(Ch. 15) Vocab (Liens, Foreclosure And Redemption) Flashcards
Evaluation, appraisal…
Assessment
The act of taking realty by judicial order and placing it within the custody of the court. (15-194)
Attachment
A judgement for the balance of a debt, issued when the difference between the indebtedness sued upon and the sale price obtained at the foreclosure sale is less than the debt (14-169)
Deficiency Judgement
The final determination of the rights and liabilities of the parties by a court in an action before it. (15-194)
Judgment
The interest or value which an owner has in real estate over and above the liens against it; branch of remedial justice by and through which relief is afford to parties in courts of equity. (14-171)
Equity
The right of an to reclaim property before it is sold through foreclosure proceedings by payment of the debt, interest and cost. (15-192)
Equity of Redemption
Procedure whereby property pledged as security for a debt is sold to pay the debt in event of default in payments or terms.
Foreclosure
A lien which attaches to all property owned by the debtor
General Lien
A lien imposed against property without consent of an owner: e.g., tax, special assessment and federal income tax liens. (15-191)
Involuntary Lien
A right, given by law, whereby a creditor may satisfy a debt out of the proceeds of the sale of real or personal property belonging to the debtor; an encumbrance, usually naming property as security for payment of a debt or for the discharge of an obligation (15-191)
Lien
A legal document giving constructive notice that legal action is pending. (15-191)
Lis Pendens
A lien which exist against real property in favor of persons who have performed work or furnished materials for the improvement of the real estate. (15-193)
Mechanic’s Lien
A federal law that protects servicemen and women, including reservists and members of the National Guard (when on active duty) from loss of their homes through foreclosure. (15-193)
Servicemember’s Civil Relief Act
A lien which which is applicable to one property in particular versus a general lien, which applies to all property of the individual involved. (15-191)
Specific Lien
A lien on the defendant’s real estate from the time it is issued.
Writ of Attachment