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Refinancing distressed loans - issues and choices arising in the current economic climate
- Pillsbury Winthrop Shaw Pittman LLP
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- USA
- -
- March 4 2010
An extended period of economic decline has affected the financial viability of many affordable housing projects
Illinois Supreme Court clarifies rights of lenders and mechanics lien claimants to proceeds of foreclosure sale
- Duane Morris LLP
- -
- USA
- -
- March 10 2011
The Illinois Supreme Court has issued an opinion - in LaSalle Bank v Cypress Creek 1, LP - clarifying the relative priorities of a lender and mechanics lien claimants to the proceeds of a foreclosure sale where the lender's mortgage was recorded before the mechanics liens attached
Chicago amends vacant building ordinance
- Locke Lord LLP
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- USA
- -
- August 11 2011
For years mortgage lenders and servicers have faced housing court complaints in which cities like Chicago complain that mortgaged properties are unsafe or in need of maintenance or repair to comply with city building codes
Construction work did not relate to demolition work two years earlier, so intervening mortgage had priority over contractor’s mechanic’s lien
- Larkin Hoffman
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- USA
- -
- April 18 2011
Under Minnesota law, work completed after a mortgage is granted and recorded can, in some situations, nonetheless give rise to a mechanic's lien that has higher priority than the mortgage
Secured lenders beware: well testing and drilling by third-party constitutes first actual physical improvement under Michigan Construction Lien Act
- Barnes & Thornburg LLP
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- USA
- -
- March 9 2012
The Michigan Court of Appeals recently held that well testing and drilling performed on vacant real estate that was later developed into a subdivision constituted the first actual physical improvement under the Michigan Construction Lien Act, MCL 570.1191 et seq. (the Act
Lender may be liable for allowing disbursements in excess of loan budget
- Reed Smith LLP
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- USA
- -
- April 27 2009
A federal district court has held in a construction lending dispute that claims that a bank breached its contract by allowing loan disbursements in excess of the loan budget, and by failing to perform inspections before disbursement, could proceed to trial
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