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Foreclosure Sale
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)'s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually, a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. '' Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Refinancing
Refinancing is the replacement of an existing debt obligation with another debt obligation under a different term and interest rate. The terms and conditions of refinancing may vary widely by country, province, or state, based on several economic factors such as inherent risk, projected risk, political stability of a nation, currency stability, banking regulations, borrower's credit worthiness, and credit rating of a nation. In many industrialized nations, common forms of refinancing include primary residence mortgages and car loans. If the replacement of debt occurs under financial distress, refinancing might be referred to as debt restructuring. A loan (debt) might be refinanced for various reasons: #To take advantage of a better interest rate (a reduced monthly payment or a reduced term) #To consolidate other debt into one loan (a potentially longer/shorter term contingent on interest rate differential and fees) #To reduce the monthly repayment amount (often for a longer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acceleration Clause
Acceleration is defined in law as a shortening of the time period in which something is to take place. The concept of acceleration most often arises within the context of contract law. An acceleration clause, also known as an acceleration covenant, may be included within a contract, so as to fully mature the performance due from a party upon a breach of the contract, such as by requiring payment in full upon the contract if a borrower materially breaches a loan agreement. Acceleration clauses are most prevalent in mortgages and similar contracts to purchase real estate in installments. In a mortgage contract, activation of an acceleration clause may operate as a precursor to a foreclosure action through which a lender may legally compel the sale of the property that the borrower acquired by using the mortgage loan. Proceeds from any subsequent sale of the property may be taken by the lender to recover any amount that the borrower still owes under the loan. An acceleration clause ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Under Water (loan)
Negative equity is a deficit of owner's equity, occurring when the value of an asset used to secure a loan is less than the outstanding balance on the loan. In the United States, assets (particularly real estate, whose loans are mortgages) with negative equity are often referred to as being "underwater", and loans and borrowers with negative equity are said to be "upside down". People and companies alike may have negative equity, as reflected on their balance sheets. History The term negative equity was widely used in the United Kingdom during the economic recession between 1991 and 1996, and in Hong Kong between 1998 and 2003. These recessions led to increased unemployment and a decline in property prices, which in turn led to an increase in repossessions by banks and building societies of properties worth less than the outstanding debt. Since 2007, those most exposed to negative equity are borrowers who obtained loans of a high percentage of the property value (such as 90% ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas
Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and has Mexico-United States border, an international border with the Mexican states of Chihuahua (state), Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest. Texas has Texas Gulf Coast, a coastline on the Gulf of Mexico to the southeast. Covering and with over 31 million residents as of 2024, it is the second-largest state List of U.S. states and territories by area, by area and List of U.S. states and territories by population, population. Texas is nicknamed the ''Lone Star State'' for its former status as the independent Republic of Texas. Spain was the first European country to Spanish Texas, claim and control Texas. Following French colonization of Texas, a short-lived colony controlled by France, Mexico ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an international border with the Mexico, Mexican state of Baja California to the south. With almost 40million residents across an area of , it is the List of states and territories of the United States by population, largest state by population and List of U.S. states and territories by area, third-largest by area. Prior to European colonization of the Americas, European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. European exploration in the 16th and 17th centuries led to the colonization by the Spanish Empire. The area became a part of Mexico in 1821, following Mexican War of Independence, its successful war for independence, but Mexican Cession, was ceded to the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Deed (real Estate)
A deed of trust refers to a type of legal instrument which is used to create a security interest in real property and real estate. In a deed of trust, a person who wishes to borrow money conveys ''legal'' title in real property to a trustee, who holds the property as security for a loan (debt) from the lender to the borrower. The ''equitable'' title remains with the borrower. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary. Overview Transactions involving deeds of trust are normally structured, at least in theory, so that the lender/beneficiary gives the borrower/trustor the money to buy the property; the borrower/trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower/trustor; and the borrower/trustor immediately executes a deed of trust giving the property to the trustee to be held in trust for the lender/beneficiary. In reality, an escrow holder is always used so that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal). For courts of general jurisdiction in civil law system, see ordinary court. Etymology The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", and lower courts whose decisions could be reviewed by the royal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Officer
A judicial officer is a person with the responsibilities and powers to facilitate, arbitrate, preside over, and make decisions and directions with regard to the application of the law. Judicial officers are typically categorized as judges, magistrates, puisne judicial officers such as justices of the peace or officers of courts of limited jurisdiction; and notaries public and commissioners of oaths. The powers of judicial officers vary and are usually limited to a certain jurisdiction. Judicial officials are also known as persons entitled to the enforcement of enforcement documents, the establishment of factual circumstances, the transfer of documents and any other functions provided for by law. In most countries, they are appointed and dismissed by the Minister of Justice. Their activities are strictly regulated by law and controlled by the state. Kuwait In Kuwait, Judicial Officers are sworn law enforcement agents with the capacity to enforce the law within their special ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deed Of Trust (real Estate)
A deed of trust refers to a type of legal instrument which is used to create a security interest in real property and real estate. In a deed of trust, a person who wishes to borrow money conveys ''legal'' title in real property to a trustee, who holds the property as security for a loan (debt) from the lender to the borrower. The ''equitable'' title remains with the borrower. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary. Overview Transactions involving deeds of trust are normally structured, at least in theory, so that the lender/beneficiary gives the borrower/trustor the money to buy the property; the borrower/trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower/trustor; and the borrower/trustor immediately executes a deed of trust giving the property to the trustee to be held in trust for the lender/beneficiary. In reality, an escrow holder is always used so that th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
