Real Estate Law

Recent Posts

Court of Appeals Rejects Attempted Restriction of “Mortgage Banker” Priority Provision
Posted on 20 Mar 2014 by Foley & Lardner LLP

On February 20, 2014, the Wisconsin Court of Appeals issued an opinion interpreting the meaning of “mortgage banker” under Wis. Stat. § 224.71(3) [ version available to lexis.com subscribers ] and finding that a mortgage holder was entitled... Read More

Reminder: Your MLA Notice Must Have Your License Number
Posted on 15 Jan 2015 by Christopher G. Hill

Remember a couple of years ago when the Virginia mechanic’s lien rules changed to require inclusion of a claimant’s contractor’s license number (where a license is required) ? If not, then this is a reminder of that particular wrinkle... Read More

Mechanic's Liens: Part 1.Technical Risks
Posted on 10 Feb 2015 by Vandeventer Black LLP

By John Lockard , Partner, Vandeventer Black LLP Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the... 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

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 lexis.com subscribers ], which amends the Pennsylvania Mechanics' Lien Law (MLL), 49 P.S. 1101, et seq., [ enhanced version available to lexis.com... 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

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too
Posted on 2 Feb 2015 by LexisNexis Legal Newsroom Staff

By Mr. William Michael Hensley Get the latest expert analysis on California mechanics liens cases. This article covers recent cases and their practical implications. Excerpt: Effective on January 1, 2011 and then July 1, 2012, California overhauled... 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 lexis.com 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