Resort at Summerlin Consolidated Mechanics Lien Foreclosure Case

Attorney
Randolph L. Howard

Representative Matter
Resort at Summerlin Consolidated Mechanics Lien Foreclosure Case

Summation
Hired by Fidelity National Title Insurance Company to represent the holder of the first deed of trust and first priority security interest on the Resort At Summerlin (about $95.0 mil.), Wilmington Trust Co., through trial of lien priority issue opposing about 35 mechanics lien claimants holding about $47.0 million in claims.  My role as part of the trial team, inter alia, was lead counsel as to the issue of breach of the initial priority by reason of the claim that construction commenced before recordation of the deed of trust.  Judgment of the Clark County District Court, State of Nevada, for Wilmington Trust as to all lien claimants, holding Wilmington Trust Co. to have senior lien priority, affirmed on appeal to the Nevada Supreme Court.