A Motion to sell property free and clear is a legal document that conveys ownership of real estate to a buyer, free of any debts or encumbrances. This type of motion is typically used in real estate transactions when a buyer wishes to purchase a property from a seller without taking on any of the seller’s existing financing obligations or liens. The motion must be approved by a court before it is enforceable. Depending on the jurisdiction, there are several types of motion to sell property free and clear, including: quitclaim deed, limited warranty deed, special warranty deed, and general warranty deed.
Motion to sell property free and clear
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Motion to sell property free and clear
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A sale free and clear transfers the disputed lien or interest from the property to the proceeds of the sale. Review the motion to sell free and clear of liens under to determine if it: â–¡ Is signed;.This document allows you to protect some of your property from being used to pay the judgment. The trustee or DIP may sell real property pursuant to 11 USC 363 (b). (sales other than in the ordinary course of business), or pursuant to 11 USC. Appendix 2F Notice of Motion to Sell Property of the Estate. If a homeowner holds their property free and clear, they could make seller financing an option to potential buyers in order to complete the deal. 11020-11027 Pre-Petition Claim for Priority Unsecured Taxes . With a land contract, the buyer does not get full ownership of the property. On September 30, 2013, Hudson filed a motion in the bankruptcy court seeking to enjoin Prime from pursuing the state court litigation.