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Monday, May 18, 2020 | History

1 edition of Debtor/creditor issues in real estate transactions found in the catalog.

Debtor/creditor issues in real estate transactions

Debtor/creditor issues in real estate transactions

  • 200 Want to read
  • 15 Currently reading

Published by Oregon State Bar in Lake Oswego, OR .
Written in English

    Subjects:
  • Debtor and creditor -- Oregon.,
  • Debtor and creditor -- United States.,
  • Real property -- Oregon.,
  • Lender liability -- Oregon.

  • Edition Notes

    Statementco-sponsored by Oregon State Bar Continuing Legal Education and the Debtor/Creditor Section.
    ContributionsOregon State Bar. Continuing Legal Education., Oregon State Bar. Debtor-Creditor Section.
    The Physical Object
    Pagination1 v. (various pagings) :
    ID Numbers
    Open LibraryOL14533422M

      In financed real estate transactions, trust deeds transfer the legal title of a property to a third party, such as a bank, escrow, or title company, to hold until the borrower repays his debt to. A debtor’s estate is the property that creditors can take while the debtor is in bankruptcy. The debtor’s estate is extremely large: it includes all of the debtor’s equitable and legal interests in property before the debtor petitioned for bankruptcy.

    Particularly in tough economic times but at all other times due to business realities, cancellation of outstanding debt may be a wise move for a creditor. Cancellation of debt refers to the releasing or forgiving of a debt in whole or part. Cancellation of debt may be granted to individuals or businesses depending on the circumstances. In New York, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. In addition, New York allows judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

    priate state court land records. While a Chapter 13 plan may modi-fy the rights of holders of certain secured claims, it may not modify a security interest in real property that is the debtor’s principal residence, subject to limited exceptions.6 One exception is that if the last payment on the Stripping it Down – Real Estate Issues in File Size: KB.   Real estate lawyers need to be aware of bankruptcy issues as they negotiate and document transactions, and bankruptcy lawyers face real estate issues in almost every case they work on. In a subset of these cases, including single-asset real estate cases, developer bankruptcies and retail cases, real estate issues are likely to predominate.


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Debtor/creditor issues in real estate transactions Download PDF EPUB FB2

One of the leading casebooks in the field, The Law of Debtors and Creditors features forty problem sets with realistic questions a lawyer considers in confronting the statutory Debtor/creditor issues in real estate transactions book for a bankruptcy case.

Explanatory text throughout makes bankruptcy law accessible to students and easier to teach. The material is organized functionally as a bankruptcy case would unfold making the Cited by: 7. Definition of Creditor. A creditor is a person, bank, or other enterprise that has lent money or extended credit to another party.

The party to whom the credit has been granted is the debtor. Examples of a Debtor and a Creditor. Assume that a company borrows money from its bank.

The company is the debtor and the bank is the creditor. Creditor and Debtor RelationshipLegal Definitions, Rights and Responsibilities of Creditors and Debtors.

Business Encyclopedia ISBN © Solution Matrix Ltd All Rights Reserved. A business can be a creditor to customers who have not yet paid for goods purchased, and debtor to its bondholders or bank. A secured creditor may be the holder of a real estate mortgage, a bank with a lien on all assets, a receivables lender, an equipment lender, the holder of a statutory lien or any number of other types of entities.

It may be a senior lender or a subordinate lender. It may be oversecured, fully secured or undersecured. Secured transactions, for instance, are sale or loan transactions in which the debtor gives the creditor a claim to the debtor's property in order to ensure payment of the debt.

A secured creditor takes priority over an unsecured creditor if there are competing claims to the property or. A bona fide debt arises "from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money" (Povolny at *9, citing Regs.

Sec. (c)). This relationship hinges on whether there was a "genuine intention to create a debt, with a reasonable expectation of repayment," that comports. Collier Real Estate examines the entire Bankruptcy Code with emphasis on provisions directly related to real estate.

Separate chapters are devoted to mortgages, leases, miscellaneous real estate transactions, creditors' rights affecting title insurance and environmental issues in bankruptcy.

The court issues the Writ of Execution and gives it to a process server (money, some personal property, and real estate) c. the type of debtor's personal property which is called by the statutes "personal property subject to value limitations" (household goods, clothes, books, JUDGMENT CREDITOR BOOKLET ' The.

However, because creditors are not required to report information to a credit reporting agency, when you negotiate a debt settlement, ask to have any negative information about the debt removed from your credit files.

The collection agency may tell you that this is not its decision—that only the original creditor can remove the information. About the Book. This is the third edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy is designed for a one-semester course in debtor/creditor law and bankruptcy.

The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for Author: Gregory Germain. The term "mortgage" refers to the document that creates the lien on real estate and is recorded in the local office of deed records to provide notice of the lien secured by the creditor.

The creditor or lender, also called either mortgagee (in a mortgage) or beneficiary (in a deed of trust), is the owner of the debt or other obligation secured by the mortgage. For example, a debtor is somebody who has taken out a loan at a bank for a new car.

Examples of debtors: Trade debtors – money owed from customers; Staff loans; Creditor and debtor scenario.

One typical scenario of a creditor and debtor in everyday life, would be a credit card company (creditor) who has issued a credit card to a customer.

In addition to issues regarding contracts and sales law, the UCC also deals with a variety of other topics, among them, the rights of creditors in secured transactions. While not fully adopted in all states, the UCC is a good guideline for how a state is likely to proceed in dealing with the creation and payment or discharge of secured.

That § 4(a)(1) applies to future creditors is clear from its plain text, which states that a "transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's Author: Jay Adkisson.

If the debt is unsecured and the creditor has gotten a court judgment, the creditor may be able to take the debtor’s non-exempt property. Many people do not have anything that can be taken by a creditor to pay a judgment. Usually, after a creditor gets a judgment, the creditor sends papers called post-judgment discovery to the debtor.

This book guides you through this complex area--whether you represent the creditor or the debtor. The authors, two experienced debtor-creditor lawyers and a turnaround consultant/professional receiver, share their practical experience and advice.

A creditor should come away from the meeting with a fuller picture of the debtor's financial condition and past transactions and, in Chapter 11 cases, the debtor's future prospects.

Creditors should do their homework before the meeting because each may be limited to a few questions. Real Estate Homestead: own and occupy 27 V.S.A. §, $, Limitations Consensual liens After Acquired Property-§In re June Lewis-In re Holly Nunn Exemptions 12 V.S.A § LIST OF EXEMPTIONS The following is a list of potentially applicable rights of a debtor to.

Oftentimes, creditors seeking to collect money judgments in Miami-Dade or Broward County will file a lis pendens in the public records against real property (i.e.

real estate) owned by the debtor. A “lis pendens” is a written notice that a lawsuit has been filed which concerns title to real property or some interest in that real property. Goods that have become so attached to real property that an interest in them arises under real property law.

Ordinary building materials not considered fixtures. Interest in fixtures may arise under UCC and real estate law. Perfection - must make "fixture filing" in office where mortgage on real estate would be filed. Commercial Landlord Issues in By Kevin M.

Lippman and Jonathan L. Howell COMMERCIAL REAL ESTATE EDUCATIONAL SERIES I. Introduction The purpose of this article is to educate legal practitioners and real estate professionals who are stay, however, does not prohibit creditors from pursuing a debt related to a Chapter 13 debtor’s business.Debtor And Creditor Lawyers Serving Portland, OR and Washington County, Oregon Our firm represents individuals and companies in a wide range of business and real estate transactions, estate planning, trusts and probate, as well as litigation and dispute resolution of all types.

Virginia law, under which Cold Spring was formed, follows this so-called "Charging Order exclusivity", i.e., it restricts a creditor's remedy against a debtor/member's interest to Charging Order Author: Jay Adkisson.