Mechanic's Liens. Legal news and articles for November 22 - 30, 2011

My House Has WheelsMountain Law: Risks with buying bank-owned real estateNOTICE OF FORECLOSURE SALE FILE . . .Lien Away as It's an Absolutely Protected Right in CaliforniaScott DeGraff found deadDifferent vehicle owner, same unexpected big billWhich dispute resolution system applies – construction lien or arbitration?QUAD CITY BANK AND TRUST COMPANY v. JDHP DEVELOPMENT, L.L.C.MHB CONSTRUCTION SERVICES, L.L.C. v. RM-NA HB WATERWAY SHOPPES, L.L.C.IN RE ORRALL STAR POOL PLASTERING, INC. v. CLAWSONASPHALT PROFESSIONALS, INC. v. T.O. IX, LLCLocal Repo Man Has Some Drivers Crying FoulMel Blumenthal: Base Village foreclosure: It's finally doneConsumer Tip: Ins, outs about homestead declarations

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Holland & Knight LLP | Alert - November 10, 2011
Linex Legal (press release) (registration)November 11, 2011

Pension funds and unions now have alternative and redundant avenues of recovery enabling them to directly lien construction projects. Concurrent or simultaneous mechanics liens to collect unpaid contributions with or without an ERISA action pending in ...more »

MHB CONSTRUCTION SERVICES, L.L.C. v. RM-NA HB WATERWAY SHOPPES, L.L.C.
Leagle.comNovember 24, 2011

Michael J. Yates of the Law Offices of Michael J. Yates, PL, Miami, for appellant. Scott D. Rembold and Mark D. Bohm of Bogert & Rembold, PL, Coral Gables for Amicus Curiae South Florida Associated General Contractors. In its consolidated appeals, ...more »

Mechanic's Liens. News and Stories

My House Has Wheels
San Diego ReaderNovember 30, 2011

Back home in Texas, Mike owned a financial-services business, which he describes as “helping contractors to do the paperwork, like mechanics' liens, so they can get paid.” Divorced with several grown kids, he's originally from Israel. ...more »

Mountain Law: Risks with buying bank-owned real estate
Summit Daily NewsNovember 30, 2011

The title company will issue the policy on standard “ALTA” forms (that are generally acceptable to real estate practitioners) and agree to provide “extended coverage” for common title risks such as unrecorded easements, mechanics' liens, ...more »

NOTICE OF FORECLOSURE SALE FILE . . .
New Bern Sun JournalNovember 30, 2011

... but not limited to any applicable transfer taxes), special and homeowners' association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics' and materialmen's liens, and any recorded releases. ...more »

Lien Away as It's an Absolutely Protected Right in California
JD Supra (press release)November 30, 2011

As a practical matter, this holding makes clear that contractors, suppliers and other mechanic's lien claimants working on private projects should record their mechanic's liens (and, later, a lis pendens as part of their foreclosure actions) when in ...more »

Scott DeGraff found dead
Aspen Daily NewsNovember 25, 2011

A judgment against DeGraff was awarded to the building's contractor for $703000 in 2010, and mechanic's liens on the property total more than $793000. A case related to the Junk/Liquid Sky debts is still pending in district court. ...more »

Different vehicle owner, same unexpected big bill
Fort Worth Star TelegramNovember 25, 2011

Later, Duncan placed a mechanic's lien against McCall, increasing the cost of returning the vehicle to $3700. A week ago, the lawyer and his client sent by courier a letter demanding the return of the truck. The letter included a $900 cashier's check. ...more »

Which dispute resolution system applies – construction lien or arbitration?
Lexology (registration)November 24, 2011

In addition, the judge held that the mechanics lien trial could and should dispose of all claims relating to the mechanics' liens. SNC-SNAM appealed that decision to the New Brunswick Court of Appeal. The first issue was whether any appeal could be ...more »

QUAD CITY BANK AND TRUST COMPANY v. JDHP DEVELOPMENT, L.L.C.
Leagle.comNovember 24, 2011

Two parties holding mechanic's liens on real estate in a pending foreclosure action appeal a district court ruling approving the sale of the property as "commercially reasonable" under Iowa Code section 654.17A. Subsequent to the lienholders filing ...more »

MHB CONSTRUCTION SERVICES, L.L.C. v. RM-NA HB WATERWAY SHOPPES, L.L.C.
Leagle.comNovember 24, 2011

Michael J. Yates of the Law Offices of Michael J. Yates, PL, Miami, for appellant. Scott D. Rembold and Mark D. Bohm of Bogert & Rembold, PL, Coral Gables for Amicus Curiae South Florida Associated General Contractors. In its consolidated appeals, ...more »

IN RE ORR
Leagle.comNovember 23, 2011

Some of the subcontractors and material suppliers were not, in fact, fully paid by OSI and have filed in excess of $1 million of mechanics' liens against the Property. The mechanics' lien claimants have brought litigation in State Court to foreclose ...more »

ALL STAR POOL PLASTERING, INC. v. CLAWSON
Leagle.comNovember 23, 2011

Defendant and appellant Brad Clawson challenges the judgment entered against him and in favor of plaintiff and respondent All Star Pool Plastering, Inc. (Subcontractor) in its action to foreclose on a mechanic's lien recorded against Clawson's property ...more »

ASPHALT PROFESSIONALS, INC. v. T.O. IX, LLC
Leagle.comNovember 23, 2011

Defendant TO IX, LLC (TO IX) appeals an award of $1.65 million as attorney's fees to plaintiff Asphalt Professionals, Inc. (API), after API obtained a judgment against TO IX for breach of contract, foreclosure on a mechanic's lien and quantum meruit ...more »

Local Repo Man Has Some Drivers Crying Foul
MyFox HoustonNovember 23, 2011

Because he says the mechanic's lien notice wasn't on any paperwork either one of them had signed at repair shops. "In the state of Texas it has to be on the written contract," he says. All three lawsuits filed against Hutchinson and the repair shops ...more »

Mel Blumenthal: Base Village foreclosure: It's finally done
Snowmass Sun Online NewsNovember 22, 2011

With nothing more than a gut feeling and some knowledge of what goes on around this place, including the little-known fact that Related recently bought up all the outstanding Base Village mechanic's liens totaling about $800000, I'll go out on a limb ...more »

Consumer Tip: Ins, outs about homestead declarations
Marin Independent-JournalNovember 22, 2011

It will not prevent the foreclosure and possible sale of the home from claims of creditors secured by a mortgage, deeds of trust or businesses that have mechanic's liens on the property as a result of providing services or improvements. ...more »

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