Rather than directly deciding whether the sale price was "substantially different," the court relied on the presumption that the price at a judicial sale
is generally "conclusive of the value of 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.
We mention these matters here because they indicate that for about two centuries there has been a rather continuous effort either through general rule or by appeal to the chancellor in specific cases to prevent the machinery of judicial sales
from becoming an instrument of oppression.
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.
Alternatively if the mortgagee proceeds with a judicial sale
to realize on its security, the mortgagor is not in control of the sale, the property is usually not presented in its marketable best, and sale timelines are short.
The case is complicated by the fact that the purchaser at the judicial sale
also held a preferred ship mortgage on the vessel.
Liberty to apply could not, in our view, give the Court a jurisdiction to set aside the order in the circumstances of this case when all the requirements of a judicial sale
had been satisfied.
If the claimant is ultimately successful, the security interest which has been created by the action in rem is enforceable by judicial sale
of the arrested property or against the security which has been given in its place.
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).
The purpose of this Request for Proposal (RFP) is to enter into a contract with a qualified Offeror to provide legal services for the collection of delinquent real estate taxes through collection services and the judicial sale
of real property.
It will be noted that the protected shipowner must either be a buyer of the vessel pursuant to the 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.
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.