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Wyoming Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor

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An accord and satisfaction is a method of discharging a contract by substituting for the contract an agreement for its satisfaction and the execution of the substituted agreement. The accord is the agreement. The satisfaction is the execution or performance of the agreement.



In this form, Creditor agrees to secure a new mortgage loan secured by a mortgage or deed of trust on certain real property owned by Debtor. In the event that Creditor does secure a new mortgage loan, all moneys received by Creditor, over and above the existing secured indebtedness on the premises and over and above the expenses of obtaining a mortgage loan, will be credited to the account of Debtor. In the event that Creditor is able to obtain a new mortgage loan secured by the premises in an amount that would exceed the debt owing Creditor by Debtor, Creditor will refund to Debtor the excess amount. Creditor agrees that, after a mortgage loan has been secured on the above-described property, Creditor will immediately convey the property to Debtor for the sole consideration of the assumption by Debtor of the indebtedness secured by the property.



Until such time as a new mortgage loan is secured on this property, Creditor will rent the property to Debtor for a sum that will equal the monthly payments due on the existing mortgage loan.


The Wyoming Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor is a legal contract that outlines the terms and conditions for resolving a debt through the refinancing of the debtor's property in the name of the creditor. This agreement is designed to provide a mutually beneficial solution for both parties involved in the debt. In this agreement, the debtor agrees to transfer the ownership of their property to the creditor in order to satisfy their outstanding debt. Essentially, the debtor refinances their property and uses the funds from the refinancing to repay the creditor. This allows the debtor to clear their debt while the creditor gains ownership of the property as collateral. Keywords: 1. Wyoming Agreement: Refers to the specific agreement being discussed, which is governed by the laws and regulations of the state of Wyoming. 2. Accord and Satisfaction: Indicates that the agreement serves as a resolution of the debtor's debt by providing a mutually agreed-upon solution for both parties involved. 3. Refinancing: The process in which the debtor obtains a new loan to pay off the existing debt, often securing the new loan against the property. 4. Debtor's Property: Refers to the real estate or any other asset owned by the debtor which is utilized as collateral for the refinancing. 5. Creditor: The individual or entity to whom the debt is owed, and who will become the owner of the property upon completion of the agreement. Different types of Wyoming Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor may include: 1. Residential Property Refinancing Agreement: This type of agreement specifically relates to the refinancing of a debtor's residential property, such as a house or an apartment. 2. Commercial Property Refinancing Agreement: This agreement focuses on refinancing a debtor's commercial property, including office buildings, retail spaces, or industrial properties. 3. Agricultural Property Refinancing Agreement: This type of agreement pertains to the refinancing of a debtor's agricultural property, such as farmland or livestock facilities. 4. Vacant Land Refinancing Agreement: This agreement applies to the refinancing of a debtor's vacant land, which may be intended for future development or investment purposes. It is important to ensure that each agreement is tailored to the specific needs and circumstances of the parties involved and complies with the laws and regulations of Wyoming. Consulting with a legal professional knowledgeable in real estate and debt matters is advisable to draft or review such agreements.

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FAQ

Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.

The check must have a clear and noticeable statement that the check is offered in full satisfaction of the debt before an accord and satisfaction may be established. The statement must be conspicuous so that a reasonable person either noticed it or should have noticed it.

All A&S must be in writing just as any other legal contract. Remember. An accord without satisfaction is worthless. If you have an ongoing dispute with a creditor, collector, or even a neighbor, contractor, etc., you can use an A&S to settle your matter.

Definition. An agreement (accord) between two contracting parties to accept alternate performance to discharge a preexisting duty between them and the subsequent performance (satisfaction) of that agreement.

554, 561 (2001), for the rule that three elements must exist for there to be an accord and satisfaction: (a) there must be a (good faith) dispute about the existence or extent of liability, (b) after the dispute arises, the parties must enter into an agreement in which one party must agree to pay more than that party

An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. Accord and satisfaction is also used to settle legal claims prior to bringing them to court.

Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

Most contracts can be either written or oral and still be legally enforceable, but some agreements must be in writing in order to be binding. However, oral contracts are very difficult to enforce because there's no clear record of the offer, consideration, and acceptance.

An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. Accord and satisfaction is also used to settle legal claims prior to bringing them to court.

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The debtor may file a plan with the petition or at any time.agreement avoid the required notice to all creditors before property can be abandoned. The creditor the right to repossess the goods should the debtor default on the loan. 3. Consumer debt is often refinanced to bring a delinquent account.Creditor out of contract proceeds would not). 2. Assets That the Debtor Holds in Trust. Under 11 U.S.C. § 541(d), any property to which the debtor holds ...223 pages creditor out of contract proceeds would not). 2. Assets That the Debtor Holds in Trust. Under 11 U.S.C. § 541(d), any property to which the debtor holds ... Proof of the Plaintiff's Standing to File the Foreclosure Complaintof a contract requiring the lender to restructure the mortgage in the event of a ... Another theory holds that some debtors file for Chapter 13 never intendingA creditor's secured claim in personal property should be determined by the ... Failure of a borrower to comply with the terms of a loan agreement.irrespective of the identity of the party in whom title to the property is vested, ... By RH Nowka · 2011 · Cited by 1 ? consumer goods1 is the agreement between the secured party and debtor toof consumer goods using credit from the seller or a loan from a lender and ... ABANDONMENTcollateral by creditor, 12.5.6ACCELERATIONsee alsoSECURITY AGREEMENTS: acceleration, see ACCELERATION: accord and satisfaction, 12.3.3, ... By SD Emery · 1985 ? D. EPSTEIN, DEBTOR-CREDITOR LAW IN A NUTSHELL 20-41 (2d ed. 1980).Wyoming legislature exempted certain property from satisfaction of judgments.' 4 The ... By DG Carlson · 1985 · Cited by 54 ? would violate a covenant in a loan agreement between the debtorcreditor's property protects senior creditors from the junior credi-.

The amount of the loan and the interest rate depends on the amount of equity the property has. Home equity loans that have an equity value of less than or equal to 300,000.00 may qualify through certain credit score requirements. A Home Equity Loan is available in any state in the U.S. that allows personal property financing, such as Nevada, Arizona, and California. The minimum amount the property must be worth to qualify for a home equity loan is 800,000.00. There are two types of Home Equity Loans: A 30-year loan in the amount of 1,200,000.00, repaid over 30 years; or A 30-year loan in the amount of 1,450,000.00, repaid over 30 years A Home Equity Loan is not a mortgage; therefore, if you already have a HELOT, you can use that one for the repayment of your Home Equity Loan. The following is a basic summary of the characteristics of a Home Equity Loan: A fixed principal balance of up to 600,000.00 An interest rate ranging from a few percent to 12.

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Wyoming Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor