SUMMARY
Volume 2 of this 2015 award-winning series includes chapters on financing transactions. PDF Download with 26 MS Word forms - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 24
MORTGAGE FORECLOSURE
Cody Hoesly
§ 24.1 INTRODUCTION
§ 24.1-1 Nature of Mortgage and Remedy
§ 24.1-2 Foreclosure—A Brief Overview
§ 24.1-3 Deed Absolute
§ 24.2 RIGHT TO FORECLOSE
§ 24.2-1 Material Breach of Covenant
§ 24.2-2 Subject Matter of Mortgage and Underlying Obligation
§ 24.2-3 Prepayment
§ 24.2-4 Time-Essence Provisions
§ 24.2-5 Demand for Payment; Acceleration
§ 24.2-6 Due-on-Sale Clauses
§ 24.2-7 Effect of Bankruptcy
§ 24.2-8 Election of Remedies
§ 24.3 FORECLOSURE ACTIONS
§ 24.3-1 Jurisdiction and Venue
§ 24.3-2 Trial by Jury or by Court
§ 24.3-3 Parties to a Foreclosure Action
§ 24.3-4 Pleading
§ 24.3-5 Affirmative Defenses
§ 24.3-6 Receivership
§ 24.3-7 Priorities
§ 24.3-8 Foreclosure Judgment
§ 24.3-9 Foreclosure Sale
§ 24.3-10 Possession of Property after Sale; Waste; Writ of Assistance
§ 24.3-11 Effect of Foreclosure
§ 24.3-12 Appeal
§ 24.4 REDEMPTION
§ 24.4-1 Equitable Redemption from the Mortgage
§ 24.4-2 Statutory Redemption from Foreclosure Sale
§ 24.5 OTHER ISSUES
§ 24.5-1 Special Rules for Specific Types of Property
§ 24.5-2 Wrongful Foreclosure
§ 24.5-3 Mortgagee in Possession
§ 24.5-4 Deed in Lieu of Foreclosure
§ 24.5-5 Mortgagee’s Liability for Environmental Problems
Form 24-1 Foreclosure Complaint
Form 24-2 Allegation in Complaint: Promissory Note Was Endorsed and Mortgage Was Assigned to Plaintiff
Form 24-3 Allegation in Complaint: Third-Party Assumption
Form 24-4 Allegation in Complaint: Bankrupt Defendant, Appointment of Trustee, and Relief from Automatic Stay (or Release of Property)
Form 24-5 Notice of Pendency of an Action
Form 24-6 Motion for Order to Show Cause Why a Receiver Should Not Be Appointed
Form 24-7 Affidavit Supporting Motion for Order Appointing Receiver
Form 24-8 Order for Show-Cause Hearing
Form 24-9 Order Appointing Receiver
Form 24-10 Motion and Order Requiring Presentation of Claims
Form 24-11 Receiver’s First Report
Form 24-12 Receiver’s Final Account and Motion to Terminate Receivership
Form 24-13 Order Approving Receiver’s Final Account, Discharging Receiver, and Exonerating Surety
Form 24-14 Judgment of Foreclosure
Form 24-15 Writ of Execution
Form 24-16 Instructions to Sheriff
Form 24-17 Motion for Writ of Assistance
Form 24-18 Affidavit in Support of Motion for Writ of Assistance
Form 24-19 Order for Writ of Assistance
Form 24-20 Writ of Assistance
Form 24-21 Notice of Intent to Redeem (and Notice to Render Accounting)
Form 24-22 Evidence of Right to Redeem
Form 24-23 Evidence of Senior Lien
Form 24-24 Purchaser’s Account
Form 24-25 Habendum Clause: Deed in Lieu of Foreclosure, Satisfaction
Form 24-26 Habendum Clause: Deed in Lieu of Foreclosure, No Merger