The Columbia Association noted that RP 11B-117(c)(1)(i) specifically refers to the "lien for the annual charge provided first priority over a
deed of trust or mortgage by the [Declaration]." The Columbia Association argued that this language recognized and preserved the first priority lien of the assessments under the Declaration.
(63) For example, multiple district courts have held that when an HOA forecloses on its superpriority lien, junior interests, including a first
deed of trust, are extinguished.
In Decon, a property owned by a borrower (a limited liability company) had a first
deed of trust held by the lender, and a junior mechanic's lien held by a third party.
The statute acted to terminate plaintiff's
deed of trust and permitted defendant to foreclose on the property unencumbered.
In September 2009 the note and
deed of trust were renewed and the maturity date of the obligation was extended.
The Austin American-Statesman (http://bit.ly/14d3Ric) reports a
deed of trust filed with Travis County last week showed Al Koehler obtained a $3.1 million loan to buy the property, Armstrong's home since 2004.
They discover the Order of St Mathilde has a 200-year-old
deed of trust, which entitles them to stay at the Priory for as long as their community exists, but their reluctance to modernise means their days could be numbered.
First, given recent cases questioning MERS's ownership interests in loans registered in its database, do security agreements naming MERS as a mortgagee or
deed of trust beneficiary actually succeed in conveying a property interest?
Washington Federal acquired a portfolio of Horizon loans when that bank failed, including a loan made to Greenbriar Northwest Associates LLC secured by a
deed of trust on the Chuckanut Ridge property.
Another reason that has been mentioned is that the National Trust of Scotland, which owns the island, must administer it according to the
deed of trust which does not allow inhabitants to own or build their own houses.
Konyali (1964) cited a
deed of trust for the Darulhuffaz of Nasuh Bey available in Archive of Vakiflar in Ankara, Turkey, dated 991 A.H.