Enforcing Judgments Against Land: Difference between revisions
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Enforcing Judgments Against Land (view source)
Revision as of 17:02, 12 October 2018
, 12 October 2018→Information gathering
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== Information gathering== | == Information gathering== | ||
===Learn the circumstances=== | |||
Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors? | Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors? | ||
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Consider conducting a Land Title Office search of the debtor’s property to confirm all the charges against the title. | Consider conducting a Land Title Office search of the debtor’s property to confirm all the charges against the title. | ||
===Practical realities=== | |||
The most significant issue in an enforcement action against land is the equity the debtor has in the land. For this reason, you must obtain a realistic appraisal of the property. The most recent statement from the BC Assessment Authority can help. Alternatively, you could use a real estate agent or qualified appraiser. | The most significant issue in an enforcement action against land is the equity the debtor has in the land. For this reason, you must obtain a realistic appraisal of the property. The most recent statement from the BC Assessment Authority can help. Alternatively, you could use a real estate agent or qualified appraiser. | ||
