Bankruptcy
A
debtor that, upon voluntary petition,
is judged legally insolvent. The debtors
remaining property is then administered
for the creditors or is distributed
among them.
Breach
The failure without legal excuse to perform any promise made in a
contract. A breach is stated in the notice of default.
Deed of Trust
A written document, describing the real property that is
being given as security for the repayment of an obligation.
Equity of Redemption
The right of a defaulting mortgagor to redeem the mortgaged property before an absolute foreclosure.
Equity
1. a. The money value of a property or of an interest in property in excess of any claims or liens (as mortgage indebtedness) against it. 1.b. The difference between the market value of a property and the claims held against it.
Tax Lien
A statutory lien on property for taxes due giving the taxing authority a security interest in the property.
First Lien
A lien taking precedence over all other claims, charges or encumbrances of the same general category but not necessarily over those (as taxes) imposed by government sanction.
Judgment Lien
A lien acquired against the property of a debtor by a creditor upon obtaining a favorable judgment.
Mortgage
A temporary, conditional pledge of property to a creditor as security for performance of an obligation or repayment of a debt.
Foreclosure (non-judicial)
A popular term used to describe the procedure
followed in enforcing a creditor's rights when a debt secured by any lien on
property is in default; however, the correct term for a "Foreclosure"
involving a deed of trust is a "Trustee's Sale Proceeding."
Junior Lien
A lien that is lower in priority relative to other liens.
Notice of Trustee's Sale
A written document that sets forth the day, date
and time of the trustee's sale, describes the property to be sold and gives
an estimate of the opening bid. This document is prepared by the trustee
and does not require the acknowledgment of a notary public must be recorded
with the county recorder in the county in which the property is located at
least 14 days prior to the scheduled sale date. We must arrange for the notice
of trustee's sale to be published in a qualified newspaper in the city (or
judicial district), in which the property is located. This publication must
appear for 3 consecutive weeks, with the first publication date being at
least 20 days prior to the scheduled sale.