The Order Nisi serves to establish the time of redemption.
When a lender applies for
an Order Nisi, they will apprise the Court of the current value of the property, and ensure that it is high enough to satisfy the cost of the sale and claim off the property - owner.
In most foreclosure proceedings, after
Order Nisi has been granted and once the redemption period has expired, the lender can apply to the court for an order to assume conduct of sale of the property.
After you file the Response, you will get a document called a Notice of Hearing, which tells you when the lender will ask the judge for
the order nisi to start the foreclosure.
First Hearing: At the hearing the lender will be looking for the judge to give them an «
order nisi».
«
The order Nisi shall become absolute three months from today unless within that period sufficient cause is shown why it should not be made absolute,» Obadina said.
Not exact matches
The
order then is made «that the husband will pay to the wife on or after a decree
nisi a lump sum of # 16.5 m» (emphasis added).
This is even though the
order is not drawn up and perfected till a date after decree
nisi.
The Petitioner applies for decree
nisi - an
order by a court stating the date on which a marriage can end, unless a good reason not to grant the divorce is produced
And what of the
order made in anticipation of a later event making it effective (eg, Sir Paul McCartney's much later decree
nisi)?
In JP v NP, Eleanor King J considered a third attempt to set aside
orders made in financial remedy proceedings, where # 42,000 was in issue between the parties and where an
order (
order (1)-RRB- had been made following a hearing and in anticipation of a decree
nisi later being made.
As Bennett J had done in McCartney, so could the judge in
order (1): if an
order records that it is made in anticipation of another
order being made later (ie, on decree
nisi and per Matrimonial Causes Act 1973 s 23), then the original
order (
order (1) in JP v NP) can be made and «take effect... later» (Family Procedure Rules 2010 r 29.15).
Where a decree
nisi is obtained by consent or where the decree
nisi has incorporated maintenance provisions contained in the separation agreement made between the parties the court should not lightly disturb the
order and the party seeking the variation must show not only some changes in circumstances, but conditions which arouse the conscience of the court and call for action.
An application to vary or rescind maintenance payments will proceed on the basis of the following principles: the court is to take the amount of maintenance originally
ordered as the correct amount at the time the
order was made and then to consider to what extent the circumstances of the parties have altered or changed since the decree
nisi was granted.
The first decree is called a decree
nisi: it is a provisional
order which does not itself terminate the marriage.
In
order to request temporary custody, you must first request a temporary hearing, also known in some Georgia counties as Rule
Nisi.
A judge will review the application and provided everything is in
order then the divorce will be approved in principal and the Decree
Nisi issued.