What does executory process mean?

Executory process is an accelerated procedure whereby a mortgage creditor may provoke a sale of the encumbered property to satisfy his mortgage.

What is executory process in louisiana?

The process will most likely be an “executory proceeding.” This type of proceeding allows a lender to seize and sell a home without going through the steps that are typically part of a judicial foreclosure. Ordinary judicial foreclosures are also possible in Louisiana, but not as common.

How long does Louisiana foreclosure take?

It depends on the court’s schedule, how many times the sheriff had to be dispatched before finally serving you with the papers and other factors, but typically takes 60-90 days to sell your home in a foreclosure sale.

Does Louisiana allow deficiency judgments?

Deficiency Judgments Are Allowed in Louisiana Foreclosures. In Louisiana, the lender can get a deficiency judgment with either an executory proceeding or ordinary proceeding. convert the executory proceeding into an ordinary proceeding, or. file a separate suit for a deficiency.

What does executory mean in law?

Something (generally a contract) that has not yet been fully performed or completed and is therefore considered imperfect or unassured until its full execution. Anything executory is started and not yet finished or is in the process of being completed in order to take full effect at a future time.

What is the difference between an executed and executory contract?

1) Executed and Executory Contracts – An executed contract is one that has been fully performed. Both parties have done all they promised to do. An executory contract is one that has not been fully performed. Something agreed upon remains to be done by one or both of the parties.

Is Louisiana a deficiency state?

There is no anti-deficiency law in Louisiana; deficiency judgments are allowed in the state. Ordinary judicial foreclosures. In an ordinary judicial foreclosure in Louisiana, the bank files a civil lawsuit against the borrower and the suit goes through the regular litigation process.

What is executory contract with example?

The best example of an executory contract is that of a lease. All the conditions of a lease cannot be fulfilled immediately. They are performed over time. Similarly, say Alex decides to tutor some students in Physics. They pay her Rs 2500/- at the start of the month.

What is the legal definition of an executory?

EXECUTORY. Whatever may be executed; as an executory sentence or judgment, an executory contract. A Law Dictionary, Adapted to the Constitution and Laws of the United States.

When does an executory contract need to be executed?

An executed contract is a contract that is fully legal immediately after all parties involved have signed, and the terms must be fulfilled immediately. With an executory contract, the terms are set to be fulfilled at a future date.

What does an executory process mean in Louisiana?

Ordinary process operates as an ordinary lawsuit in Louisiana. “Executory process” is a legal term for what happens when a mortgage company (or lender) sues the borrower in court to take back its property. This happens when the borrower defaults on the mortgage (fails to pay).

When does a court order the executory process?

Upon filing the lawsuit, the court can then enter an order for the issuance of executory process. Once the court orders the issuance of executory process, the borrower is served with a demand for payments that are due and unpaid on the loan.

Which is the best definition of the executory process?

Executory Process Law and Legal Definition. Executory process is an accelerated procedure whereby a mortgage creditor may provoke a sale of the encumbered property to satisfy his mortgage. The law has surrounded executory process with safeguards so as to provide protection to the debtor. In Thermo Credit L.L.C. v. CentricVoice, Inc., 2008 U.S.

Is there such a thing as an executory contract?

An executory contract is a contract that has not yet been fully performed or fully executed. It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such obligation is material, does not usually make a contract executory.

Is the word executory in the Merriam Webster Dictionary?

Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback . “Executory.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/executory. Accessed 11 Jun. 2021.

Who is typically named the executor of a will?

Who Is Typically Named an Executor? In most cases, the executor of a will is going to be the deceased person’s spouse, especially if their estate is being left to the spouse, according to Morgan. If the estate is going to the children, then the child getting the majority of the property will be named executor of a will.