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Under U.S. law a judgment creditor could file a fi. fa. with the land records of the locality in which the debtor is believed to own real property. Even though the sheriff may not actually foreclose on the property, the recorded fi. fa. will act as an encumbrance on the title of the property, which can prevent the property from being sold or ...
A bargain and sale deed is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and referees. [ citation needed ] The fact that it comes without any warranties from the government means that the new owner may not have a good title.
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 ...
The judicial foreclosure sale (sheriff sale) Non-judicial foreclosure sale (trustee sale) Furthermore, the other security devices that may be used in creating a real estate lien to secure the debt that contains the provision of the power of sale are: The contract of the land sale; The lease option sale; The UCC-1 statement of financing
In the United States, public auctions to satisfy judgments are usually conducted under the authority of the sheriff of the county or city in which the property to be auctioned was seized pursuant to the judgment, and an auction held for such a purpose is also called a sheriff's sale or sheriff sale. [5] [6] [7]
The principal advantage to the borrower is that it immediately releases the borrower from most or all of the personal indebtedness associated with the defaulted loan. The borrower also avoids the public notoriety of a foreclosure proceeding and may receive more generous terms compared to a formal foreclosure. Another benefit to the borrower is ...
Trinxet Dictionary of Legal Abbreviations and Acronyms Series. A Law Reference Collection, 2011, ISBN 1624680003 and ISBN 978-1-62468-000-7; Trinxet, Salvador. Trinxet Reverse Dictionary of Legal Abbreviations and Acronyms, 2011, ISBN 1624680011 and ISBN 978-1-62468-001-4. Raistrick, Donald.
The sheriff also often conducts public auction sales of real property in foreclosure in many jurisdictions, and is often also empowered to conduct seizures of chattel property to satisfy a judgment. In other jurisdictions, these civil process duties are performed by other officers, such as a marshal or constable .