [ enhanced version available to Read More

Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers
Posted on 14 Apr 2015 by Christopher G. Hill

You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General... Read More

Mechanic’s Liens Demand “Perfection” in Virginia
Posted on 27 Jan 2015 by Troutman Sanders

By Bradfute "Brad" W. Davenport, Jr. and Stanley W. Hammer Mechanic’s liens can be powerful devices for contractors to secure payment. They receive priority over most other liens, and once a mechanic’s lien is recorded, the... Read More

After the Bank Forecloses, Must It Actually Sell Your House?
Posted on 9 Oct 2014 by Foley & Lardner LLP

By Philip C. Babler The Wisconsin Supreme Court will answer this question in Bank of New York v. Carson , No. 2013AP544, [ enhanced version available to subscribers ]. It heard argument in this case last week. The case began more than... Read More

D.C. Court of Appeals Extinguishes Lender’s Mortgage Lien Following Association Lien Foreclosure
Posted on 24 Sep 2014 by Ballard Spahr LLP

By Roger D. Winston and Joseph E. Lubinski A recent decision by the District of Columbia Court of Appeals brings into renewed focus the tension between condominium and homeowner associations and lenders when it comes to payment of delinquent association... Read More

Does Pennsylvania Law Permit Contractors And Owners To Extend the Six-Month Filing Deadline By Agreement?
Posted on 30 Oct 2014 by Babst Calland

By Dylan B. Spadaccino It is not uncommon for a subcontractor, for example, to call his or her attorney regarding filing a lawsuit against the prime contractor, 13 months after the dispute arose, only to learn that buried deep within the 50 page, single... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – November 19, 2014 Update
Posted on 20 Nov 2014 by Andrea Lee Negroni

HUD-insured Nevada mortgages are not trumped by lien foreclosures of homeowner associations, notwithstanding Nevada’s superpriority lien law and the Nevada Supreme Court decision in SFR Investments Pool v. Wells Fargo . Mortgage lenders have been... Read More

Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements
Posted on 4 Nov 2014 by Babst Calland

By James D. Miller, Esq. On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”), [ enhanced version available to subscribers ], amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et... Read More

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER
Posted on 23 Mar 2015 by Babst Calland

Due to the weather for Thursday, March 5, 2015, Babst Calland’s Construction Law 2014: The Year in Review seminar has been rescheduled and will now be held on Wednesday, March 25, 2015. We apologize for any inconvenience this may cause you, and... Read More

Lenders’ Rights Under Threat in Nevada: the Nevada Supreme Court Rules That Homeowners Association Liens Can Extinguish First Deeds of Trust
Posted on 19 Dec 2014 by GreenbergTraurig

In a September 2014 ruling, the Nevada Supreme Court held that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure is to... Read More

Bond Principal Necessary on a Mechanic’s Lien Claim
Posted on 23 May 2013 by Christopher G. Hill

As anyone that reads this construction law blog knows, mechanic's liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic's lien here in Virginia that we have not discussed... Read More

Appeals Court Puts Brakes On Condominium Rolling Super Lien Practice
Posted on 24 Mar 2015 by Vetstein Law Group, P.C.

Ruling Hurts Condominium Associations’ Collection Efforts The Massachusetts Condominium Act gives condominium associations the ability to file a “super-lien” for unpaid monthly condominium fees, six months of which is given priority... Read More

Lenders Get Protection Under New Amendments to Nevada’s HOA Lien Priority Statute
Posted on 14 Jul 2015 by GreenbergTraurig

In a September 2014 ruling, the Nevada Supreme Court sent shockwaves through the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first... Read More