Gane?do Texas United States bankruptcy of real estate transactions

Gane?do Texas United States bankruptcy of real estate transactions

 · 据英国路透社及雅虎新闻网3月7日报道,索马里正在遭受旱灾,该国半数人口,大约至少万人受到影响。旱灾也导致严重食物短缺。 索马里总理哈桑・阿里・海尔在4日表示,索马里南部过去48小时内,约人因干旱导致的饥荒和腹泻丧命。 Mar 04,  · The Chapter 11 petition, filed Feb. 27 in U.S. Bankruptcy Court for the Southern District of Texas, lists estimated assets and liabilities of between $1 million and $10 Nancy Sarnoff. Examples of fraud that carry more severe penalties are creating counterfeit money or real estate fraud. Fraud carries a prison sentence when considered a criminal offense. Fraud falls under the jurisdiction of the state government, the federal government, or both. There are sentencing guidelines for fraud cases instituted by the Gane?do Texas United States bankruptcy of real estate transactions

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The prison sentence for fraud varies depending on the type of fraud committed and the state the fraud was committed in. A misdemeanor conviction can lead to jail time of up to a year, whereas felonies and federal fraud cases can involve years or even decades in prison. Fraud is using dishonest methods to benefit oneself.

There are many different types of fraud, especially financial fraud. Common types of fraud are using counterfeit checks or using another person's credit card information without permission.

Examples of fraud that carry more severe penalties are creating counterfeit money or real estate fraud. If written evidence of title to land has been filed outside the county in which the land is located or outside the state, a copy of the written evidence may be recorded in the county in which the land is located if:.

A grant from this state or the United States that is executed and authenticated under the law in effect at the time the grant is made may be recorded without further acknowledgement or proof.

The clerk shall index the record in a direct and reverse index under the name of each party to the proceeding.

B is not enforceable against a purchaser or lender described by Paragraph A iii , regardless of whether the purchaser or lender knew of the lis pendens action; and. Added by Acts , 81st Leg. The guarantee must equal twice the amount of the judgment sought and have two sufficient sureties approved by the court.

Not less than two days before the day the guarantee is submitted to the court for approval, the party seeking the cancellation shall serve the attorney for the party who recorded the lis pendens a copy of the guarantee and notice of its submission to the court. The master form must contain on its face the designation: "Master form recorded by name of person causing the recording. The reference must state:.

A statement in the mortgage or deed of trust or in a separate instrument signed by the mortgagor that the mortgagor received a copy of the master form is conclusive evidence of its receipt. On written request the mortgagee shall give a copy of the master form without charge to the mortgagor, the mortgagor's successors in interest, or the mortgagor's or a successor's agent. An instrument issued by the United States that redeems or evidences redemption of real property from a judicial sale or from a nonjudicial sale under foreclosure of a lien, mortgage, or deed of trust may be recorded in records of conveyances in each county in which the property is located if the instrument has been issued according to the laws of the United States.

A judgment of a court may be recorded if:. A expressly created or established under the constitution or laws of this state or of the United States;. B that is a court of a foreign country and that is recognized by an Act of congress or a treaty or other international convention to which the United States is a party; or. C of any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the Constitution of the United States; and.

Amended by Acts , 75th Leg. May 21, ; Acts , 77th Leg. If a transfer of a cause of action in which a judgment has not been rendered is filed, the clerk shall note and briefly state the substance of the transfer on the court docket at the place where the suit is entered.

A power of attorney may be recorded. B if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record; or. C if a mortgage is serviced by a mortgage servicer, the mortgage servicer. A person transmitting a payoff statement is considered the mortgage servicer for the mortgage described in the payoff statement.

A the unpaid balance of a loan secured by a mortgage, including principal, interest, and other charges properly assessed under the loan documentation of the mortgage; and. Production Credit Association v.

Kent, Me. Hence, if a chattel mortgage were involved in this matter rather than a conditional sales contract, the position of the trustee in bankruptcy would be correct. After stating that a mortgage is not valid "against any person other than the mortgagor" unless and until recorded within 20 days from its date of execution, the chattel mortgage statute reads as follows:. Without this provision, it would appear that a chattel mortgage would be absolutely void against all creditors, if it were not recorded within twenty days.

Apparently for this reason, the legislature delineated the status of chattel mortgagees and third persons where there was a recording beyond the twenty day period, specifying against whom the contract would be valid. As the provision reads, it is plainly inferable that the legislature intended to distinguish between subsequent attachments "based upon causes of action arising subsequent" to the recording and those arising prior to the recording of the contract.

And the Maine Court, interpreting this provision strictly, concluded that creditors with claims arising prior to the recording were not excluded from taking advantage of the late recording.

Kent, supra. Similar provisions, however, do not exist in the conditional sales statute. It does not specify any time within which a contract must be recorded in order to be valid against other creditors. Nor is there any special mention of the status of attaching creditors who attach subsequent to the date of recording or of the significance of whether their attachments are based upon causes of action arising prior or subsequent to the date of recording. By itself, the difference in the statutes does not resolve the pending issue because other jurisdictions, under statutes which do not specifically prescribe the status of creditors, have determined that a delinquent recording of a chattel mortgage is ineffectual against prior creditors.

Karst v. Gane, N. Martin, N. Chapman, Mo. Such decisions are not inconsistent with the result reached in Production Credit Association v. The leading authority in this regard is Karst v. Gane, supra. Like the Maine conditional sales act, the New York chattel mortgage statute does not specify the time within which the mortgage should be recorded. In aid of the interpretation, the New York court utilized the object and purpose of the statute, as indicated in the act itself, and decided that it contemplates a recording within a reasonable time in order for the contract to be valid.

The Court concluded that a recording beyond a reasonable time was delinquent and did not restore the validity of the mortgage against creditors whose debts were in existence during the default in filing the mortgage, the theory being that they were lulled into a false sense of security by the delay. The statute merely provides that the contract remains invalid unless recorded.

Without any reference to a time limitation, either by its explicit terms or implied purpose, it would seem that the legislature intended to provide the conditional sales vendor an indefinite time in which to record his contract.

Comparing the two Maine statutes, it is inconceivable that a tardy recording would render the contract absolutely void, both as to antecedent and subsequent creditors. Because, were a contract totally invalid if recorded beyond a reasonable time after its execution, the legislature undoubtedly would have stated the effect of a delinquent recording, as it did in the chattel mortgage statute regarding recordings after the twenty day period. Moreover, a survey of Maine decisions reveals that during the period that the contract remains unrecorded, any third person may treat the conditional sales purchaser as the owner of the property.

Gould v. Huff, Me. Pate, Me. Lazarovitch, Me. There is no restriction as to the beneficiaries who are protected by the act, and the interests acquired by them are superior to the claims of general creditors and also rights of the conditional sales vendor.

Maine Acceptance Corp. Sheehan, Me. Sullivan, Me.

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