Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Alaska Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
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How to fill out Complaint Or Petition By Purchaser Against Possessor Of Real Property After A Foreclosure Sale Pursuant To A Deed Of Trust?
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FAQ
Alaska borrowers do not have a post-sale right of redemption unless the deed of trust expressly gives them this right.
Some states also provide foreclosed borrowers a redemption period after the foreclosure sale, during which they can buy back the home. But under Alaska law, a foreclosed borrower doesn't get the opportunity to redeem the home following the sale unless the deed of trust expressly gives a right of redemption.
There are no rights for redemption in Hawaii once the foreclosure is completed. In the case of a judicial foreclosure, the lender can file a lawsuit against the borrower for a deficiency unless a ruling was made by the court regarding deficiency when the foreclosure was finalized.
The owner of the equity of redemption may redeem the property up until a short time before the sale by paying the plaintiff its debt, fees and costs. If a bonifide buyer is obtained and a valid contract of sale entered into, the court often opens the judgment and postpones the sale upon proper motion.
Types of Foreclosures in Alaska Once the courts declare a judicial foreclosure, the property is auctioned off, allowing lenders to recover as much money as possible as recompense for the loan. In a judicial foreclosure, the borrower does not have any redemption rights but deficiency suits are allowed.
