Sentences with phrase «equitable interest vested»

However, as the trustor - vendor's equitable interest diminishes through payment by the vendee, his incentive to prevent default — as well as his incentive to prevent damage to or waste of the security — also diminishes, until the moment when his entire equitable interest has passed to the vendee.

Not exact matches

McKibben proposes that church groups, which have long been interested in food and hunger issues, start to take malnutrition seriously and link up with farmers» markets and local - food movements in order to begin to create a more equitable system for the distribution of healthy food.

Repeal of the Triborough Amendment would strike a more equitable balance between the interests of taxpayers and of the people who work for them, promoting fair contract settlements for both sides.

Hopefully, at this point administrators will begin to recognize that they do have a responsibility to guarantee equitable treatment for postdocs and that it is in the university's best interest to ensure that postdocs comply with rules and regulations.

The National Center of Education and the Economy, through its Center on International Education Benchmarking, is working to build a community of researchers interested in investigating how a small set of countries and states have managed to build and sustain educational systems that manage routinely to produce higher and more equitable outcomes for children and youth.

The truth is that Steven Adamowski has already given a deposition in support of Malloy's position and against the interest of Norwalk and all the other communities that are fighting so hard to force Connecticut's elected officials to adopt a fair, equitable and constitutional school funding formula.

But for newbie writers like me, who are nowadays starting to make up more and more of the publishing landscape, a traditional publisher would have to put together a pretty unusual and compelling offer with extremely equitable terms to be of any interest to us.

Some lenders are feeling more confident in the market and believe that housing prices will continue to rise and are willing to take on the bigger risk that comes with completely financing a home for a borrower who has no «skin in the game» or no equitable interest in the property.

Moreover, the beneficiary will no longer have the benefit of the built - in incentive to prompt payment and preservation of the property which the trustor - vendor's equitable interest provides.

But what is most interesting is that through this agreement, China has been able to get for itself an equitable deal.

It also notes that, with increasing national and international interest in forestry and recent development of measures aimed at eliminating international trade in illegally sourced forest products, Asia - Pacific forestry now has a chance to address governance issues and move towards a greener and more equitable path.

Her divorce experience is diverse and has included a myriad of issues, including, but not limited to, valuation of closely held business interests, the impact of pre-marital, gifted and inherited property, custody and parenting time, child support, spousal support, equitable division of the marital estate and obligations, pre - and postnuptial agreements, division of retirement benefits, and tax implications.

We have faith in you and your spouse that our review of your fair and equitable terms during an uncontested divorce will not be met with discontent, but an open mind that we are only looking out for your best interests.

Although it is rare a judge would reject an agreement between the parties, the Arizona Court of Appeals in the Boncoskey v. Boncoskey case indicated a trial judge must hold a hearing if the court has determined the agreement is not fair and equitable or in the best interests of the children before making any changes to the agreement.

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

The judge has to find if the agreements are fair and equitable if it has to do with debts or property or that it's in the best interest of the children if that has to do with custody or parenting time or child support.

Because both parties waived any interest in the other's marital earnings, it found «the Agreement's terms were not so one - sided or oppressive that no reasonable person would make them and no fair and honest person would accept them; therefore, the Agreement was not unconscionable as to equitable division.»

In the case of Stanford & Stanford (2012) 247 CLR 108 the High Court held that property settlements are concerned with the alteration of «parties» existing current legal and equitable interests in the property» and therefore, add backs should not form part of the property pool because the parties no longer have an existing interest in that specific asset.

However, in Rickard, the Court of Appeal has now clarified the law on this point by concluding that a twenty - first century application of the statutory power to appoint a receiver by way of equitable execution should not preclude that receiver's appointment over a legal interest in the property of a judgment debtor.

The mother - in - law brought court action for the $ 150,000 that she had invested in the property and sought a declaration of entitlement to a proportionate equitable interest therein, and sale, or a similar remedy for unjust enrichment.

in England and Wales, by means of the bank's successful application, in February 2017, for the appointment of receivers by way of equitable execution over interests in certain private equity partnerships that Mr Vik had caused to be transferred from Sebastian to closely connected entities.

Except in rare cases, such as where a party proves that they have an equitable or trust ownership interest in a particular piece of property, there is no sharing in the value of assets or in the debts or liabilities incurred by a party after V - Day.

But, as has already been highlighted, reliance on such equitable principles is uncertain, complex and does not exclusively protect the interests of cohabiting couples upon a breakdown of their relationship.

Experience, or demonstrable interest and training in the following litigation practices: IT, IP (especially copyright and trademark); internet and technology; business and commercial disputes; and real estate, commercial leasing and construction practice areas, including acting for those seeking or responding to injunctions, and other urgent equitable remedies, would be assets; as would experience and interest in insurance litigation.

in England and Wales, by means of the Bank's successful application, in February 2017, for the appointment of receivers by way of equitable execution over interests in certain private equity partnerships which Mr Vik had caused to be transferred from Sebastian to closely connected entities.

Where a person who is the owner beneficially of property — and the legal estate is vested in another as trustee for him — makes a declaration of trust, the practical effect amounts, or is capable of amounting, to the «getting rid of» a trust or equitable interest then subsisting.

The court was critical of the approach taken in Ruralcorp which was said to have consisted of mere assertion (that the plaintiff was not a shareholder of the subsidiary) and a failure to understand the distinction between a shareholder of record and someone simply claiming an equitable interest in the shares (the proper position being that only the latter could not bring a derivative claim because a company does not recognise equitable interests).

Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and / or Nigeria acted fraudulently.

The court has to be satisfied that the agreement is just and equitable and / or in the best interests of the child / ren before they can make a consent order.

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

(6) A court may, on an application by a person who was a party to the Part VIIIAB financial agreement that has been set aside, or by any other interested person, make such order or orders (including an order for the transfer of property) as it considers just and equitable for the purpose of preserving or adjusting the rights of persons who were parties to that financial agreement and any other interested persons.

Larry is highly skilled and has a sincere interest in bringing about a fair and equitable final agreement allowing couples to reach closure at a very difficult time in life.»

(24) These fiduciary obligations, however, were not sufficient to vest an equitable interest in ownership of the copyright in the artist's community.

[100] Among other arguments, the Collards had alleged that the Western Australian Government had breached equitable fiduciary duties by removing their children and failing to act in their best interests with respect to their custody, maintenance and education.

I would favour paying Directors more than just stipends, for three reasons: it should cause volunteer Director's to feel less like volunteers; it's more equitable in a world where the majority won't volunteer; and it may increase interest in participating.

The drafters of the Bill appear to have promoted «public interest» as the overarching factor underpinning an amount of «just and equitable compensation».

I can't really believe that any real estate commission would think that equitable title alone constitutes ownership of a parcel and the requirements to advertise is defined by ownership, from the UCC down to the lowest ordinance ownership means holding legal title, not just an equitable interest or economic interest.

In real estate agencies relationships, all parties in title are required to sign a listing agreement, it doesn't mean the heirs who may have some future equitable interest, but those holding legal title.

Instead, section 25 (3) lists the criteria for compensation: «The amount of the compensation... must be just and equitable, reflecting an equitable balance between the public interest and the interest of those affected, having regard to all relevant circumstances, including --(a) the current use of the property; (b) the history of acquisition and use of the property; (c) the market value of the property; (d) the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and (e) the purpose of the expropriation.»

but I still did not have an equitable interest..

If he was assigning and looking for an assignment fee then the contract between the owner and 1st wholesaler, along with the assignment agreement (or the p & s contract) between the 1st wholesaler and 2nd wholesaler should have been proof of «equitable interest».

Since you only have an option and not an installment contract with an equitable interest, you won't have any tax benefit, unless no one else is claiming such benefits, like depreciation.

In either case he may have very well had equitable interest in the property.

With equitable interest, you are legally allowed to market the property — no different than it would be legal for the owner to market the property himself (FSBO).

So as long as there's equitable interest by placing it under contact and having an EMD, it's good to go.