judgment lien priority

• HSBC Mtge. Servs., Inc. v. Raschke, (Ohio 2010)

summary judgment - foreclosure – lien priority – refinancing – lender – borrower – title agent – culpable negligent – equitable subrogation – mistake – judgment lien – bankruptcy discharge

• Ohio Supreme Court

• McGinnis v. Hensley, (Ohio 2005)

Land installment contract-judgment lien-priority-judgment creditor-bona fide purchaser.

• Ohio Supreme Court

• Maryland Court of Appeals to Hear Rape Victim's Appeal

The Court of Appeals has agreed to decide whether a girl who won a $2 million judgment against the man convicted of sexually abusing her has lien priority of his home over a title company. The state's highest court granted a petition for writ of certiorari last week in Mary B. v. Chicago Title Insurance Co. to determine if state law "grants priority to an unrecorded deed of trust over a judgment lien holder.

• The Daily Record (Baltimore)
• June 21, 2010

• Deutsche Bank Natl. Trust Co. v. Boswell, (Ohio 2011)

DEBTOR/CREDITOR – REAL PROPERTY – PROCEDURE/RULES: A mortgage recorded after the recording of a judgment lien was not entitled to priority over the judgment lien, when the bank holding the mortgage had failed to show that its predecessor was not negligent and had acted according to ordinary and reasonable business practices in failing to discover the judgment, which was a public record, and in failing to record the mortgage for a month. While a stranger to a judgment may collaterally attack that judgment for lack of jurisdiction, the bank failed to substantiate its position that the judgment underlying the judgment lien was void due to a defect in service on the debtor with documents properly authenticated and referred to in a properly framed affidavit, as required by Civ.R. 56(E). A...

• Ohio Supreme Court

• Bank of Am., N.A. v. Omega Design/Build Group, L.L.C., (Ohio 2011)

APPELLATE REVIEW/CIVIL – REAL PROPERTY – PROCEDURE/RULES: In a foreclosure action involving a multistory condominium complex, a trial court’s order granting partial summary judgment to mechanic’s-lien claimants, and denying a bank’s cross-motion for summary judgment, on the sole legal issue of the priority of the mechanic’s liens over the bank’s mortgage is a final appealable order under the syllabus paragraphs of Queen City Savings & Loan Co. v. Foley (1960), 170 Ohio St. 383, 165 N.E.2d 633. [But, see, DISSENT: Queen City does not apply to make the entry of partial summary judgment for the lien claimants a final appealable order; the issue of priority was not decided by the trial court in the absence of a determination of the validity of the mechanic’s liens themselves, and until ...

• Ohio Supreme Court

• Washington Mut. Bank, FA v. Aultman, (Ohio 2007)

Trial court erred in overruling bank’s motion for summary judgment and granting additional mortgagee’s motion for summary judgment upon ruling that the bank was not entitled to equitable subrogation to first lien priority. Judgment reversed and cause remanded for further proceedings consistent with this opinion.

• Ohio Supreme Court

• 27 CFR 70.143 - Definitions.

...: Lien for Taxes. 70.143 - Definitions. (a) Security int... under local law against a subsequent judgment lien (as provided in paragraph (a)(2) of this sect... section, at the time as of which its priority against a tax lien is determined. For example, to ...

• Code of Federal Regulations - Title 27: Alcohol, Tobacco Products and Firearms

• Union Bank Co. v. North Carolina Furniture Express, L.L.C., (Ohio 2010)

Trial court did not abuse its discretion when it denied the motion to substitute appellant-assignee as a party-defendant for its assignor on the basis that the appellant-assignee did not acquire any interest in the property. Trial court did not abuse its discretion when it failed to rule on appellant-assignee's Civ.R. 60(B) motion when appellant-assignee did not have standing to challenge the default judgment entered against its assignor. Trial court did not absue its discretion when it partially vacated the second foreclosure action when appellant-assignee did not receive an interest in the property. Trial court did not abuse its discretion when it allowed appellant-assignee to have a fourth priority judgment lien in the first foreclosure action when the appellant-assignee's default...

• Ohio Supreme Court

• Texas Enacts The Texas Assignment Of Rents Act

... for mortgage lenders was that in a priority contest between a mortgage lender with a recorded,... unenforced assignment of rents, and a judgment lien creditor that had obtained and served a writ ...

• Mondaq Business Briefing
• United States Law Articles in English

• Link v. Matthews, (Ohio 2009)

On appeal, Kinstle contends that the trial court erred in granting summary judgment to the Engineer and Commissioners because it improperly allowed supplemental evidence to be introduced and because it did not explicitly determine which additional parties had valid liens or lien priority. Based upon the following, we affirm the judgment of the trial court.

• Ohio Supreme Court