Easily Remove Cross to the Hypothec On Movables

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How to Remove Cross to the Hypothec On Movables

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hi my name is eric olson executive director of helps non-profit law firm um this brief video is going to address the question um can i sell a home and have a judgment removed uh without thats a lien on the home without having to file bankruptcy uh let me give the example um since we deal with seniors primarily um that are on social security lets say youre a senior your age is 65 youve got a property that you owe maybe 30 000 on and its worth 150 000 you have a property in another state where you want to move to and put a treader house on it um so the property where you live youve got a an equity in that property of what seventy 70 170 plus 50 would be 120 000 because youll deal 30 and its worth 150 um and the homestead exemption in the state in that state where you have your home is 150 000. therefore the amount of equity you have in that home 130 000 is less than what the homestead exemption is for that state um but someone sued you and they have a judgment against you lets s

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What is the meaning of the word hypothec?

hypothec. hə̇ˈpthik, hīˈ- plural -s. Roman civil law : an obligation, right, or security given by contract or by operation of law to a creditor over property of the debtor without transfer of possession or title to the creditor compare pignus, pledge.

What is a hypothec in South Africa?

The hypothec secures the lessees obligation to pay the rent in terms of the agreement of lease. It does this by allowing the landlord to burden the movables present on the leased land or while in transit to a new destination subsequent to the removal from the land.

What is the hypothec clause?

The landlords hypothec is a common law protection remedy landlords can use to collect rental arrears from tenants. This provision allows a landlord to sell the tenants movable goods that are on the leased premises if the tenant fails to pay the rent.

What is the difference between a hypothec and a pledge?

Whereas a pledge operates by bailment and transfers possession on delivery and a chattel mortgage operates by conveyance and transfers title, a hypothec operates by hypothecation and transfers neither possession nor title.

What is the meaning of tacit hypothec?

A landlords tacit hypothec gives the landlord a limited real right in movable property found in the leased premises when the rent is due but has not paid. It is called a tacit hypothec because it does not come into existence by agreement between the landlord and the tenant but by operation of the law.

What are my rights as a tenant in South Africa?

First and foremost, tenants in South Africa have the right to live in a property that is safe and in good condition. This means that the landlord is responsible for making sure the property is free from any hazards or defects that could affect the tenants health or safety.

What is movable hypothec?

A movable hypothec with delivery is also called a pledge. The concept is simple: a movable hypothec is created when the debtor delivers the property to the creditor. If the creditor already has the property, the hypothec is created when the debtor agrees to let the creditor keep it.

What is a hypothec tacit?

The landlord of immovable property has a tacit hypothec (a right of retention) over the movable property of the lessee which is present on the leased premises. This hypothec is to secure the payment of outstanding rental by the lessee.

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