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interpreting a legal description
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Topic: interpreting a legal description (Read 11443 times)
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worldjohn
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Posts: 180
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interpreting a legal description
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on:
September 03, 2012, 11:25:37 PM »
What does it usually mean when there is an execution in the legal description? can someone give me examples of what they usually mean. Generally should I avoid properties that have an execution in the legal description? Here's an example from the carling tax sale
S/T EXECUTION 09−0000089, IF ENFORCEABLE
anyone know what this one is?
Ive been out of the game for a while and now getting back into it. I have a feeling I should probably know this but if I did know, Ive forgotten.
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Dave2
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Posts: 1340
Karma: 67
Re: interpreting a legal description
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Reply #1 on:
September 04, 2012, 01:32:39 AM »
worldjohn:
Welcome back. You might even have good hunting this fall as it looks like a number of the regulars will be on the sidelines for one reason or another.
As a general principle avoiding executions is probably a good idea because in a few words this is the way the crown claims against a tax sale property and a crown claim survives the sale.
The area is complex and as a starting point I will make a couple of general statements before I let some of the more experienced and legally knowledgeable members of the board way in.
There are three forms of executions:
a) The criminal one in which it involves the carrying out of a death sentence.
(This does not apply)
b) In civil law there are two general forms in which property is involved:
1) First in sentlement of a monetary debt usually as a result of a court action whereby an official, usually a sheriff, is directed by an appropriate judicial writ to seize and sell as much of a debtor's nonexempt property as is necessary to satisfy a court's monetary judgment.
2) With respect to contracts, the performance of all acts necessary to render a contract complete as an instrument, which conveys the concept that nothing remains to be done to make a complete and effective contract.
c) Historically there was another form called a body execution Under this writ, the sheriff arrests and imprisons the defendant until the defendant satisfies the judgment or is discharged from doing so That is on longer allowed.
Obviously the B) options are the ones to be concerned about and not all do you have to worry about acept those from the crown. At this point having done the background I will turn it over to some smarter members of the board.
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