Courts many times have characterized receiverships as a drastic, extraordinary remedy. They have called it a powerful weapon that should be used sparingly and only where clearly necessary. It follows naturally from this common judicial view that an association should carefully approach the question of whether the uncommon remedy of a receivership should be usedGo to Resource
Newsletters
Foreclosures through the Public Trustee’s office tend to increase when the economy falters but even in strong economic times associations will be faced with the repercussions of public trustee foreclosures. These foreclosures are generally commenced by first mortgage holders and can have a significant impact on associations. To understand the impact it is necessary toGo to Resource
There has been much conversation in recent years, and considerably more in recent months, about the association’s limited priority lien, or “superlien.” What was it intended to be, what is it, and where is it going? What was it intended to be? The superlien was created in order to protect associations against loss of assessmentsGo to Resource
The Service member’s Civil Relief Act (SCRA) expanded upon the former Soldiers’ and Sailors’ Civil Relief Act (SSCRA). The SCRA provides a wide range of protections for individuals entering, called to active duty in the military, or deployed service members. What affect does this law have on your association regarding collection of past due assessments? Go to Resource
The lien assignment process almost always begins with the owner’s mortgage lender (i.e. bank) commencing a foreclosure on its first deed of trust. Prior to the bank proceeding to foreclosure sale, it must submit a bid to the Public Trustee’s office. At that time, investors review the bank’s bid and determine if they would beGo to Resource