Election Of Remedies: Can Mortgagees Have Their Cake And Eat It Too?
Most secured creditors have multiple options if the debtor defaults on payment. That is precisely why they require borrowers to pledge security (such as real estate) for the performance of the repayment of the debt – so that if the borrower defaults, the creditor is not limited to the borrower’s promise to repay the debt – in addition, the creditor can seek reimbursement from the sale of the secured asset.
How Long Can A Lender Wait Before Foreclosing Or Suing On A Note?
Years ago, Justice Oliver Wendell Holmes, Jr. asked: “What is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time?” Several reasons exist: [1] our laws aim to resolve just claims within a reasonable time; [2] if a claimant sits on her rights for too long, relevant evidence to disprove the claim may be lost or destroyed by the passage of time; and [3] litigation of a long-dormant claim by result in more cruelty than justice
Protecting Your Real Estate Commissions
Most real estate professionals understand that a purchase-money mortgage is senior to all other liens. But that is only mostly true. One important exception for all real estate professionals to be aware is the “PACA Trust.”
The PACA Trust
Most real estate professionals understand that a purchase-money mortgage is senior to all other liens. But that is only mostly true. One important exception for all real estate professionals to be aware is the “PACA Trust.”
Civil Remedies And The Commercial Lease
Commercial landlords today have considerable rights and remedies if a tenant defaults. This article discusses two remedies available to landlords.
Property Owners Waive All Claims And Defenses Against Lender After Foreclosure
You’re Not in Kansas Anymore: A Cautionary Tale Concerning Real Estate Transactions in Arizona
Mediating Real Estate Disputes
Litigating real estate disputes can be expensive and time consuming. Here are three tips on how to increase your odds of successfully resolving real estate disputes at mediation.
Joint Owners Of Easement Must Share Costs To Maintain Easement
When multiple property owners share interests in an easement, who must pay for the easement’s maintenance? Read this article to find out.
Don’t Ever Give Up
Twenty-four months ago, Blue Bell was on the eve of extinction. Yet once again, the closely held company anticipates hundreds of millions in revenues, and our freezers are filled with heaven.
Slander of Title = Strict Liability
One of the chief hallmarks of America’s jurisprudence is our careful protections and respect for one another’s individual property rights. For example, regarding real estate, it is unlawful to record a groundless document or lien against a real property.