An example would be section 38 (1)(b)(iv)(A) of Saskatchewan's Residential Tenancies Act, 2006, SS 2006, c R - 22.0001, which defines «new landlord» to include «a mortgagee of the residential property of a former landlord who... acquires title to the residential property by foreclosure or pursuant to
a judicial sale of the residential property».
In addition the Incentive Payments were not sold in
the judicial sale of the building herein.
Not exact matches
The allegations follow a
judicial investigation into bribes Swiss drugmaker Novartis allegedly paid to boost the
sales and prices
of its products in Greece.
Homebuyers in the state will likely get a deed
of trust which allows lenders to bypass a
judicial foreclosure and instead initiate a «power
of sale» foreclosure by simply hiring a third party to auction the home.
Plans for two new state - funded Catholic schools with discriminatory admissions policies have cleared a further hurdle today, after Mr Justice
Sales in the High Court dismissed a
judicial review
of Richmond - upon - Thames council's decision to approve them.
Power
of sale foreclosure can occur much more quickly than
judicial foreclosure because the trustee vested with the power
of sale does not need court oversight to sell the property.
In Canada, there are two different procedures that dictate the way foreclosures are processed: Power
of Sale and
Judicial Sale.
Although Arizona allows both
judicial foreclosure and power
of sale foreclosure, power
of sale is the most common.
The Trustee has the power
of sale thus bypassing a
judicial foreclosure process.
US court approves Berkshire Museum
sale The Supreme
Judicial Court
of Suffolk County has approved the Berkshire Museum's controversial plan to sell a number
of works from its collection.
In my view, agreements for the
sale of land include an implied term that the purchaser will receive a «good and marketable title in fee simple» based on both conveyancing practice (custom) and as a «legal incident»
of such contracts — that is by implication
of law based on the
judicial authorities cited herein (see para. 50).
One
of the challenges
of building a parallel to the
Sale of Goods Act for licences (or just extending the SGA to licences, either by legislation or by
judicial interpretation — both have been done in the US) is that commercial parties are allowed to exclude the implied warranties.
The firm's areas
of practice include: advising the multinational and multi-jurisdictional employer; Industrial Relations Board proceedings; collective agreements and bargaining; compensation and benefits plans; construction labour relations; employee relations; executive employment agreements and compensation; grievance arbitration; human rights and accommodation; injunctive court proceedings and
judicial review; interest arbitration; Labour Relations Board proceedings; management training; mediation and alternative dispute resolution; occupational health and safety; outsourcing; pay equity; privacy; responding to union organizing and applications for certification
sale or closure; strike or lock - out preparation and business continuity planning; workplace investigations; workplace safety and insurance; wrongful and constructive dismissal litigation.
A Singapore court that grants a judgment
of divorce,
judicial separation or nullity
of marriage, has the power to order division between the parties
of any matrimonial asset or the
sale of any such asset and the division between the parties
of the proceeds
of the
sale of any such asset «in such proportions as the court thinks just and equitable.»
In July, Telus filed its own application for a
judicial review over restrictions on the
sale of airwave licenses, after the government blocked the company from acquiring spectrum held by struggling startup Mobilicity.
Further, given the
sale was in a rising market, and that the price was fixed at # 400,000, the court did not think the vendor would have agreed to include a «call - in» clause, as this would have prejudiced his interests by delaying the completion
of the
sale by at least three months and seven days while the period for seeking
judicial review ran its course.
A foreclosure
sale under a Deed
of Trust does not have to follow the same procedures as a
judicial foreclosure, which requires stricter parameters and a higher level
of accountability; no
judicial supervision is required for a foreclosure
sale under a Deed
of Trust in most states.
Represent insurer in
judicial and ADR proceedings concerning the application
of separate directors and officers and representations and warranty policies to claims arising out
of the alleged breach
of a written stock purchase and
sale agreement concerning a complex corporate transaction, in Massachusetts.
Tamara has vast experience
of all forms
of Property law representing landlords and tenants as well as Lenders in proceedings ranging from standard possession claims to more complex issues
of art 8 and unreasonableness, undue influence in mortgage fraud (Ertridge),
Judicial Review and reasonableness
of action on the part
of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91
of the LPA 1925 to the High Court for orders for
sale in mortgage possession proceedings.
Proceedings for
judicial review have been brought in the High Court
of Justice in London before The Lord Chief Justice, The Master
of the Rolls and Lord Justice
Sales in order to obtain a declaration from the Court on whether, under UK constitutional laws, the Government can lawfully use prerogative powers to give notification to the EU under art. 50
of the Lisbon Treaty without the Parliament's formal authorisation.
A decision from the Wisconsin Supreme Court establishing the right
of an unsecured creditor to have a sheriff seize and execute upon a court judgment against the assets
of a debtor and forcing a
judicial sale to find an equity in excess
of the rights and value
of an existing security interest held by a secured creditor in the subject assets.
In a
judicial proceeding to sell tax - delinquent realty, the Commissioner
of Accounts can not enter a decree
of confirmation
of sale until the value
of liens against the property being sold are determined.
Sales goes on to argue that it would be too radical a reconceptualization
of Parliament's intention to assume that it was willing (outwith the Human Rights Act) to permit
judicial review on the ground
of proportionality.
Sales appears to presuppose an affirmative answer to this question — because Parliament is to be taken to have legislated against the background
of (and so to have assented to) the then - operative principles
of judicial review.
At my law school, in addition to the common first year subjects — torts, property, contracts, criminal law, legal systems and
judicial process and legal writing — we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division
of powers, that is — the Charter was not yet a gleam in anyone's eye), jurisprudence, company law,
sale of goods, secured transactions, trusts and family law.
Is the Bar Counsel investigating the reason the U.S. Attorney's office intervened in that
judicial sale and obtained an order from the Jessamine Circuit Court setting aside Ms. Ford's purchase
of the real estate.
Represented clients in the acquisition and
sale of real property, property financing, refinancing and private and
judicial foreclosures
Injunctions by W. Kent Power Insurance by Gideon Grant, Angus C. Heighington and W. Kent Power Interest by E.L. Weaver Interpleader by W. Kent Power Intoxicating Liquors by R.T. Ferguson Joint Tenancy and Tenancy in Common by Paul Home Judgements and Orders by Gerald Kelly
Judicial Sales by Paul Home Justices and Magistrates by Paul Home Landlord and Tenant by W. Kent Power Liens by F.W. Kemp Limitation
of Actions by Paul Home
Important public rights were at stake, including claims that there was improper delegation
of decision - making to a state agency and there was a failure to obtain
Judicial Council approval
of the
sale of some
of the buildings.
Highly personable professional with over ten years
of combined experience in account management, customer service, administrative, and call - center operations within the
sales, telecommunication,
judicial, and insurance industries.
A judgment
of judicial foreclosure may be preferred by a credit in favor
of a foreclosure
of a mortgage or deed
of trust to secure a «deficiency judgment» for any amount still owed by the debtor after the foreclosure
sale.
Thereafter, the Listing Broker filed a lawsuit seeking a
judicial determination over who was entitled to receive the cooperative commission from the
sale of the property.
If property is exposed to the «
Judicial Sale» and fails to sell, then it becomes part
of the repository; property in the repository can be bid on at any time, and the taxing authorities can determine whether or not to accept any bid on the repository properties.
Should a property not be sold at «Upset
Sale» (usually because it has a big mortgage or it is a mobile home or because it is vacant land), then the property is to be exposed for sale in the next «Judicial Sale»; the «Judicial Sale» is the only sale where all encumbrances are wiped out, and payment of the taxes gives you the property free of all other encumbrances of rec
Sale» (usually because it has a big mortgage or it is a mobile home or because it is vacant land), then the property is to be exposed for
sale in the next «Judicial Sale»; the «Judicial Sale» is the only sale where all encumbrances are wiped out, and payment of the taxes gives you the property free of all other encumbrances of rec
sale in the next «
Judicial Sale»; the «Judicial Sale» is the only sale where all encumbrances are wiped out, and payment of the taxes gives you the property free of all other encumbrances of rec
Sale»; the «
Judicial Sale» is the only sale where all encumbrances are wiped out, and payment of the taxes gives you the property free of all other encumbrances of rec
Sale» is the only
sale where all encumbrances are wiped out, and payment of the taxes gives you the property free of all other encumbrances of rec
sale where all encumbrances are wiped out, and payment
of the taxes gives you the property free
of all other encumbrances
of record.
Repository properties have been exposed to «
Judicial Sale» already, so they come free
of all other encumbrances (but there may be a requirement to pay all current taxes and municipal fees).
In October, however, filings spiked 7 percent from the previous month, and the month - over-month activity was much higher in the housing markets
of California, Nevada, Arizona, and Florida, where the downturn was sharpest, as well as in markets where the
judicial process held up foreclosure
sales.
A little reality check on a default in a mortgage: depending on your province, a default in a mortgage can result in a power
of sale, a foreclosure or a
judicial sale.
Next students will go over taxation, with property taxes, other taxes, impact
of taxation on financing arrangement, followed by foreclosure, a definition
of foreclosure, loan default,
judicial foreclosure, strict foreclosure, foreclosure by power
of sale, and alternatives and remedies for foreclosure.
According to the California Association
of Realtors, a deficiency judgment can be filed regarding a hard - money loan if the lender forecloses under a
judicial foreclosure versus a trustee
sale, or if the second loan is a hard money loan and the
sales takes place as a trustee's
sale.
Judicial foreclosure action is a proceeding in which a mortgagee, a trustee or another lienholder on property requests a court - supervised
sale of the property to cover the unpaid balance
of a delinquent debt.
There are two types
of «foreclosures» available to a lender: a trustee's (sherriff's)
sale and a
judicial foreclosure.
A deficiency judgment is a judgment obtained by the lender in court against the borrower for the difference between the unpaid balance
of the secured debt and the amount produced by
sale or the fair market value
of the security, whichever is greater, in a
judicial foreclosure.
Homebuyers in the state will likely get a deed
of trust which allows lenders to bypass a
judicial foreclosure and instead initiate a «power
of sale» foreclosure by simply hiring a third party to auction the home.
At the current rate
of foreclosure
sales,
judicial foreclosure states would require 111 months to work through inventories
of loans that are 90 or more days delinquent or in foreclosure.
In contrast, foreclosure
sales in
judicial states such as New York, New Jersey, and Vermont only make up 5 percent
of home
sales.
Foreclosure
sale rates in non-
judicial states stood at approximately four times that
of judicial foreclosure states in December.
The Golden State has a non-
judicial (no courthouse involvement) process for deeds
of trust that include a power -
of -
sale clause and a
judicial process for mortgages.
The two ways different states use to foreclose upon a property are:
judicial sale or power
of sale.
If the deed
of trust, however, does not contain a power
of sale language, (language in the mortgage that allows the mortgagee to sell the property) the lender may seek
judicial foreclosure.