Real Estate Law

Recent Posts

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

A Missouri condominium association’s lien for an unpaid assessment was superior to a deed of trust securing the owner’s refinance loan . In 2004, Trish Carcopa bought a condominium at Parkway Towers in Kansas City, Missouri. In 2006, she refinanced... 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

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

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

High Priority: Sometimes A Later-Filed Mortgage Can Have Priority Over An Earlier-Filed One
Posted on 20 Aug 2015 by Peter J. Gallagher

Another day, another post about mortgage priority. Last time, I posted about how refinancing a first mortgage impacts its priority -- click here if you don't remember -- and now comes an even more interesting, and more unique, case about mortgage... Read More

"Get Your Priorities Straight!" Refinanced First Mortgage Maintains Priority Over Junior Liens
Posted on 19 Aug 2015 by Peter J. Gallagher

New Jersey is a "race-notice" jurisdiction when it comes to mortgage priority. What this means, in its simplest terms, is that if Party A obtains a mortgage on a piece of property before Party B does, but Party B records its mortgage first ... Read More