107) It was the bank's position "that because the [non-judicial foreclosure] statutes do not require junior lienors
to be given notice of an impending HOA foreclosure sale that might extinguish their liens, junior lienors
in such circumstances are deprived of the fundamental right to notice protected by the.
That being the case, the answer on behalf of the lienor
will not defeat the foreclosure case.
unveiled and read, or Lienor
whose body remains enigmatic, indeterminate?
In addition, the lienor
may be compelled to reimburse the owner for costs expended by the owner in establishing the exaggeration.
For those equine industry service providers not in privity with the owner, a lienor
can typically perfect his or her lien on the horse in an easier fashion than what is required of construction liens.
71) Thus, even a foreclosed judgment lienor
is barred from invoking the "after-acquired property" concept as a basis for revival of its lien against the foreclosed property.
It is possible to bypass this step, and thereby accelerate the discharge process, by simply stipulating in advance with the lienor
as to the amount of the undertaking.
No New York Court of Appeals decision answering the unresolved issue noted above as to "retained percentages" in a dispute with a mechanic's lienor
has been located.
Even though the time may have passed to provide the advance notice of a full price lien, the potential lienor
may provide the owner written notice to establish an unpaid balance lien.
The surety contended on the other hand that the judgment creditor had failed to identify the current owner properly in its initial suit and that under the Louisiana public records doctrine a lienor
must properly identify the owner in order to properly notify third parties of its claim.
The lien should be enforced for sums unpaid and owed that made the property more valuable (to the extent of the reasonable unpaid value thereof), regardless of the ability of the subcontractor lienor
to sue the general contractor for breach of contract.
If the purchaser had no knowledge of the lien, the innocent purchaser has priority over the lienor
argued that under Florida law a lien foreclosure action is an action in equity subject to the jurisdiction of both the county and circuit courts depending on the amount in controversy.
1) the definition of "prejudice" to the junior lienor
Any credit grantor dealing with an individual sole proprietor, a personal guarantor or, in the case of the construction industry, any individual owner of real property on which there is an improvement which gives rights to a mechanic lienor
, must be aware of the law changes under the BAPCPA regarding Homestead Exemptions.