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English translation: enforcement against a share
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| 21:48 Dec 15, 2017 |
| Polish to English translations [PRO] Law/Patents - Law: Contract(s) / pojecie | |||||||
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|  Selected response from: Grzegorz Mysiński Poland Local time: 18:26 | ||||||
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| 3 +1 | enforcement against a share |
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| 3 | enforce a judgement lien on a partial/fractional real estate interest |
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Answers
19 mins confidence: 
peer agreement (net): +1
peer agreement (net): +1enforcement against a share Explanation: propozycja Example sentence(s):
Reference: http://www.rlb-law.com/briefings/litigation-dispute-resoluti... Reference: http://www.fullertonlaw.com/enforcement-of-judgment |
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Notes to answerer
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7 hrs confidence:
enforce a judgement lien on a partial/fractional real estate interest Explanation: Court judgments are not self-enforcing. Solvent or honest debtors will want to pay soon after judgment is entered. (...) If the judgment debtor does not voluntarily pay the judgment, however, it is up to the judgment creditor to enforce. A judgment is not self-enforcing. The judgment creditor does now have the "aide of the court" and the ability to use various judgment enforcement techniques such as attachments and garnishments. All enforcement techniques involve locating assets of the debtor, attaching the judgment as a lien on those assets, and then liquidating or selling those assets for cash to satisfy the judgment. (...) When property has multiple owners, there are various types of joint ownership. The deed conveying the property into the current owners will normally dictates the type of ownership. The deed or bill of sale will normally say "seller grants and conveys the described real estate to Mr. Smith and Mr. Jones as tenants in common," or "as tenants by the entirety," or "as joint tenants." The normal or default manner of multiple ownership is "tenancy in common." If two people own a property and no legal papers say how they hold title, then they are tenants in common. Tenants in common each own one half of the property, unless the deed describes some other percentage of ownership or there is some type of outside agreement. Each tenant owns one half "undivided interest" in the property. If you obtain a judgment against just one of the property owners, your judgment will attach to the one half undivided interest of your judgment debtor. You could then foreclose on your judgment lien and sell the one half undivided interest at a foreclosure auction. The purchaser at the auction would then own a one half undivided interest in the property, together with the other non-debtor owner. http://www.fullertonlaw.com/enforcement-of-judgment# |
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