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Tag Archives: Liens

Real Property – Equitable Subrogation – Mortgages – Liens – Foreclosure (access required)

Countrywide Home Loans Servicing, LP v. States Resources Corp. A lender seeking equitable subrogation was not excusably ignorant, since a title search would have revealed the intervening lien. Equitable subrogation is not available as a remedy in these circumstances. The trial court did not err by granting a judgment on the pleadings to an intervening lien holder.

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Contract – Real Property – Liens – Implied Contract – Quantum Meruit – Staircase Installation (access required)

Waters Edge Builders, LLC v. Longa Where the parties did not have an express contract or one implied in fact but only one implied in law, the plaintiff-contractor was not entitled to place a lien on the defendant-owners’ real property. We affirm the trial court’s finding that the owners owed the contractor $5,000; we reverse the trial court’s order granting the contractor a claim of lien; and we vacate the trial court’s award of attorney’s fees to the contractor.

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NCBA section takes on ‘arduous task’ of updating lien laws (access required)

With so many diverse and competing interests, it's been difficult to get a consensus on how to do something everyone agrees must be done: Change the state's lien laws. Nan E. Hannah (pictured), head of the N.C. Bar Association's Construction Law Section, said recent bankruptcy decisions, economic factors, concerns in the title industry and other issues led the section to "take a really hard look at the lien law" this year.

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