Also, for the victim who is awarded a judgment in these circumstances, there may be no ability to collect
the judgment against the estate.
Not exact matches
Daniel was unable to raise the money to pay the notes and his wife Sarah obtained a
judgment against him in 1876 to protect her part of the property (Marsh
estate).
A lien allows the creditor who has obtained a
judgment against a debtor to have a
judgment attached to the debtor's assets, such as real
estate.
Under New York law, a
judgment creditor may then garnish 10 % of gross wages, put a lien
against real
estate (but not actually sell the real
estate, if it is the debtor's residence, in most cases) and seize bank accounts if the balance is over $ 1,740.00.
A person is collection - proof if they have no assets
against which a creditor may levy, no real
estate to which a
judgment lien may attach, and no non-exempt wages to garnish.
«This
judgment quite literally follows the person
against whom it is made for life, surviving bankruptcy, and even extending beyond life to become a debt of the offender's
estate,» Grace writes.
The British Columbia Supreme Court has recently given
judgment for Century 21 Real
Estate company against a company (affiliated with Rogers Communications) that scraped real estate listing information from the Century 21 sites and repackaged it on its own site: Century 21 v Rogers Communications 2011 BC
Estate company
against a company (affiliated with Rogers Communications) that scraped real
estate listing information from the Century 21 sites and repackaged it on its own site: Century 21 v Rogers Communications 2011 BC
estate listing information from the Century 21 sites and repackaged it on its own site: Century 21 v Rogers Communications 2011 BC 1196.
Secured a
judgment of dismissal following a motion for terminating sanctions in a fraud action brought
against a real
estate agent and broker.
Re: The
Estate of Peter Winkle v. Trinity Health Michigan Case No: 15 -07703-NH, Kent County Circuit Court On January 31, 2017, the Kent County Circuit Court entered a
judgment against Mercy Health Saint Mary's Hospital of Grand Rapids, Michigan for violating patient safety.
In addition, Robert has tried numerous cases to conclusion, including obtaining a $ 4.5 million
judgment against a major real
estate developer after a lengthy trial.
This
judgment quite literally follows the person
against whom it is made for life, surviving bankruptcy, and even extending beyond life to become a debt of the offender's
estate.
In addition to his real
estate practice, he also has significant experience representing lenders in contractual claims
against borrowers and guarantors in courts throughout Michigan, as well as representing
judgment creditors in post-
judgment collection actions.
Despite the New York
judgment, Pamela then brought proceedings in the Chancery Division in London in her personal capacity,
against herself in her capacity as executor of the
estate, for debts incurred by Mrs C before her death and for expenses incurred in the administration of the
estate.
A court entered a
judgment on a promissory note
against four defendants, including Jennifer A. Bauer («Creditor») and real
estate salesperson E.W. Skala (``...
The California Association of REALTORS ® («CAR») has received a one million dollar
judgment and a permanent injunction
against Equisource Real
Estate, Inc., for copyright infringement resulting from Equisource's posting of the Association's forms on the Internet.
Donnelly v. Margolis (265 A.D. 2d 523)- summary
judgment dismissing owner's complaint
against real
estate broker and its agent affirmed; no obligation to act as a legal advisor to the owner regarding relevant provisions of the Town Code and had no duty to investigate the prospective tenants to ascertain their suitability under the Town Code; obligations of broker and its agent were satisfied when they produced ready, willing and able tenants with whom owner executed a rental agreement
(**) No record of official sanctions involving unprofessional conduct is intended to mean that the Board / Association may consider
judgments within the past three (3) years of violations of (1) civil rights laws; (2) real
estate license laws; (3) or other laws prohibiting unprofessional conduct
against the applicant rendered by the courts or other lawful authorities.
357 DOS 02 Matter of DOS v. Elias - failure to appear at hearing; failure to pay
judgment; proper business practices; deposits; DOS fails its burden of proof; restitution; ex parte hearing may proceed upon proof of proper service; respondent failed to fully satisfy a
judgment obtained
against him without showing that he was unable to do so; a rental broker is entitled to compensation only after procuring a rental agreement between tenant and landlord; retaining part or all of the deposit without obtaining a rental agreement demonstrates untrustworthiness and incompetency; restitution may be ordered as a condition to retention of the broker's license where he has received money to which he is not entitled; unlawful for broker to operate real
estate brokerage business at an address other than that which was stated on his application; broker operated his real
estate business out of an address prior to obtaining a license for that address; DOS failed to prove that respondent commingled and converted deposits; real
estate brokers license suspended for four months and an additional period of time until respondent proves he has paid the balance of the
judgment
Shepherd Real
Estate v. Gibbs (169 A.D. 2d 814) summary
judgment dismissing broker commission claims
against purchaser.
Kling Real
Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary
judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission
against buyer in second transaction where sellers agreed to pay the brokerage commission
Miller v. Bryce Real
Estate (198 A.D. 2d 589) summary
judgment properly denied prior to discovery
against brokerage firm and purchaser for non-disclosure and fraudulent acts where property promptly relisted and sold at profit; no course of action for quadruple damages under RPL § 442 - e (3) as broker was licensed; sanctions awarded for frivolous litigation practices.
¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence
against the sellers, real
estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Param
estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary
judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real
Estate Co. (Broker or Param
Estate Co. (Broker or Paramount).
• The Real
Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable rem
Estate Recovery Fund exists to reimburse any person who has obtained a final civil
judgment against a Pennsylvania real
estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable rem
estate licensee owing to fraud, misrepresentation, or deceit in a real
estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable rem
estate transaction and who has been unable to collect the
judgment after exhausting all legal and equitable remedies.
any business the licensee owns or has participated in as a director or officer, has any
judgment (s) rendered
against the business in relation to a trade in real
estate, fraud or breach of trust
If you register as an Real
Estate Professional User, you represent, warrant, and agree that: (1) you are a licensed real estate broker, or licensed real estate agent, and if you are an agent user of the Elm Street Website, you have the permission of your managing broker to register as a Elm Street Real Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agre
Estate Professional User, you represent, warrant, and agree that: (1) you are a licensed real
estate broker, or licensed real estate agent, and if you are an agent user of the Elm Street Website, you have the permission of your managing broker to register as a Elm Street Real Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agre
estate broker, or licensed real
estate agent, and if you are an agent user of the Elm Street Website, you have the permission of your managing broker to register as a Elm Street Real Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agre
estate agent, and if you are an agent user of the Elm Street Website, you have the permission of your managing broker to register as a Elm Street Real
Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agre
Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real
estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agre
estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real
estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agre
estate broker, or licensed real
estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agre
estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners
against any and all claims, damages,
judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.
In relevant part, the statute provides that no real
estate broker or salesperson shall place any sort of encumbrance on a property's title in the public records, but the statute makes an exception for the recording of a
judgment against a property.
The Scherbaks appealed the
judgment against them, and Krawchuk cross-appealed the dismissal of her claim
against the real
estate agent.
Title Holding Trusts or Land Trusts protect real
estate investors and property owners, especially through the ability to negotiate, acquire, hold, manage and sell real or personal property in a confidential and private manner, as well as liens,
judgments and clouds
against legal title to the property.
Examples of disclosures pursuant to § 1026.38 (k)(2)(viii) include the satisfaction of outstanding liens imposed due to Federal, State, or local income taxes, real
estate property tax liens,
judgments against the seller reduced to a lien upon the property, or any other obligations the seller wishes the closing agent to pay from their proceeds at the real
estate closing.