strict foreclosure

strict foreclosure
The foreclosure of a mortgage without a sale of the mortgaged property, being accomplished by a suit in equity and a decree rendered therein extinguishing the mortgagor's equity of redemption, such decree calling for payment of the debt secured within a reasonable period of time fixed by the court and further providing that upon failure of the defendant or defendants to make such payment within the time prescribed, all the right, title, and interest, both legal and equitable, of the defendant or defendants shall be vested absolutely and forever unconditionally in the plaintiff. 37 Am J1st Mtg § 529. In England and in some jurisdictions in this country, the rights of the vendor of land where the contract is executory may be enforced by a decree in the nature of a strict foreclosure. Such a decree has sometimes been called a decree for cancellation of the contract; time is given and, if it expires without the money being paid, the contract is canceled by the decree or judgment of the court, and the vendor again becomes the owner of the estate. 55 Am J1st V & P § 455.

Ballentine's law dictionary. . 1998.

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  • strict foreclosure — n 1: a proceeding in which the amount due on a mortgage is determined and a period of time within which it must be paid is fixed with the understanding that in the event of the mortgagor s default title will be vested in the mortgagee free of any …   Law dictionary

  • strict foreclosure — noun : a proceeding in equity that determines by decree the amount due on a mortgage, fixes a time within which the mortgagor debtor must pay it, and vests in case of his default absolute title in the mortgagee forever free of any right of the… …   Useful english dictionary

  • foreclosure — fore·clos·ure /fōr klō zhər/ n 1: a legal proceeding that bars or extinguishes a mortgagor s equity of redemption in mortgaged real property see also deficiency judgment at judgment, redeem …   Law dictionary

  • Foreclosure — For Lacan s psychoanalytic process, see Foreclosure (psychoanalysis). House in Salinas, California under foreclosure, following the popping of the U.S. real estate bubble. Foreclosure is the legal process by which a mortgage lender (mortgagee),… …   Wikipedia

  • foreclosure — /forklowzhsr/ To shut out, to bar, to destroy an equity of redemption. Anderson v. Barr, 178 Okl. 508, 62 P.2d 1242, 1246. A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage. The process by which a …   Black's law dictionary

  • foreclosure — /forklowzhsr/ To shut out, to bar, to destroy an equity of redemption. Anderson v. Barr, 178 Okl. 508, 62 P.2d 1242, 1246. A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage. The process by which a …   Black's law dictionary

  • foreclosure — /fawr kloh zheuhr, fohr /, n. Law. the act of foreclosing a mortgage or pledge. [1720 30; FORECLOSE + URE] * * * Legal proceeding by which a borrower s rights to a mortgaged property may be extinguished if the borrower fails to live up to the… …   Universalium

  • statutory foreclosure — n: a foreclosure in which a mortgagee or trustee executes a power of sale given in a mortgage or deed of trust and does so in accordance with statutory provisions compare strict foreclosure Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • statutory foreclosure — noun : a foreclosure that is instituted by a suit in equity and involves the satisfaction of the debt to the extent made possible by a sale of the mortgaged property distinguished from strict foreclosure …   Useful english dictionary

  • judicial foreclosure — A foreclosure in which the foreclosing party files a lawsuit in the county where the real estate is located, seeking a court judgment allowing the property to be sold at a foreclosure sale because the owner has defaulted on mortgage payments. A… …   Law dictionary

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