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Enforcing Judgments Against Land: Difference between revisions

From Clicklaw Wikibooks
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'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.
'''Foreclosure''' is a proceeding brought by a creditor who has a mortgage interest in a property. Usually, when a person borrows money to buy a home, they have to give the lender a mortgage over the home as security. If the borrower defaults, the lender can bring a legal action to take (or "foreclose") the property and, at the same time, get a judgment for the money owed. See the [[Mortgages and Foreclosure]] section for details.


An '''enforcement action''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action against the property.
An '''enforcement action''' is a proceeding brought by an unsecured creditor who has obtained a judgment against a debtor. An unsecured creditor does not have a mortgage as security. The creditor must first get a judgment, and then bring the enforcement action seeking to have the property sold.


=== Procedure for an enforcement action===
=== Procedure for an enforcement action===
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