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US Bank, determined whether NRS 116.3116 was a true priority lien or whether it only created a payment priority between the HOA and beneficiary of the first deed of trust. (66) The court determined that NRS 116.3116(2) splits an HOA lien into a superpriority piece and a subpriority piece.
Specifically, the mechanic's lien holder argued that a doctrine of "merger" dictated that the deed in lieu "eliminated" the senior loan and deed of trust, precluding the ability for the senior lender to foreclose.
30, 1994, plaintiff recorded a deed of trust securing its $600,000 promissory note (dated Oct.
Under Tennessee law when a foreclosure sale of property secured by a deed of trust fails to satisfy the indebtedness, the creditor may recover a deficiency judgment.
Part III explores whether security agreements naming MERS as a mortgagee or deed of trust beneficiary meet traditional common law title conveyance requirements.
Therefore, the education at the Darulhuffaz of Nasuh Bey was described by the terms of the deed of trust; and teachers, students, and other staffs obeyed this deed of trust's rules.
Q My parents transferred their house to their children in 1997 under a deed of trust. They remained in the property until 2007, when the surviving partner moved to a care home.
They came bearing two boxes containing a legal Deed of Trust featuring the names of more than 90,000 people who jointly own a plot of land at the centre of the proposed runway development.
Now, Krell has opened his own law firm, which offers expertise in areas such as purchase and sale agreements, title and escrow matters, easements, covenants and restrictions, boundary issues, right-of-way and railroad issues, deed of trust foreclosures and short sales.
The other paper you signed was a mortgage, deed of trust or other "security agreement." Your security agreement provides the bank rights against the "security property." In the event of default, the bank can foreclose upon the security property, whether it's a house, automobile or other property.
For experienced real estate investors, McGee describes advanced techniques for investing in foreclosures, focusing on strategies that move away from working closely with homeowners (covered in her first book) and that instead involve deed of trust or note buying, trustee sale auctions, REO properties, short sales, and REO auctions.
It can be argued that the lending environment is less risky in Tennessee and in other states that are dominated by the deed of trust custom.