As a Result of This Agreement, the Creditor May Be Able to Take Your Property or Wages If You Do Not Pay the Agreed Form
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People also ask
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What is the right to take possession of collateral until a debt is repaid?
This property right is called a "lien." In some sense a creditor who does not have a lien ‑‑ an unsecured creditor ‑‑ also has a right to look to the debtor's property (at least the debtor's non‑exempt property) for repayment of the debt, through the process of enforcement of judgments.
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What is an agreement with creditors?
An Individual Voluntary Arrangement ( IVA ) is an agreement with your creditors to pay all or part of your debts. You agree to make regular payments to an insolvency practitioner, who will divide this money between your creditors. An IVA can give you more control of your assets than bankruptcy.
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Which creates a lien against the property as security for the debt?
If the property has clear title, you'll likely sign a mortgage or deed of trust (or similar document) to provide security for the debt. The lender will then record the mortgage, which is called a "first mortgage," in the public land records to put a lien on the property.
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What assets can debt collectors take?
Debt collectors can only take money from your paycheck, bank account, or benefits—which is called garnishment—if they have already sued you and a court entered a judgment against you for the amount of money you owe.
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Are you obligated to pay if a creditor sells your debt?
Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.
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What is the most they can garnish from your paycheck?
For most types of debts, including credit card bills and medical expenses, creditors can garnish up to 25% of your disposable income (what's left after taxes and other mandatory deductions), or the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less.
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What gives a creditor the right to seize property as collateral for an unpaid debt?
Key Takeaways. A property lien is a legal claim on assets that allows the holder to obtain access to the property if debts are not paid. Property liens can be granted for repossessing property such as a car, boat, or even a house if the owner has defaulted on mortgage payments.
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Which document makes a property collateral for repayment of a debt?
A deed of trust, also called a trust deed, is the functional equivalent of a mortgage. It does not transfer the ownership of real property, as the typical deed does. Like a mortgage, a trust deed makes a piece of real property security (collateral) for a loan.
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