After reading this chapter, you will be able to answer the following questions: How can liens assist creditors? What are the various kinds of statutory liens available to creditors? What are the various kinds of judicial liens available to creditors? How does mortgage foreclosure assist creditors? What is a creditors’ composition agreement for the benefit of creditors? What is an assignment for the benefit of creditors? What are suretyship and guaranty contracts?
Chapter 31 Other Creditors’ Remedies and Suretyship Copyright © 2015 McGrawHill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGrawHill Education Lien (Definition): Claim to property (or proceeds of sale of property) 312 Types of Liens Consensual Lien: Secured interest in property created by agreement of parties Statutory Lien: Claim to property created through statute Mechanic’s Lien: Claim on real property Artisan’s Lien: Claim on personal property 313 Types of Liens (Continued) Judicial Lien: Legal action whereby creditor seize debtor’s property to satisfy debt Attachment: Courtordered judgment permitting local court officer to seize debtor’s property Writ of Execution: Document authorizing law officer to seize debtor’s nonexempt property Garnishment: Order that satisfies debt by seizing debtor’s property that is being held by third party (such as bank or employer) 314 Exhibit 312: Other Types of Liens Attorney’s Lien: Right of attorney to keep client’s money/possessions until client pays debt Broker’s Lien: Claim to property by real estate broker for commission Common Law Lien: Claim to property by implication of law (rather than statute) Consummate Lien: Lien of judgment that arises when motion for new trial denied Equitable Lien: Claim on property either created by sales contract, or imposed by court to ensure fairness Innkeeper’s Lien: Claim on baggage of guests who stay at inn and are unable to pay bill 315 Exhibit 312: Other Types of Liens (Continued) Landlord’s Lien: Claim on furniture and property in apartment by landlord Maritime Lien: Claim on vessel for service made to vessel Medicare Lien: Hospital’s claim to medical benefits paid under Medicare Act Possessory Lien: Claim to property representing lienholder’s right to be in possession of property until debt paid Tax Lien: Claim against taxpayer’s property for unpaid taxes Vendor’s Lien: Vendor’s claim to land for unpaid purchase price of land 316 Mortgage Foreclosure (Definition): Foreclosure and sale of mortgaged property to pay debt 317 Assignment for Benefit of Creditors (Definition): Transfer of title of property to trustee, who sells property to pay creditors on prorata basis with proceeds of sale 318 Suretyship and Guaranty Contracts Suretyship: Contract between creditor and third party who agrees to pay another person’s debt, and is primarily liable for debt Guaranty: Third party (usually called “guarantor”) who must pay debt only after debtor has defaulted, and is secondarily liable for debt 319 Defenses of Surety and Guarantor Statute of Frauds Discharge from debt Bankruptcy Debtor’s fraud 3110 Rights of Surety and Guarantor Right to Subrogation: Surety/guarantor entitled to all rights creditor had against debtor Right to Reimbursement: Surety/guarantor can recover actual amount of debt paid to creditor, plus legal expenses against debtor Right of Contribution: Other sureties/guarantors must pay their equal shares 3111 ... property to pay creditors on prorata basis with proceeds of sale 318 Suretyship and Guaranty Contracts Suretyship: Contract between creditor and third party who agrees to pay another person’s debt, and is primarily liable for debt... Innkeeper’s Lien: Claim on baggage of guests who stay at inn and are unable to pay bill 315 Exhibit 312: Other Types of Liens (Continued) Landlord’s Lien: Claim on furniture and property in apartment by landlord Maritime Lien: Claim on vessel for service made to vessel... Tax Lien: Claim against taxpayer’s property for unpaid taxes Vendor’s Lien: Vendor’s claim to land for unpaid purchase price of land 316 Mortgage Foreclosure (Definition): Foreclosure and sale of mortgaged property to pay debt 317 Assignment for Benefit of