LexisNexis® Legal Newsroom
HOA Lien Extinguishes First Deed of Trust in Foreclosure, Nevada Supreme Court Holds

By Abran Vigil and Matthew D. Lamb On the heels of a recent D.C. Court of Appeals ruling , [ enhanced version available to lexis.com subscribers ], the Nevada Supreme Court issued an opinion last Thursday holding that a homeowners association (HOA) lien is a true super-priority lien that, if foreclosed...

After the Bank Forecloses, Must It Actually Sell Your House?

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 3 1/2 years ago when a widow—physically and...

Does Pennsylvania Law Permit Contractors And Owners To Extend the Six-Month Filing Deadline By Agreement?

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 spaced, 8-point font contract, lurks a clause...

D.C. Court of Appeals, Nevada Supreme Court Extinguish Lender's Mortgage Lien Following Association Lien Foreclosures

By Roger D. Winston and Joseph E. Lubinski A recent decision by the District of Columbia Court of Appeals, [ enhanced version available to lexis.com subscribers ], brings into renewed focus the tension between condominium/homeowner associations and lenders when it comes to payment of delinquent...

Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements

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

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – November 19, 2014 Update

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 understandably upset by the September decision of...

Lenders’ Rights Under Threat in Nevada: the Nevada Supreme Court Rules That Homeowners Association Liens Can Extinguish First Deeds of Trust

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 recover assessments categorized as super priority...

Reminder: Your MLA Notice Must Have Your License Number

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 in the strictly interpreted mechanic’s lien...

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Just When You Thought General Contractors Were Necessary Parties. . .

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 Section 43-71 , [ enhanced version available to...

Mechanic’s Liens Demand “Perfection” in Virginia

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 property in question is encumbered until the lien...

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too

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 the mechanics lien statutes in its most extensive...

Mechanic's Liens: Part 1.Technical Risks

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 mechanic’s lien. But over the years judicial...

Mechanic's Liens: Part 2. Practical Risks

By John Lockard , Partner, Vandeventer Black LLP A mechanic’s lien is a powerful tool to secure payment for construction work. As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien. Heads Up Sprinkler lost its mechanic’s lien after...

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER

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 we hope that you will be able to join us on this new...

North Carolina Mechanic’s Lien Rights: The Short Summary©

By Neil Lowenstein , Attorney, Vandeventer Black LLP [1] Generally speaking, the North Carolina code structure gives two types of liens: 1) a claim of lien on real property; and 2) a claim of lien on funds. Attorney’s fees can also be discretionarily awarded by the court to the prevailing party...

Appeals Court Puts Brakes On Condominium Rolling Super Lien Practice

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 over a first mortgage against the unit. The...

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract...

Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

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 Assembly would not do anything to make mechanic’s...

Proposed Amendment to Mechanics’ Lien Law Seeks to Give Architects Lien Rights in Pennsylvania

By Marc J. Felezzola Representative Dan Truitt , a Republican serving part of Chester County, Pennsylvania, recently proposed as House Bill 430 legislation, [ enhanced version available to lexis.com subscribers ], that seeks to amend the Pennsylvania’s Mechanics’ Lien Law of 1963 (i...

Back Posting with Thoughts on Lien Waivers

After a week of being unable to post due to the rigors of my solo construction practice , I’m back on the blogging train. For those of you that missed my new musings this past week, I hope that you had a chance to look through some of the past Guest Post Friday posts for some good stuff to read...

Update Relating to SB891 and Bond Claim Waivers

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 posted in March , SB891, [ enhanced version available...

City of Philadelphia Requests Proposals to Implement Online Auction for Sale and Assignment of Delinquent Real Estate Tax Liens

The City of Philadelphia recently announced a request for proposals to implement an online auction for the sale and assignment of some of the city's delinquent real estate tax liens. The auction will allow third parties to bid on the tax liens, with the successful bidder assigned the lien from the...

Lenders Get Protection Under New Amendments to Nevada’s HOA Lien Priority Statute

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 deed of trust on a property if that foreclosure is...

"Get Your Priorities Straight!" Refinanced First Mortgage Maintains Priority Over Junior Liens

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 (i.e., it wins the "race" to the clerk's...