Uniformly foundational to every legal system is the concept of pacta sunt servanda – agreements are binding. But the precise parameters of this concept differ across legal systems based, in part, upon available remedies for contract breach. Many European legal systems, including Georgia's...

Intentionally or not, every state's law regarding lien priority and post-foreclosure liability allocates risk between mortgage lenders and privately governed “common interest communities” (CICs), such as condominiums. When lenders secure their interests with mortgages on property within a...