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Basics of Texas Real Estate Foreclosure and Stopping Foreclosure
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forkels4title Team Forkel Divisional Management Team at Cal Counties Title Nation share Foreclosure short sale info for information only and advise anyone exploring such options be sure to consult with Licensed Professionals as Laws do vary from State to State and we have seen many changes this last year alone. We would be happy to refer you to a professional in your area through our network or direct you to resources available to help get answers to your questions.
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PRIVATE ENCUMBRANCES Private encumbrances are voluntarily created by private parties who deal with the real property and consist of judgment liens, mechanic’s and materialmen’s liens, mortgages and trust deeds, easements, and restrictive covenants. Judgment Liens A lien is created when the property owner has been sued for a sum of money and a court has entered a judgment against the property owner. For example, a property owner is involved in an automobile accident. The property owner is sued for negligence and a $50,000 judgment is assessed against him by a court of law. Judgment liens do not become liens on real property until they have been recorded in a special book, called the Judgment Book or General Execution Docket, in the county where the real property is located. A judgment lien remains a lien on real property until it has been paid or expires by passage of time. Most states have laws that limit the duration of a judgment lien. These laws provide that a judgment lien, if not paid, will expire within 7 to 14 years after becoming a lien on real property. Judgments attach at the time of recordation to all property then owned by the judgment debtor or to any property thereafter acquired by the judgment debtor. Judgments are potential title problems and can be discovered during a title examination. Mechanic’s and Materialmen’s Liens A mechanic’s or materialmen’s lien is imposed by law on real property to secure payment for work performed or materials furnished for the construction, repair, or alteration of improvements on the real property. Each state has its own laws for the creation of these liens. Claimants under most mechanic’s or materialmen’s lien statutes include contractors, laborers, subcontractors, material suppliers, lessors of equipment and machinery, architects, professional engineers, and land surveyors. Most privately owned real property may be subjected to mechanic’s or materialmen’s liens. The lien attaches to all real property, including improvements, and all real property contiguous to the improved real property. Public real property is not subject to mechanic’s or materialmen’s liens. Special Mechanic’s and Materialmen’s Lien Situations Sometimes special situations exist that prompt the creation of mechanic’s and materialmen’s liens. Landlord and Tenant. Work performed for a tenant of real property only attaches to the tenant’s interest in the real property, and not the landlord’s, unless the landlord of the real property consents to the work and agrees to pay for the work. Contract Seller and Purchaser. Work performed for a purchaser of real property before a purchase and sale contract closes only attaches to the purchaser’s interest unless the seller has consented to the work. Husband and Wife. One spouse is ordinarily not an agent for the other spouse. Work performed at the request of one spouse is not a lien on the other spouse’s real property interest unless the other spouse has consented or agreed to pay.
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In real estate, a short sale is when a bank or mortgage lender agrees to discount a loan balance due to an economic hardship on the part of the mortgagor.
Short sales
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Given the economic downturn of recent years, professionals' fees and costs have been a driving factor in conducting the acquisition of distressed assets. A majority of these transactions take place pursuant to section 363 of the Bankruptcy Code. However, out-of-court alternatives such as Receiverships, Assignments for the Benefit of Creditors, and Article 9 of the Uniform Commercial Code have gained momentum to bankruptcy as expeditious and cost-efficient alternatives. This webinar focuses on the sale of distressed assets under each of these alternatives, including bankruptcy and a special emphasis on the sale or acquisition of distressed health care assets.
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PRIVATE ENCUMBRANCES Private encumbrances are voluntarily created by private parties who deal with the real property and consist of judgment liens, mechanic’s and materialmen’s liens, mortgages and trust deeds, easements, and restrictive covenants. Judgment Liens A lien is created when the property owner has been sued for a sum of money and a court has entered a judgment against the property owner. For example, a property owner is involved in an automobile accident. The property owner is sued for negligence and a $50,000 judgment is assessed against him by a court of law. Judgment liens do not become liens on real property until they have been recorded in a special book, called the Judgment Book or General Execution Docket, in the county where the real property is located. A judgment lien remains a lien on real property until it has been paid or expires by passage of time. Most states have laws that limit the duration of a judgment lien. These laws provide that a judgment lien, if not paid, will expire within 7 to 14 years after becoming a lien on real property. Judgments attach at the time of recordation to all property then owned by the judgment debtor or to any property thereafter acquired by the judgment debtor. Judgments are potential title problems and can be discovered during a title examination. Mechanic’s and Materialmen’s Liens A mechanic’s or materialmen’s lien is imposed by law on real property to secure payment for work performed or materials furnished for the construction, repair, or alteration of improvements on the real property. Each state has its own laws for the creation of these liens. Claimants under most mechanic’s or materialmen’s lien statutes include contractors, laborers, subcontractors, material suppliers, lessors of equipment and machinery, architects, professional engineers, and land surveyors. Most privately owned real property may be subjected to mechanic’s or materialmen’s liens. The lien attaches to all real property, including improvements, and all real property contiguous to the improved real property. Public real property is not subject to mechanic’s or materialmen’s liens. Special Mechanic’s and Materialmen’s Lien Situations Sometimes special situations exist that prompt the creation of mechanic’s and materialmen’s liens. Landlord and Tenant. Work performed for a tenant of real property only attaches to the tenant’s interest in the real property, and not the landlord’s, unless the landlord of the real property consents to the work and agrees to pay for the work. Contract Seller and Purchaser. Work performed for a purchaser of real property before a purchase and sale contract closes only attaches to the purchaser’s interest unless the seller has consented to the work. Husband and Wife. One spouse is ordinarily not an agent for the other spouse. Work performed at the request of one spouse is not a lien on the other spouse’s real property interest unless the other spouse has consented or agreed to pay.
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sleeperharwell
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Credit Management Association
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Lin Clarkson
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brocklobster
This is a voice over of a PowerPoint presentation we did at the seminar we did for distressed homeowners in our Edmond Oklahoma office. We discussed all the options for avoiding foreclosure in the Oklahoma City area with more information that is available at our short sale website, www.avoidforeclosureoklahoma.com.
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In real estate, a short sale is when a bank or mortgage lender agrees to discount a loan balance due to an economic hardship on the part of the mortgagor.
Short sales
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