“司法止赎”和“非司法止赎”分别指的是什么?英文如何翻译?

“司法止赎”和“非司法止赎”分别指的是什么?英文如何翻译?

被浏览
0

1 个回答

所谓止赎,是因贷款人无力还款,贷款机构强行收回其房子/抵押物。就像供房子,业主不幸失业了给不起月供,贷款机构就把房子收回拍卖,用以偿还剩余部分贷款。


司法止赎是指,在抵押合同中缺乏出售权条款(power of sale clause)的情况下,银行诉求法院来处理抵押物的止赎程序。


其英文为judicial foreclosure:

Judicial foreclosure refers to foreclosure cases that go through the court system. Foreclosure occurs when a home is sold to pay off unpaid debt. The procedure is carried out according to the laws of the jurisdiction in which the property is situated, which is almost always state law. Many states require foreclosures to be judicial, but in some states, foreclosures can be either nonjudicial or judicial.


非司法止赎是指,银行根据抵押贷款合同中的出售权条款(power of sale clause)来终止借款人的抵押物赎回权,这一止赎不涉及法院。


其英文为nonjudicial foreclosure:

Some jurisdictions allow lenders to foreclose property without getting a court order first. This is called a non-judicial foreclosure. Non-judicial foreclosure is only available for deeds of trust with power-of-sale clauses. They are not available for traditional mortgages. Where available, non-judicial foreclosures are heavily regulated. Generally, before foreclosing, lenders must give special notice to the property-owner. Afterwards, lenders must wait a specified time before auctioning off the property.


以下为相关双语示例,供参考:

A man owned property that he used as his residence. The man received a loan, secured by a mortgage on the property, from a bank. Later, the man defaulted on the loan. The bank then brought an appropriate action to foreclose the mortgage, was the sole bidder at the judicial sale, and received title to the property as a result of the foreclosure sale.

一名男子有一处房产,供自己居住。这名男子将该房产抵押给银行,获得了一笔贷款。后来,该男子违约,未支付贷款。银行通过司法止赎程序对该房产进行了拍卖,以取消该房产的赎回权;拍卖会中,银行是的唯一投标人,并通过止赎售卖获得该房产的所有权。


Shortly after the judicial foreclosure sale, the man received a substantial inheritance. He approached the bank to repurchase the property, but the bank decided to build a branch office on the property and declined to sell.

在该房产司法止赎出售后不久,男子获得了一笔可观的遗产。于是男子向银行申请赎回房产,但银行决定在该房产上建一个分行,拒绝出售。

推荐标签
换一换
推荐专题
换一换
旗渡客服