LexisNexis® Legal Newsroom
Real Cases in Real Estate by Andrea Lee Negroni, Esq. – January 31st Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Lenders Have To Do What They Are Told (At Least When It Comes To Accepting Funds To Pay Off A Loan And Cancel A Mortgage)

This was the take home message from a recent Appellate Division opinion -- Lakeland Bank v. Sampson . In that case, Lakeland obtained final judgment of foreclosure against its borrower in connection with a home equity line of credit which was secured by a mortgage on the borrower's home. Lakeland...

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...

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...

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...

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...

High Priority: Sometimes A Later-Filed Mortgage Can Have Priority Over An Earlier-Filed One

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 priorities. In Rosenthal & Rosenthal, Inc....