Los Angeles California Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor

State:
Multi-State
County:
Los Angeles
Control #:
US-00727BG
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Description

An accord and satisfaction is a method of discharging a contract by substituting for the contract an agreement for its satisfaction and the execution of the substituted agreement. The accord is the agreement. The satisfaction is the execution or performance of the agreement.



In this form, Creditor agrees to secure a new mortgage loan secured by a mortgage or deed of trust on certain real property owned by Debtor. In the event that Creditor does secure a new mortgage loan, all moneys received by Creditor, over and above the existing secured indebtedness on the premises and over and above the expenses of obtaining a mortgage loan, will be credited to the account of Debtor. In the event that Creditor is able to obtain a new mortgage loan secured by the premises in an amount that would exceed the debt owing Creditor by Debtor, Creditor will refund to Debtor the excess amount. Creditor agrees that, after a mortgage loan has been secured on the above-described property, Creditor will immediately convey the property to Debtor for the sole consideration of the assumption by Debtor of the indebtedness secured by the property.



Until such time as a new mortgage loan is secured on this property, Creditor will rent the property to Debtor for a sum that will equal the monthly payments due on the existing mortgage loan.


Los Angeles California Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor is a legal document that outlines the terms and conditions of refinancing a debtor's property in order to settle an outstanding debt with a creditor. This agreement is created to provide a resolution to a financial dispute between the debtor and creditor, allowing the debtor to transfer ownership of the property to the creditor as a form of payment. Keywords: — Los Angeles: This refers to the location where the agreement is being conducted, Los Angeles, California. It is essential to mention the specific jurisdiction to clarify the geographical scope of the agreement. — California: This keyword indicates the state in which the agreement is being executed. State laws and regulations regarding property transfers and creditor-debtor relationships can vary, so specifying the state helps ensure compliance. — Agreement for Accord and Satisfaction: This phrase highlights the purpose of the agreement. Accord and Satisfaction is a legal term that signifies the resolution of a debt dispute through the acceptance of a substitute performance or consideration. This agreement outlines the terms and conditions for such a resolution. — Refinancing: Refinancing refers to the process of obtaining a new loan to pay off an existing debt, typically with better terms or conditions. In this case, the debtor intends to refinance their property to settle the debt owed to the creditor. — Debtor's Property: This term represents the property owned by the debtor and subject to refinancing. It could include real estate, such as a house or land, or other valuable assets as agreed upon by the parties involved. — Creditor: The creditor is the individual or entity to whom the debt is owed. In this agreement, the creditor takes ownership of the debtor's property as a form of settlement for the outstanding debt owed. Different types of Los Angeles California Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor may include variations in terms, conditions, and specific situations. Some potential types could be: 1. Residential Property Refinancing Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor: This agreement specifically focuses on refinancing a debtor's residential property, such as a house or apartment, to settle the outstanding debt with the creditor. 2. Commercial Property Refinancing Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor: This agreement is tailored for refinancing a debtor's commercial property, such as office space, retail store, or warehouse, to satisfy the debt owed to the creditor. 3. Vacant Land Refinancing Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor: This type of agreement pertains to situations where the debtor's primary property is vacant land, and the debtor intends to refinance it to settle the debt with the creditor. These are just a few examples of the potential types of Los Angeles California Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor, depending on the specific circumstances and nature of the property involved.

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FAQ

Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.

Accord and satisfaction deals with a debtors offer of payment and a creditors acceptance. of a lesser amount than the creditor originally purported to be owed. It is a method of discharging a claim by settlement of the claim and performing the agreement.

An accord is an agreement where one of the parties agrees to accept something different from the amount believed owed in order to settle a disputed claim. The satisfaction is the execution or acceptance of this agreement, and once satisfaction occurs, the previous contract is extinguished.

Which of the following is true regarding an accord and satisfaction? When amounts agreed upon are paid, the debt is fully discharged.

The check must have a clear and noticeable statement that the check is offered in full satisfaction of the debt before an accord and satisfaction may be established. The statement must be conspicuous so that a reasonable person either noticed it or should have noticed it.

554, 561 (2001), for the rule that three elements must exist for there to be an accord and satisfaction: (a) there must be a (good faith) dispute about the existence or extent of liability, (b) after the dispute arises, the parties must enter into an agreement in which one party must agree to pay more than that party

An accord and satisfaction discharges an existing debt. In all substituted contracts there must be an agreement among three parties where a new promise is substituted for an existing promise or a new promisor is substituted for an existing promisor.

Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

Key Takeaways. An accord and satisfaction is a new agreement that suspends the terms of an existing agreement in favor of a new one. The accord is the agreement on the new terms of the contract, and the satisfaction is the performance of those terms according to the agreement.

An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. Accord and satisfaction is also used to settle legal claims prior to bringing them to court.

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Chapter 13 enables families to get caught up on house and car loans while it provides a mechanism for repayment of unsecured debt. Ch 13: individual: keeps property; works a plan with creditors for payment over time.Antos, 2017 WL 4286126 (E. D. La. 2017) – A lender had a security interest in the debtor's right to payment under a settlement agreement even though the. In the reorganized debtor to an insider while leaving an objecting creditor unpaid. In re Castleton Plaza, LP, __ F.3d __, 2013 WL 537269 (7th Cir. Feb. Consent provision in a debtor's LLC agreement, the sole purpose and effect of which was to grant a creditor the right to. De la Cruz, 523 U. S. 213, 219–220. Completing the bankruptcy process. Is unsatisfied portion of debt satisfied?

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Los Angeles California Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor