They should however in my opinion record a deed of trust on the property or some variation there of showing that they have
a priority lien on the property.
Not exact matches
Our revolving credit facilities provide our lenders with first -
priority liens against substantially all of our assets, including our intellectual
property, and contain financial covenants and other restrictions
on our actions, which could limit our operational flexibility and otherwise adversely affect our financial condition.
If the fair market value of a
property is less than the amount owed
on a first -
priority mortgage, a Chapter 13 debtor may be able to remove additional mortgage
liens through a process known as «
lien stripping.»
Representative Trial Experience: • Rosa Construction, Inc. v. Capstone Builders, Inc. et al. v. Sterling Savings Bank, Montana Eighteenth Judicial District Court (2013): Five day jury trial resulting in the permanent discharge of Capstone's improper construction
lien against Rosa's real
property, affirming the
priority of Sterling Savings Bank's mortgage
on Rosa's real
property, and awarding $ 1,425,000 in compensatory damages against Capstone for recording an improper
lien on Rosa's real
property and interfering with the Bank's mortgage interest.
Typically, the notes were issued by a Woodbridge affiliate and were described as being ultimately secured by a first -
priority lien on valuable real
property.
Represented real estate developer in lawsuit regarding
priority of
liens on investment
property.
If the obligor is an owner of the
property being improved, the
lien claimant shall be entitled to a claim of
lien upon real
property upon the interest of the obligor in the real
property to the extent of the owner's personal liability under subsection (b) of this section... which claim of
lien on real
property shall be entitled to the same
priorities and subject to the same filing requirements and periods of limitation applicable to the contractor.
Yes, you'll learn terms, legal terms, like encroachment, easement, plat and survey,
property descriptions, market value and what must be present to establish a market value, what a single family dwelling is (many here don't even know what that is, yet they try to deal in them), you'll learn what
property rights are and how certain rights are conveyed, what may cloud title or encumber title, what a
lien is and types of
liens as well as their
priority, what responsibilities there are with ownership... and the list goes
on.
The Title Company then issued a policy insuring that the Lender's recorded mortgages would receive
lien priority on the
Property.
But before that can happen, the lender needs to make sure there are no other previous
liens on the
property that would take
priority over the lender's filing.