After the filing of the bankruptcy petition, the debtor needs protection from the collection efforts of its creditors. Therefore, the bankruptcy law provides that the filing of either a voluntary or involuntary petition operates as an automatic stay which prevents creditors from taking action against the debtor. This is similar to an injunction against the creditors of the debtor. The automatic stay ends when the bankruptcy case is closed or dismissed or when the debtor is granted a discharge.
Guam Motion in Bankruptcy Court by Mortgagee to Vacate Stay to Permit Foreclosure of Mortgage on Debtor's Real Property
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How to fill out Motion In Bankruptcy Court By Mortgagee To Vacate Stay To Permit Foreclosure Of Mortgage On Debtor's Real Property?
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The equitable right of redemption is available in all states, and homeowners are free to exercise the right. They can exercise the right to prevent a foreclosure upon their property by paying off the outstanding balance, plus other fees incurred during the foreclosure process.
Definition: A clog on the equity of redemption is an agreement or condition that prevents a mortgagor (borrower) from getting back their property free from any encumbrance (legal claim) upon paying the debt or fulfilling the obligation for which the security was given.
Equity of redemption (also termed right of redemption or equitable right of redemption) is a defaulting mortgagor's right to prevent foreclosure proceedings on the property and redeem the mortgaged property by discharging the debt secured by the mortgage within a reasonable amount of time (thereby curing the default).
The equity of redemption refers to the right of a mortgagor to redeem his or her property once the debt secured by the mortgage has been discharged.
Whether you go through foreclosure or through bankruptcy, your credit score will be affected. Foreclosure stays on your credit record for 7 years; bankruptcy for 10. That doesn't necessarily mean that bankruptcy is worse for your credit than foreclosure though.
The equity of redemption is more commonly referred to simply as the ?equity? and is generally equivalent to the value of the property less the outstanding debt secured against it.
Deed-in-lieu of foreclosure allows you to avoid foreclosure by deeding your home to the bank. In exchange, the bank forgives the balance of your loan. It does not allow you to stay in the home, but it is generally less damaging to your credit than foreclosure.
Equity of Redemption Definition and Examples If the lender has started the foreclosure process, the homeowner can redeem the mortgage using equity of redemption. For example, Mary is behind on her mortgage payments, and the lender has accelerated the loan, which means the lender has demanded payment in full.