Sentences with phrase «property under power»

This is because the bank has noticed that they can sell the property under power of sale at current market value.

Nonjudicial foreclosure is the process of selling real property under a power of sale in a mortgage or deed of trust that is in default.

Let us take the example of a bank that is selling a property under power of sale, when a mortgage goes into default.

When institutional lenders sell a property under power of sale and suffer a shortfall on the mortgage, the real estate transaction is often reviewed by the lender to determine whether the solicitor that acted was somehow negligent.

If a lender sells a property under power of sale, they can charge in excess of $ 30,000 in fees and this reduces the amount the former homeowner would get from the sale.

Majority of these properties under power of sale are sold at market value.

Not exact matches

New York would have the power to recoup millions of dollars in state property - tax subsidies from wealthy homeowners who were ineligible to receive the aid, under legislation proposed by Cuomo.

After reviewing the material provided by Nevin, Kennedy said in an email that «this unsubstantiated county ordinance does not impact the village's authority to exercise its police power under the [New York State] Constitution in relation to regulating signs on public property.»

Prof. Dankofa, among other things, in suit KDH / KAD / 236 / 2018 is praying the court to «declare that the action of the respondents (Kaduna State Government and Kaduna Geographic Information Service, KADGIS) in arrogating to themselves the power to punitively sanction the Applicants (Hunkuyi and his Company, Muna Investment Ltd) property, even if the Applicants were purportedly in default of payment of either ground rent or land use charge or for any other reason constitute a gross violation of Applicant Fundamental Human Right guaranteed under section 43 (1) and 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore illegal, unconstitutional, null and void.»

«In this collaborative Los Alamos - Sandia material science experiment, we're determining the fundamental properties of a tiny amount of plutonium placed under tremendous pressure,» said Sandia pulsed - power sciences director Keith Matzen.

Power Point presentation, 28 slides, Explaining how the area under any graph can be calculated using integrals defined from one point to another; State other properties of definite integrals and show some worked examples how to use theses properties, based on IB Standard Level Syllabus.

Zoning The right of a community, under its police power, to dictate the use of property within its boundaries.

La Casona has excellent surfing right in front and their guests have a large choice of activities for all ages, from power packed adventure excursions on horseback rides along the beaches (with a couple of horses owned by the property) to flying through the tree tops on a zip line or relaxing with a massage under the palm trees or even a private Yoga session at daybreak or sunset.

Only when, in addition to just institutions, the increase of mankind shall be under the deliberate guidance of judicious foresight, can the conquests made from the powers of nature by the intellect and energy of scientific discoverers, become the common property of the species, and the means of improving and elevating the universal lot.»

The Litigation Center also regularly participates in cases that present important constitutional questions regarding the separation of powers, due process rights, unreasonable searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech, and many other issues.

Under the capacity of a commercial lawyer, my job is primarily to promote economic efficiency, say, to take advantage of my knowledge, logic power and intelligence in avoiding or reducing misunderstandings, settling differences, and improving usage of capital, property and goods.

Notable mandates: Represented Halifax Regional Municipality in its 10 - year battle with the federal government over the under - estimation of the value of Citadel Hill pursuant to the Payments in Lieu of Taxes Act; represented the province of Nova Scotia in the purchase of Bowater Mersey Paper Co. Ltd., and on the NewPage Corp. matter; advised Husky Energy on its South White Rose Extension project; acted for Emera Inc. on the development and transmission of hydroelectric power from Muskrat Falls; acted for Dexter to formulate a 3P bid to complete the twinning of the Saint John to St. Stephen divided highway, and provided legal advice when it won the contract; provided all legal services to establish title to Loblaw Co. Ltd. properties throughout Atlantic Canada as part of the establishment of a proposed REIT; engaged by TransCanada Corp. as local counsel on the Energy East Pipeline Project

As to such document entered into by an agent under (2) above, see 2 above (but a corporation can't give a continuing power of attorney for property).

D, under a power of attorney, sold the property in February 1993.

In a bankruptcy, insolvency practitioners» powers include the court - sanctioned ability to: interview under compulsion; search and seize property associated with fraud; obtain freezing orders on assets; overturn transfers of assets to third parties; obtain passport orders to prevent bankrupts from leaving the country; and order the delivery up of records.

In Re Barcham [2009] 1 All ER 145 the court held that TOLATA 1996 did not provide an exhaustive regime for compensation for the exclusion of a beneficiary from the occupation of a property subject to a trust of land and that an essential prerequisite for the power to award compensation under TOLATA 1996, s 13 (6) was the entitlement under TOLATA 1996, s 12 of the beneficiary claiming the compensation to occupy the land at any time by reason of their interest: what triggered that award was the exclusion of that right of occupation.

Until 1802 (i.e. for the first 13 years of the current constitution), Congress imposed what amounted to property taxes of various kinds under its excise tax power, but the constitutional validity of these taxes has never been established definitively before they were repealed and those taxes have never been reinstated.

The heart of the fight is whether the fed's power to regulate trade and commerce under s. 91 (2) of the Constitution Act, 1867 trumps the provinces» power to regulate property and civil rights under s. 92 (13).

That power belongs to the Attorney General of Ontario (the AG), which is statutorily authorized under the Civil Remedies Act, 2001 (the Act) to commence proceedings before the Ontario Superior Court for an order requiring a wrongdoer to forfeit property in Ontario to the Crown in right of Ontario where the court finds that the property is the «proceeds of unlawful activity».

Annexation of approximately 900 acres of industrial property under a favorable annexation agreement to preclude forcible annexation of power plant by an adjacent municipality.

Currently the maximum fee a property attorney appointed under an enduring power of attorney may charge is 2.5 % of the amount of money dealt with per month.

The maximum fee a property attorney appointed under an enduring power of attorney can charge is based on the amount of money they deal with in a month.

And in the case of which we are speaking, the question arose whether the Territorial Legislature could be authorized by Congress to establish such a tribunal, with such powers, and one of the parties, among other objections, insisted that Congress could not under the Constitution authorize the Legislature of the Territory to establish such a tribunal with such powers, but that it must be established by Congress itself, and that a sale of cargo made under its order to pay salvors was void as made without legal authority, and passed no property to the purchaser.

Whether you're a citizen, foreign national or stateless, the state assumes jurisdiction over you, and all people and property in its geographical area of influence, under its recognized constitutional police power.

Whether property be owned as tenants in common, or as joint tenants, if the parties can not agree on the sale of the property, the BC Court has the power to do so under the provisions of the Partition of Property Aproperty be owned as tenants in common, or as joint tenants, if the parties can not agree on the sale of the property, the BC Court has the power to do so under the provisions of the Partition of Property Aproperty, the BC Court has the power to do so under the provisions of the Partition of Property AProperty Act RSBC.

«Search and seizure under statutory powers constitute fundamental infringements of the individual's immunity from interference by the state with his property and privacy — fundamental human rights.»

(b) the functions that a police officer may lawfully exercise, whether under an Act or any other law as an individual (otherwise than as a police officer) including, for example, powers for protecting property.

The Federal Crown has jurisdiction over Aboriginal title land under its power over «Indians, and Lands reserved for the Indians,» but the Province has jurisdiction over forestry under its power over property and civil rights.

As a result, Peter commenced an application under the Substitute Decisions Act, 1992, (the «SDA») to be appointed guardian of the person and property for Karl and for a declaration that the only valid power of attorney for property was the one granted to him in 1993.

-- The right of a citizen to travel and transport property and to use the ordinary and usual conveyances of the day may, under the police power, be regulated by the city in the interest of public safety and welfare; but the city may not arbitrarily or unreasonably prohibit or restrict it, nor may it permit one to exercise it and refuse to permit another of like qualifications, under like conditions and circumstances, to exercise it.

Similar questions arise under powers of attorney for property in the case of people who become incapable of managing their own affairs.

Article IV of chapter 1 of Part the Second of the Constitution is hereby amended by inserting after the words «and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within said Commonwealth» the words: -, except that, in addition to the powers conferred under Articles XLI and XCIX of the Amendments, the general court may classify real property according to its use in no more than four classes and to assess, rate and tax such property differently in the classes so established, but proportionately in the same class, and except that reasonable exemptions may be granted.

For illness and accidents that are results of wars and warlike occurrences or invasions, acts of foreign enemies, hostilities, active participation in riots, civil war, rebellion, insurrection, military or usurped power or confiscation or nationalization or requisition of or destruction of or damage to the property by or under the order of any government or local authority.

Most companies provide limited coverage for property damage for small boats such as canoes and small sail boats or small power boats with less than 25 per hour horse power under a homeowners or renters insurance policy.

Given that the owners of the houses destroyed by Israel in the West Bank «find themselves -LSB-...] in the hands of [an] Occupying Power of which they are not nationals», they are protected persons under Art. 4 GCIV and therefore their property can be said to be «protected» as required by the chapeau of Art. 8 (2)(a).

As defined by the High Court in the Mabo decision, under common law, native title is a vulnerable property right, it is inferior to sovereign title which has the power to extinguish native title without notice, consent or compensation.

(5) Without limiting the power of any court to grant an adjournment in proceedings under this Act, where, in property settlement proceedings, a court is of the opinion:

Yet there was a case when even a bank selling under power of sale with an «as is» clause was still held liable to the buyer after closing when it turned out that they had information about an environmental problem on the property in their files and failed to disclose it.

However, there are many cases when sellers can not complete the PCS form, such as when the property is rented and they have no personal knowledge about the physical condition, the seller is infirm and can not understand the questions on the PCS form, or if the property is being sold by an estate trustee or by a bank under power of sale.

Focused on property, power and infrastructure assets, the company has approximately $ 40 billion of assets under management, including 70 office properties and 130 power generating plants.

In Ontario Real Estate Investing, under the Mortgage Act Section 31, it is stipulated that a notice of power of sale must be given to every party appearing by the registered of ownership and by the index of executions to have interest of the mortgage property.

In either case, you may wish to authorize someone under a Power of Attorney for property to act in your best interests and make binding decisions on your behalf.

Power of sale is a different kind of default remedy: rather than taking title to your home, your lender simply sells it from under you and uses the proceeds to pay off your debts: mortgages, property tax arrears, property liens.

Under power of sale, the bank has the right to sell the property by auction, private contract, or tender.

«If a municipality serving one of our properties, such as the Los Angeles Department of Water and Power, opens up its system, we have the option of bringing those properties in under the contract we have already signed or buying elsewhere, whichever makes the most economic sense.»