Florida homeowner’s association not barred from foreclosing its lien as a result of a…

In Jallali v. Knightsbridge Vill. Homeowners Ass’n, Inc., No. 4D15-2036 (Fla. Dist. Ct. App. Jan. 4, 2017) a Florida Appellate court found that the filing of a lis pendens by the first mortgage holder did not bar a subsequent foreclosure by a homeowner’s association. In Jallali, the first mortgagee filed…

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Assignment of mortgage not a transfer of a “beneficial interest” in real property to…

In City of Chicago v. Elm State Prop. LLC, 2016 IL App (1st) 152552 (Dec. 22, 2016) the First District Appellate Court of Illinois held that the assignment of mortgage loan was not a transfer of a “beneficial interest” in real property triggering a transfer tax assessment under the Chicago…

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Tower erected to support wind energy system is a fixture that cannot be liened…

AUI Const. Grp., LLC v. Vaessen, 2016 IL App (2d) 160009 (Nov. 9, 2016) involved a subcontractor who constructed a tower to support a wind energy system. The contractor was later found bankrupt and the subcontractor sued to foreclose a mechanic’s lien on the property where the tower was constructed.…

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