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Home Foreclosures: 16.2.2.1 Priority of Real Estate Tax Liens

If the property tax is not paid within a certain time period, the tax bill becomes a lien on the property. (Often this is the first day of the year following the year in which the tax is assessed.)14 The creation of a tax lien generally occurs automatically by operation of state statute. In some states, a lien for the tax obligation may arise automatically upon assessment even without a delinquency. The lien also typically becomes effective as against fixtures on the property.

Home Foreclosures: 16.3.3.1 Overview

Once a tax sale has been conducted, homeowners generally have three options: they can redeem the property by paying the purchase price plus interest, penalties, and costs; they can do nothing and the tax purchaser’s interest will ripen into ownership, or they can attempt to set aside the completed sale.

Home Foreclosures: 16.2.3.1 Overview

Most jurisdictions follow these sequential steps to foreclose on properties delinquent on taxes: (1) imposition of lien and notification of pending tax sale; (2) sale of a tax lien certificate or tax deed, or conditional transfer to the government entity; (3) period for homeowner to redeem; (4) foreclosure of the right of redemption; and (5) final transfer of the property.

Mortgage Lending: Listing of Provisions

Title 12—Banks and Banking

Chapter VII—National Credit Union Administration

Subchapter A—Regulations Affecting Credit Unions

Part 701—Organization and Operation of Federal Credit Unions

* * *

Sec.

701.21 Loans to members and lines of credit to members.

Mortgage Lending: G.2 NCUA Interpretive Letters

This section summarizes National Credit Union Administration (NCUA) interpretative letters and releases relating to the preemption of state laws by federal credit unions issued from 1992 forward. The full text of these letters are available online as companion material to this treatise. Archived and recently released letters and opinions can be obtained from NCUA’s website, https://www.ncua.gov. Then search by year.

Collection Actions: 5.1.1 What This Chapter Covers

This chapter analyzes basic defenses that apply to actions to collect credit card debt and other consumer debts. Depending on a state’s procedures, some of these issues must be raised as affirmative defenses in the consumer’s answer or they will be waived. For other courts, a general denial of allegations in the collector’s complaint will suffice. The following defenses are considered in this chapter:

Federal Practice Manual for Legal Aid Attorneys: 8.0 Introduction

This Chapter will explore the contours of the primary limitations on suing states, state subdivisions, and state officials in federal court. The first Section surveys the Eleventh Amendment and focuses on important recent developments in this area. It covers the abrogation and waiver of sovereign immunity and the availability of prospective injunctive relief under the Ex Parte Young doctrine. The second Section discusses the scope of absolute and qualified immunity in Section 1983 suits against public officials in their individual capacities.

Federal Practice Manual for Legal Aid Attorneys: 8.1.0 States’ Violation of Federal Statutes

Section 8.1 updated 2013 by Rochelle Bobroff, 2023 by Jane Perkins

Many federal programs, including cash assistance, medical insurance, nutrition assistance, and housing, are implemented through grants to states. The states are responsible for the administration of these programs and are required to operate them in compliance with federal law.3826 Beneficiaries may have a claim in federal court if a state violates a federal directive in the administration or denial of these programs’ benefits.

Federal Practice Manual for Legal Aid Attorneys: 5.4.1 Implied Private Rights of Action

In Marbury v. Madison, the Supreme Court explained that “[o]ne of the first duties of government is to afford” remedies “for the violation of a vested legal right.”2086 But federal law has never guaranteed a personal remedy for every violation of a federal right. For a time, however, the Court pointed to Marbury as inspiration for the routine implication of private rights of action to enforce rights under the Constitution and federal statutes.2087

Federal Practice Manual for Legal Aid Attorneys: 2.6.1 Introduction

Section 2.6 updated 2013, 2023 by Jeffrey S. Gutman

Violations of state law may provide a basis for claims in addition to those founded in the Constitution or federal statutes, to be litigated in federal court. Bearing in mind the strictures of the Eleventh Amendment, discussed further below, advocates must evaluate whether the principles of supplemental jurisdiction should allow the federal district court, in its discretion, to adjudicate state law claims.

Federal Practice Manual for Legal Aid Attorneys: 8.1.4 Waiver of Immunity

There are three ways that states may be held to have waived their Eleventh Amendment immunity: (1) by state legislation explicitly waiving immunity from suit; (2) by accepting federal funds that have been provided on the condition that sovereign immunity is waived; and (3) by removing state court litigation to federal court.

Federal Practice Manual for Legal Aid Attorneys: 8.1.8 Prospective Injunctive Relief Under Ex Parte Young

In 1908, the Court in Ex parte Young addressed state sovereign immunity in the context of a federal injunction against a state attorney general that prevented him in his official capacity from enforcing a state law reducing freight rates chargeable by railroads. A federal court held the attorney general in contempt and committed him to federal custody, when he violated the injunction by commencing an enforcement action in state court.

Federal Practice Manual for Legal Aid Attorneys: 8.1.11 Arms of the State Entitled to Sovereign Immunity

Eleventh Amendment immunity applies if the state is the real party in interest, even if unnamed as a party defendant in the suit.4015 Determining whether a suit is actually against the state “is to be determined by the essential nature and effect of the proceeding.”4016 The state is the real party in interest when litigation seeks to recover money from the state.4017 The Court has focused on “the impetus for the Eleventh Amendment” as being “

Federal Practice Manual for Legal Aid Attorneys: 8.1.12 Interlocutory Appeals

One major factor to consider in naming defendants who may assert sovereign immunity is that in federal court a state or state official claiming immunity has a right to an interlocutory appeal if the district court rejects the immunity defense.4030 If an appeal is filed, proceedings against the appealing defendants come to a halt, and the district court has discretion to stay or limit proceedings against other defendants.4031 If, however, the district court certifies in writing that the immun