Next, the court turned to the Louisiana Deficiency Judgment Act and found that "when a foreclosure is completed against a mortgaged property, the amount of the credit applied to the debt secured by the mortgage is limited to the proceeds of the judicial sale
" As such, when the property was sold at the judicial sale
, it was irrelevant whether the purchaser later sold the property for more or less than the amount it paid for the property.
Since so many of them have "lost" funds by being unable to collect all assessments from the lender, after the lender acquires title at judicial sale
, the associations have to find a new means to move the process along.
That in turn could raise questions about property governed by those orders--including the finality of judicial sales
, the enforceability of pending orders of possession, and the clarity of title to third-party purchasers.
Following entry of the Board's order requiring restitution, 85 Federal Reserve Bulletin 142 (1998), the court granted the Board's motion for judgment in the asset freeze action and authorized a judicial sale
of the seized property.
voluntary conveyance, abandonment) or by process of law (including foreclosure proceedings by judicial sale
or by power of sale in the loan agreement, strict foreclosure, foreclosure by entry and possession, by writ of entry, or by publication of notice).
City Clerk Michele Bannon told the NEWS on Friday that the Lackawanna County Tax Claim Bureau has accepted the city s offer for the property, which went into repository sale after it was not sold at a judicial sale
2) The purchaser of residential property at a judicial sale
must pay a sliding fee calculated at $1 for each $1,000 or fraction of the amount paid by the purchaser to defray municipalities' costs.
However the company's main creditor, Dan Bunkering, has now made an application for the judicial sale
of the vessel.
Royal Olympic") has further announced that under the agreement with the German lending institutions referred to in that announcement, Royal Olympic and its shipowning subsidiaries in respect of the vessels OLYMPIA VOYAGER and OLYMPIA EXPLORER, which subsidiaries are the debtors in a Chapter 11 proceeding in the United States Bankruptcy Court for the District of Hawaii, Royal Olympic and its two subsidiaries will consent to the lifting of the automatic stay in that proceeding and will consent to the lenders proceeding with the arrest and judicial sale
of the two vessels.
The court stated that although the sale at foreclosure will not ordinarily be disturbed where it was fairly made and free from fraud, a judicial sale
may be set aside when someone obtained an undue advantage or where a party was unfairly dealt with.
It did, however, alter the timing of the redemption period so that it would take place before the judicial sale
First, the Rent Stabilization Code provides that an owner acquiring a property via a judicial sale
(where records are unavailable to permit the purchaser to determine the legal rents) shall not be liable for making refunds on the seller's overcharges.
The Governor signed a law in 2010 that allows homeowners to move to block a judicial sale
when they can prove that they applied for a HAMP modification but the property was sold in violation of the program s terms.
1), reviewed the extensive case law involved in determining when a court has the discretion to set aside a judicial sale
upon the showing of fraud, mistake or other act that casts an aura of suspicion over the sale.
Following entry of the Board' s order requiring restitution, 85 Federal Reserve Bulletin 142 (1998), the court granted the Board's motion for judgment in the asset freeze action and authorized a judicial sale
of the seized property.