During the recent real estate crisis, competition for scarce dollars pitted the holders of defaulted mortgages against condominiums and homeowner associations seeking to collect maintenance assessments. Statutes providing mortgagees with lien priority threatened association ability to provide services, and imposed a disproportionate burden on non-defaulting unit owners. Statutes enacted in other states gave associations a “super priority” lien for six months of assessments, but left uncertainty about the meaning of that super priority in an environment in which foreclosure delays became the norm.The last five years have brought a spate of litigation over the relative rights of associations and mortgagees. The litigation appears to have sett...
This article analyzes a recent California appellate decision holding that two lenders had equal prio...
Since they are of statutory origin, mechanics\u27 liens must be classified and treated upon a differ...
This Note argues that the Ninth Circuit erred in holding that the Federal Foreclosure Bar requires t...
During the recent real estate crisis, competition for scarce dollars pitted the holders of defaulted...
This Note will discuss the issues concerning laws regulating lien priority in association foreclosur...
Intentionally or not, every state’s law regarding lien priority and post-foreclosure liability alloc...
Today\u27s soaring mortgage default rate and the uncertainty and delay associated with mortgage fore...
An association’s six-month lien priority is sometimes termed a “superlien,” but there is nothing par...
Over the past decade, the relative standing of liens and UCC security interests has been a matter of...
A bank can choose if and when to foreclose on a property in default. Usually, it will choose to fore...
This Article looks at the New Illinois Mortgage Foreclosure Act as it relates to priority in the for...
Few reported cases have addressed the relative priority rights of a mortgage lender and the IRS for ...
During the past three decades, the priority of the federal government as against state and private c...
Within the academic circles of commercial law, secured credit is about as hot as a topic can get. Fo...
Parties to lending agreements can create priority rankings in two ways: by securing a lender or by p...
This article analyzes a recent California appellate decision holding that two lenders had equal prio...
Since they are of statutory origin, mechanics\u27 liens must be classified and treated upon a differ...
This Note argues that the Ninth Circuit erred in holding that the Federal Foreclosure Bar requires t...
During the recent real estate crisis, competition for scarce dollars pitted the holders of defaulted...
This Note will discuss the issues concerning laws regulating lien priority in association foreclosur...
Intentionally or not, every state’s law regarding lien priority and post-foreclosure liability alloc...
Today\u27s soaring mortgage default rate and the uncertainty and delay associated with mortgage fore...
An association’s six-month lien priority is sometimes termed a “superlien,” but there is nothing par...
Over the past decade, the relative standing of liens and UCC security interests has been a matter of...
A bank can choose if and when to foreclose on a property in default. Usually, it will choose to fore...
This Article looks at the New Illinois Mortgage Foreclosure Act as it relates to priority in the for...
Few reported cases have addressed the relative priority rights of a mortgage lender and the IRS for ...
During the past three decades, the priority of the federal government as against state and private c...
Within the academic circles of commercial law, secured credit is about as hot as a topic can get. Fo...
Parties to lending agreements can create priority rankings in two ways: by securing a lender or by p...
This article analyzes a recent California appellate decision holding that two lenders had equal prio...
Since they are of statutory origin, mechanics\u27 liens must be classified and treated upon a differ...
This Note argues that the Ninth Circuit erred in holding that the Federal Foreclosure Bar requires t...