Share this page | Email | Contact Us

Special Report on

Subordination of Lien Rights

subordination of lien rights special research report Photo by
Susan L. McGreevy is a partner and Heath A. Hawk an associate in the Kansas City, Missouri, office of Stinson Morrison Hecker LLP. The concept of the mechanic’s lien is little known outside the construction industry and is further limited to certain industrialized nations. The concept is encountered every day, however, by the attorneys representing parties to a construction project—whether such parties be owners, lenders, title or escrow companies, contractors, subcontractors, or vendors. The original common law lien, “by which the workman was permitted to retain possession of the chattel, which had been ...
countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the USA, in other countries it refers to a purely possessory form of security interest; indeed, when possession of the property is lost, the lien is released. However, common-law countries also recognize a slightly anomalous form of security interest called an "equitable lien" which arises in certain rare instances. Despite their differences in terminology and application, there are a number of ...
Addressing Landlord's Liens in Texas Commercial Leases « The ...
Landlords rely upon a number of remedies when enforcing payment under a commercial lease.  Most of these remedies are based solely upon the terms of the lease agreement.  In Texas, landlords also enjoy a statutory lien on the tenant’s property within the rented space. Section 54.021 of the Texas Property Code provides landlords a priority lien on all property of the tenant which is in the leased space securing payment up to the amount of past due rent and some limited future rent.  For any rent more than six months past due, a landlord must file a lien statement with the county clerk for the county in which the leased ... market research, surveys and trends
Bankruptcy and Restructuring Blog: Equitable Subordination of a ...
In a majority opinion dated December 15, 2009, the Ninth Circuit Bankruptcy Appellate Panel held that a chapter 11 debtor may not equitably subordinate a creditor's claim and transfer the lien securing that claim, when such creditor is, itself, in bankruptcy, before first obtaining relief from the automatic stay under section 362 of the U.S. Bankruptcy Code in such creditor's bankruptcy case.  Lehman Commercial Paper v. Palmdale Hills Prop. (In re Palmdale Hills Prop., LLC) , 2009 Bankr. LEXIS 4294 (B.A.P. 9th Cir. Dec. 15, 2009).   It is well established that a bankruptcy court has the power ... market research, surveys and trends


ION Media: Second Lien Terms Enforced
Jan 8, 2010 ... company, issued $725 million of secured first lien debt and $405 million of ... first lien creditors by distributing 95 percent of the new stock to them — on the same ... Pledge and Security Agreement; it created a lien subordination, ... Some or all of the rights related to the FCC licenses were ... industry trends, business articles and survey research
Second-Lien Financings Part III: Anecdotes—the Good, the Bad and ...
This is the third installment in a series of articles that focus on the actual experiences realized when second-lien financings hit the bankruptcy courts. In the second installment printed in the March Journal , we explored the American Remanufacturers case. This third installment explores the Atkins Nutritionals Inc., et al, chapter 11 cases. As a reminder, this report is purely anecdotal. However, it is readily apparent that the comparisons with the first installment could not be more striking. Atkins resulted in a confirmed chapter 11 reorganization plan, a continuing business operation, and both first- and second-lien ... industry trends, business articles and survey research
James Edward Blaney, Blaney & Ledin, Ltd., Lake Elmo, Minnesota, for amicus curiae Associated General Contractors of Minnesota. Considered and decided by Shumaker, Presiding Judge; Larkin, Judge; and Bjorkman, Judge. SHUMAKER, Judge. In this mechanic's-lien-foreclosure action, appellants bank, unit owners and project owner challenge judgment in favor of respondent general contractor, asserting that respondent's lien was subordinate to appellants' mortgage because the district court erred in determining that: (1) the subordination agreement among the parties operated as a lien waiver in violation of Minn. Stat. ... market trends, news research and surveys resources
8 Pitfalls Of Hotel Lending, And How To Avoid Them | Lessons From The Past By ...
Hotel Lawyer With Some Tips For Hotel Lenders So They Can Take Advantage Of Higher Yielding Loans With Less Risk - Authors of This article will focus on 8 pitfalls of hotel lending - the special traps that hotel lending presents beyond all the typical considerations of traditional real estate lending - and how to avoid them. These are hotel-specific structuring, documentation and legal issues that can really snare the unwary lender. This is the third article in a series. As the article titles of this series suggest, there are several aspects to successful hotel lending: Sometimes hotel lenders just need to ... market trends, news research and surveys resources


SUBORDINATION OF LIEN RIGHTS: To the extent and only to the extent required by the General Contract and/or the underlying construction financing ... technology research, surveys study and trend statistics
The easement and subordination and limited lien waiver shall continue for ... the United States in the easement and agrees that this right of access shall ... technology research, surveys study and trend statistics
:: College of Law :: Georgia State University
If the taxpayer does not pay a tax liability in full and fails to work with the IRS to find an alternative method to pay the tax, the IRS may file a Notice of Tax Lien against the taxpayer's property. § 6320.  By filing a lien, the IRS is making a legal claim to the taxpayer's property as security for payment for the tax debt.  The IRS may only file a Federal Tax Lien after (§ 6321): It assesses the liability; It sends a Notice and Demand for Payment (a bill that tells the taxpayer how much the taxpayer owe in taxes); and The taxpayer neglects or refuses to fully pay the debt within 10 days after ...
latest webinars
  1. Comments about our webinar
  2. Land Savers, Conservation Easements
Join these Webinars to learn more about current research, trends and surveys.
Oil/Gas: Lien for mineral rights, lien subordination
PLEASE READ CAREFULLY BEFORE SUBMITTING A QUESTION. I can answer all questions related to oil and gas ownership, mineral interests and working interests concerning the leasing and selling of your minerals, any questions concerning pipeline ROW's, units with the Louisiana Department of Conservation; pooling provisions, depth limitations, vertical or horizontal pugh clauses; and oil and gas terminology. I can offer assistance in negotiating for leasing your property, assisting in locating owners of suspended funds. I am only able to answer questions regarding oil and gas leases, minerals, royalties, or offers to purchase ...
WikiAnswers - What is Subordination in commercial lease
Almost without exception, shopping center leases contain subordination provisions stating that the rights of the tenants under the leases will be subject to the rights of any lender whose mortgage affects the shopping center. However, the tenant that agrees to subordinate its leasehold interest without reviewing the lease language carefully -- with an eye toward both the applicable law and the options available to it -- may find its lease terminated in the event of a foreclosure without any fault on the tenant's part. A tenant is rarely in a position simply to refuse to subordinate its lease to one or more mortgages; ...