Middlesex Massachusetts Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor

State:
Multi-State
County:
Middlesex
Control #:
US-00727BG
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Word
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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.


Middlesex Massachusetts Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor is a legal document specific to Middlesex County in Massachusetts. It outlines the terms and conditions for resolving a debt through refinancing the debtor's property in the name of the creditor. This agreement helps both parties come to an accord and satisfaction, ensuring the debt is settled and the creditor receives the necessary collateral. The Middlesex Massachusetts Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor serves as a comprehensive contract defining the rights and responsibilities of both the debtor and the creditor involved in the refinancing process. It includes various clauses and provisions to protect the interests of both parties. Some possible types of Middlesex Massachusetts Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor include: 1. Residential Property Refinancing Agreement: This type of agreement specifically focuses on refinancing residential properties, such as houses or apartments. 2. Commercial Property Refinancing Agreement: This agreement is designed for refinancing commercial properties, including office buildings, warehouses, or retail spaces. 3. Land Refinancing Agreement: This specific type of agreement applies to refinancing undeveloped land or plots. 4. Mixed-Use Property Refinancing Agreement: For properties that have a combination of residential and commercial uses, this agreement covers refinancing options for such mixed-use properties. In summary, the Middlesex Massachusetts Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor is a legally binding document that provides a framework for debt resolution through refinancing. It offers protection and outlines the responsibilities of both the debtor and the creditor in the Middlesex County area of Massachusetts. Consider consulting with a legal professional for further guidance on drafting or utilizing such an agreement.

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FAQ

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.

In law, in order that payment may extinguish the obligation, it is necessary that it be made at a proper time and place, in a proper manner, and by and to a proper person.

A creditor agreement is a contract concluded between the debtor and all the creditors. This agreement pays for some part or a percentage of each debt, and the debtor receives a final discharge for the remaining amount due. The debtor can make a new start and the creditors receive their payments immediately.

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.

Accord and satisfaction. agreement for payment (or other performance) between two parties, one of whom has a right of action against the other. after the payment has been accepted or other performance has been made, the accord and satisfaction is complete and the obligation is discharged. consideration.

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

When an accord and satisfaction is reached to discharge a debt, the creditor still receives some payment of the debt, while the debtor benefits from not being held to the full obligation.

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.

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.

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To trigger accord and satisfaction, the debtor must send payment in an amount less than what the creditor demands. The Existing Credit Agreement was scheduled to mature in May 2021.Obligations of Borrower under this Master Agreement and the other Loan Documents and to protect Lender's interest in the Mortgaged Property. SUPPLEMENTARY INFORMATION: List of Subjects in 16 CFR Part 444. Consumer credit contracts, Cosigner disclosures, Trade practices, Truth in. LEASE AGREEMENT BETWEEN METRO FOUR ASSOCIATES LIMITED PARTNERSHIP, AS LANDLORD AND SYSTEMS CONSULTING COMPANY, INC. Nonadministered property to the debtor when the case is closed. A judgment lien is one such roadblock to completing the transaction. Agent for the Debtors in the abovecaptioned cases. Lacking due to a cartel agreement not to provide coverage. 19.

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Middlesex Massachusetts Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor