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In landlord–tenant law, a notice to cure or quit is issued by a landlord when a tenant performs actions in violation of a lease. The notice gives a tenant the option of either fixing the offending problem or vacating the rental property. If the tenant continues performing the action(s) and does not move out, they can be evicted. [1]
In law, a default is the failure to do something required by law or to comply with a contractual obligation. Legal obligations can arise when a response or appearance is required in legal proceedings, after taking out a loan , or as agreed in a contract ; failure to carry them out puts one in defaults of the obligations.
The default judgment is the relief requested in the party's original petition. [1] Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue.
A notice of default is a public notice filed with a court or local recording office to begin the process of foreclosure. A mortgage lender or servicer can file this notice after four months (120 ...
In response, a slight majority of U.S. states have adopted nonjudicial foreclosure procedures in which the mortgagee (or more commonly the mortgagee's servicer's attorney, designated agent, or trustee) gives the debtor a notice of default (NOD) and the mortgagee's intent to sell the real property in a form prescribed by state statute; the NOD ...
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The Colorado Court of Appeals (Colo. App.) is the intermediate-level appellate court for the state of Colorado. It was initially established by statute in 1891 and was reestablished in its current form in 1970 [ 1 ] by the Colorado General Assembly under Article VI, Section 1 of the Constitution of Colorado .
However, foreclosure, albeit extrajudicial, is found to be necessary in Georgia to cure a default. Because of the apparently self-contradictory nature of the Georgia statute, the Courts within Georgia have construed the operation of security deeds to mean that the grantor retains the equity of redemption , such that non- or extrajudicial ...
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