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In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against the property"; the property itself is the defendant and no criminal charge ...
Unlike disabling restraints, the effectiveness of the lawsuit does not prevent the transfer from being made. However, the Supreme Court says promissory restraints are not permissible. The promissory note discourages the person getting ready to sell the property which is the same effect as the disabling restraint. Forfeiture restraints
Ancillary terms and conditions; express contractual terms that are purely voluntary, optional, and not necessitated by the contract's subject matter. Also called incidentalia (Roman-Dutch law). One of three types of contractual terms, the others being essentialia negotii 'core terms' and naturalia negotii 'implied terms'. actus iuridicus: legal ...
A deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings. The deed in lieu of foreclosure offers several advantages to both the borrower and the lender.
By refusing to plead he avoided the jurisdiction of the court and thus avoided conviction and the consequent forfeiture of his estate. Instead it passed to his sons. [4] Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state.
This was the first time Nevada courts had considered police participation in the Justice Department's Equitable Sharing Program, in which federal law enforcement "adopts" civil forfeiture cases ...
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A third tactic is the use of in rem actions, also known as Non-Conviction Based Asset Forfeiture (NCBF) to recover assets directly. This method takes place in a civil court. An advantage of in rem actions is that it does not require either a civil or criminal conviction against an individual in order to confiscate his/her assets. Instead, guilt ...