Free preview Agreed Judgment of Forfeiture
Free preview
Agreed Judgment of Forfeiture
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Forfeiture. A foreclosure action extinguishes any claim the mortgagor may have to the real property securing a defaulted loan, whereas a forfeiture refers generally to the loss of a right to something as a result of nonperformance of an obligation or condition.
Forfeiture, under the terms of a contract, refers to the requirement by the defaulting party to give up ownership of an asset, or cash flows from an asset, as compensation for the resulting losses to the other party.The process of forfeiture often involves proceedings in a court of law.
Forfeiture is a means for a landlord to terminate a lease, in the event of some default by the tenant.
Invariably, a lease will contain a provision that in the event the rent is not paid, or some other covenant is breached, then the lease can be brought to an end by the landlord. The impact of this on the lease is that legally it no longer exists.
If no third party files a timely petition, the preliminary order becomes the final order of forfeiture if the court finds that the defendant (or any combination of defendants convicted in the case) had an interest in the property that is forfeitable under the applicable statute.
Bail bond forfeiture results when a court appearance is missed, and the company or person who put up the bond is required to pay the defendant's outstanding bail amount.A forfeited bond becomes the property of the jurisdiction overseeing the case, and it cannot be refunded.
The term money judgment is used to describe a particular kind of directly forfeitable property. It is a short-hand way of describing the defendant's continuing obligation to forfeit the money derived from or used to commit his criminal offense whether he has retained the actual dollars in his possession or not.
It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture.
Forfeiture refers to a loss of any property, money, or assets without consideration or compensation in return. A forfeiture generally occurs due to default in complying with repayment obligations under a contract. It can also be used as a penalty for an illegal way of conducting business.