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Difference between revisions of "Creditors' Remedies against Debtors (10:III)"
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Creditors' Remedies against Debtors (10:III) (view source)
Revision as of 04:58, 11 June 2016
, 04:58, 11 June 2016→b) Execution Procedure: Land
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'''NOTE:''' LSLAP students cannot help with issues relating to land. These cases must be referred to the Lawyer Referral Service. | '''NOTE:''' LSLAP students cannot help with issues relating to land. These cases must be referred to the Lawyer Referral Service. | ||
If the judgment creditor registers a judgment in any Land Title Office, a lien is created against the interest in the real property of the judgment debtor that is registered in the land registration district in which the judgment is registered (s 82). Once a lien is formed, the judgment creditor may seek a court order to have the sheriff sell the land (ss 92 and 96), unless the land is held in joint ownership and the debt is in one party’s name only. In that case, an application must be brought for partition and sale of the property. The execution procedure, however, is slow and potentially expensive. The judgment creditor must renew the judgment after two years or it is extinguished, | If the judgment creditor registers a judgment in any Land Title Office, a lien is created against the interest in the real property of the judgment debtor that is registered in the land registration district in which the judgment is registered (s 82). Once a lien is formed, the judgment creditor may seek a court order to have the sheriff sell the land (ss 92 and 96), unless the land is held in joint ownership and the debt is in one party’s name only. In that case, an application must be brought for partition and sale of the property. The execution procedure, however, is slow and potentially expensive. '''The judgment creditor must renew the judgment after two years or it is extinguished''', unless it is a non-expiring judgment (i.e. a judgment registered under the ''Family Maintenance Enforcement Act''). | ||
'''NOTE: | '''NOTE: Where there is a conflict between the ''PPSA'' and the ''Land Title Act'', the ''Land Title Act'' prevails (''PPSA'', s 74).''' | ||
==== c) Legal Advice on Execution Orders ==== | ==== c) Legal Advice on Execution Orders ==== | ||