Alternatively, if the court determines there is no equity in the property available for subordinate lienholders
, the court may grant a creditor's motion for transfer of the abandoned property directly to the foreclosing creditor without a public sale, resulting in the extinguishment of all subordinate interests.
But after no filing came forth, the trustee's office stepped in, asking to either remove bankruptcy protection--allowing a lienholder
to foreclose on the property--or convert the filing to Chapter 7, which would set up a process to liquidate the company's assets.
4) A debtor may redeem property pursuant to [section] 722 by paying the lienholder
the present fair market value of the collateral.
1994) (the transfer of a check from an insurer to an automobile lienholder
promoted the previously committed underlying fraud of filing a false insurance claim and, therefore, satisfied the intent to promote requirement under [section] 1956); contra United States v.
What the Mountains Recreation and Conservation Authority is trying to say is that no matter what the claim of lienholder
, this property was intended to be and demonstrated in the public record through the development agreement and other understanding prior to the time the lien was recorded to be lien-free open space,'' Speiser said.
If the title shows that the landlord has encumbered its fee interest, the tenant should obtain a non-disturbance agreement from the senior lienholder
The sales contract required Randolph to buy "Vendor's Single Interest insurance, which protects the vendor or lienholder
against the costs of repossession in the event of default.
Unless a party, such as a mortgagee or other lienholder
, submits a claim, excess funds are refunded to the taxpayer.
Once included in the sale, the property can face eventual foreclosure by the lienholder
if the owner does not keep up with future payments.
In effect, the city's position is that federal remedies for lienholders
who receive insufficient notice are inadequate, because they do not allow a lienholder
to discharge the lien while retaining their right to bring suit.
Mirabile, found liable for cleanup of the site, had sought to bring the bank into the suit as a codefendant based on American's status as lienholder
Without such an explicit provision, the doctrine of merger may prevent the senior lienholder
from exercising his or her lien.
If she can find such a company, then she still has to list you and the finance company on the insurance as owner and lienholder
Likewise, a lienholder
on real property may require a title search on the property for which the lien is held.
Farmers Home Administration, which is a lienholder
on the old hospital building, Compton said.