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Home Foreclosures: South Carolina

S.C. Code Ann. §§ 27-31-10 to 27-31-440 (Horizontal Property Act)

Method of Foreclosure: The lien may be foreclosed by suit, like a mortgage of real property. § 27-31-210(a).

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Scope of Lien: The association has a lien for unpaid common expense assessments. § 27-31-210(a).

Ability to Contest Lien: Not specified.

Home Foreclosures: South Dakota

S.D. Codified Laws §§ 43-15A-1 to 43-15A-30 (Condominiums)

Method of Foreclosure: Not specified.

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Scope of Lien: Not specified.

Ability to Contest Lien: Not specified.

Lien Extinguished: Not specified.

Explicit Right to Cure: Not specified.

Home Foreclosures: Tennessee

Tenn. Code Ann. §§ 66-27-201 to 66-27-507 (Tennessee Condominium Act of 2008)

Applicability: The Tennessee Condominium Act of 2008 (Tenn. Code Ann. §§ 66-27-201 to 66-27-507) replaces the Horizontal Property Act (Tenn. Code Ann. §§ 66-27-101 to 66-27-123) and applies to all condominiums created after January 1, 2009. The provisions of the Act summarized below also apply to condominiums created before 2009, but only with respect to events and circumstances arising after January 1, 2009.

Home Foreclosures: Texas

Tex. Prop. Code Ann. §§ 81.001 to 81.210 (Condominium Act); §§ 82.001 to 82.164 (Uniform Condominium Act) (West)

Applicability: The Uniform Condominium Act, Tex. Prop. Code Ann. §§ 82.001 to 82.164, applies to condominiums created after January 1, 1994. The provisions of the Uniform Condominium Act summarized below also apply to condominiums created before 1994. § 82.002.

Home Foreclosures: Vermont

Vt. Stat. Ann. tit. 27A, §§ 1-101 to 4-120 (Uniform Common Interest Ownership Act); Vt. Stat. Ann. tit. 27, §§ 1301 to 1365 (Condominium Ownership Act)

Home Foreclosures: Virgin Islands

V.I. Code Ann. tit. 28, §§ 901 to 927 (Condominium Act)

Method of Foreclosure: The lien may be foreclosed by suit, like a mortgage of real property. § 922(a).

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Scope of Lien: The association has a lien for unpaid common expense assessments. § 922(a).

Ability to Contest Lien: Not specified.

Home Foreclosures: Virginia

Va. Code Ann. §§ 55.1-1900 to 55.1-1995 (Condominium Act)

Applicability: The Condominium Act (former Va. Code. Ann. §§ 55-79.39 to 55-79.103) superseded the Horizontal Property Act (former Va. Code Ann. §§ 55-79.1 to 55-79.38) and applies to all condominiums established after July 1, 1974. Title 55 was recodified, effective October 1, 2019, in a new Title 55.1, and Title 55 was repealed as of that date.

Home Foreclosures: Washington

Wash Rev. Code §§ 64.90.010 to 64.90.910 (Washington Uniform Common Interest Ownership Act) (effective July 1, 2018); Wash. Rev. Code §§ 64.32.010 to 64.32.920 (Horizontal Property Regimes Act); §§ 64.34.010 to 64.34.950 (Condominium Act)

Home Foreclosures: West Virginia

W. Va. Code §§ 36A-1-1 to 36A-8-3 (Condominiums and Unit Property Act); §§ 36B-1-101 to 36B-4-120 (Uniform Common Ownership Interest Act)

Applicability: The Uniform Common Ownership Interest Act, W. Va. Code §§ 36B-1-101 to 36B-4-120, applies to condominiums created after the effective date (1986). With limited exception (§ 36B-3-115(b) regarding interest rate) the provisions of the Uniform Common Interest Ownership Act summarized below apply to condominiums created before the effective date. § 36B-1-204.

Home Foreclosures: Wisconsin

Wis. Stat. §§ 703.01 to 703.38 (Condominium Ownership Act)

Method of Foreclosure: The lien may be enforced and foreclosed like a mortgage of real property. § 703.165(7).

Home Foreclosures: Wyoming

Wyo. Stat. Ann. §§ 34-20-101 to 34-20-104 (Condominium Ownership Act)

Method of Foreclosure: Not specified.

Notices: Not specified.

Interest, Fees, and Costs: Not specified.

Scope of Lien: Not specified.

Ability to Contest Lien: Not specified.

Lien Extinguished: Not specified.

Explicit Right to Cure: Not specified.

Consumer Warranty Law: 21.1.1 Scope of This Chapter

This chapter covers warranty issues relating to consumer leases—typically involving motor vehicles, but also such personal property as furniture, medical devices, solar panels, and security devices. This chapter’s focus is the interrelationship of Uniform Commercial Code (UCC) Articles 2A and 2 concerning the consumer’s warranty rights against lessors, retailers, and manufacturers, as well as the impact of the Magnuson-Moss Warranty Act, lemon laws, the federal Consumer Leasing Act, and state deceptive practices (UDAP) statutes.

Consumer Warranty Law: 21.1.2 Types of Consumer Leases

In one common type of lease, the retailer negotiates the transaction, completes the lease paperwork, signs the lease as the originating lessor, and then immediately assigns the lease to a financer. For example, a Nissan automobile dealer will sign a Nissan Motors Acceptance Corp. (NMAC) lease in the dealer’s name and assign the lease to NMAC. While the lease will have NMAC’s name at the top and be on a NMAC form, the original lessor will be the dealer, not NMAC. The Consumer Leasing Act requires that a lease disclose the lessor, and the lease will list the dealer as the lessor.

Consumer Warranty Law: 21.1.3 Consumer Leasing Warranties in a Nutshell

Leasing warranties are somewhat more complicated than sales warranties because leases involve both a sale and a lease. The manufacturer or a dealer sell the property to the lessor and the lessor then leases the property to the consumer. There are warranties that go from the lessor to the lessee, and there are warranties that go from the seller (the manufacturer or a retailer) to the buyer (in this case the lessor). The consumer may be able to take advantage not only of warranties that run from the lessor to the lessee but also of those that run from the seller to the lessor-buyer.

Consumer Warranty Law: 21.2.1 UCC Article 2A on Leases

Article 2A on leases was first enacted in 1987 by the American Law Institute and the Uniform Law Commission (formerly the National Conference of Commissioners on Uniform State Laws (NCCUSL)). The article was controversial, and states began enacting non-uniform versions. In 1990 the Uniform Law Commission significantly amended the official text.

Consumer Warranty Law: 21.2.2 UCC Article 2

UCC Article 2A regulates the relationship of lessor to lessee. Leases also involve the sale of leased goods from manufacturer to retailer and from retailer to financer. These sales by manufacturers and retailers create Article 2 warranties for the benefit of the buyers that lessees may also be able to enforce.

Consumer Warranty Law: 21.2.3 Magnuson-Moss Warranty Act

The FTC has determined and the overwhelming majority of courts also find that the Magnuson-Moss Warranty Act remedies for breach of warranty are available to consumer lessees.16 Thus consumer lessees may have a claim under the Act for actual damages and attorney fees, as set out in more detail in Chapter 2, supra.

Consumer Warranty Law: 21.2.5 Federal Consumer Leasing Act

Consumer leases within the scope of the federal Consumer Leasing Act (CLA) must disclose to the consumer, prior to lease signing, any express warranties made by the lessor or manufacturer with respect to the leased property.17 The disclosure may be brief, such as by a reference to the standard manufacturer’s warranty,18 but the warranty must be identified.

Consumer Warranty Law: 21.2.6 UCC Article 2A Unconscionability

Section 2A-108 of the Uniform Commercial Code (UCC) is a lease unconscionability provision more protective of consumers than section 2-302, the unconscionability provision applying to sales. Section 2A-108 has broader applicability to consumer lease warranty issues than does section 2-302 to consumer sales warranty issues. Sections 2-302 and 2A-108 include almost identical language allowing a court to refuse to enforce an unconscionable contract or provision, such as warranty disclaimers and limitations of remedies.

Consumer Warranty Law: 21.2.7 UDAP Statutes, Tort Law, and State Leasing Acts

Section 2A-104(1)(c) states that leases are subject to state consumer protection statutes and to any final consumer protection decision of a state court existing on the effective date of the Article in that state. In the case of a conflict between Article 2A and the consumer protection statute, the consumer protection statute’s provisions apply.35 Consequently, nothing in Article 2A should be viewed as displacing application of a UDAP statute, consumer leasing statute, or tort law to consumer lease transactions.

Consumer Warranty Law: 21.3.1 Introduction

Article 2A primarily regulates warranties provided by the lessor to the lessee and the lessee’s right to reject or revoke acceptance against the lessor. Warranty rights provided by manufacturers or non-lessor retailers are primarily regulated by UCC Article 2.

Consumer Warranty Law: 21.3.2 Consumer Leases Are Rarely Finance Leases

Article 2A establishes different rights and obligations if a consumer lease meets the definition of a consumer “finance lease” under Article 2A. It is important to understand that consumer leases are rarely consumer finance leases. Lessees have far fewer rights against lessors in finance leases. Commercial cases discussing these limited rights in finance leases have no applicability to virtually all consumer leases.

Consumer Warranty Law: 21.3.3 The Lessor’s Warranties

Under UCC Article 2A, various warranties run from the lessor to a consumer, regardless of whether the lessor is the dealer originating the lease or a financer originating a lease after the consumer has first negotiated with the dealer.