· 9/29/2009
Ferdian v. Holder
Citations
- 333 F. App'x 259
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “the fact that the state court judgment later recognized the lien and empowered the Harlans to enforce it does not change its character to a judicial lien.”
- “the fact that the state court judgment later recognized the lien and empowered the Harlans to enforce it does not change its character to a judicial lien.”
- “Case law throughout the country has routinely determined that a mechanic’s lien, or similar liens arising by means of a state’s statutory enactment, are at their base statutory liens.”
- “[T]he nature of a lien as either a ‘judicial lien’ or a ‘statutory lien’ is determined by means of the manner in which the lien arises originally . . . .”
- judicial action to foreclose a statutory mechanic's lien in order to enforce it does not alter the characterization of the lien, and the entry of judgment on foreclosure of the mechanic's lien does not convert a statutory mechanic's lien into a judicial lien
Source: CourtListener parenthetical corpus (CC0).
Judges: Clifton, Rawlinson, Silverman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.