Law Dictionary Definitions

foreclosure sale.See SALE.[Blacks Law 8th]

foreclosure decree. 1. Generally, a decree ordering a judicial foreclosure sale. 2. A decree ordering the strict foreclosure of a mortgage. [Cases: Mortgages 384. C.J.S. Mortgages § 694.][Blacks Law 8th]

foreclosure (for-kloh-zh<<schwa>>r). A legal proceeding to terminate a mortgagor’s interest in property, instituted by the lender (the mortgagee) either to gain title or to force a sale in order to satisfy the unpaid debt secured by the property. Cf. REPOSSESSION. [Cases: Mortgages 380.C.J.S. Mortgages §§ 490–491, 495, 690–691, 695, 697.] equitable foreclosure.A foreclosure method in…

foreclose,vb. To terminate a mortgagor’s interest in property; to subject (property) to foreclosure proceedings. [Cases: Mortgages 320.C.J.S. Mortgages §§ 490–491, 495, 559, 568.] “Should the mortgagor default in his obligations under the mortgage, the mortgagee will seek to ‘foreclose’, — i.e., ‘end’ or ‘close’ the mortgagor’s rights in the security. After taking the appropriate statutory…

forcible entry and detainer. 1. The act of violently taking and keeping possession of lands and tenements without legal authority. [Cases: Forcible Entry and Detainer 4.] “To walk across another’s land, or to enter his building, without privilege, is a trespass, but this in itself, while a civil wrong, is not a crime. However, if…

forcible entry. 1. The act or an instance of violently and unlawfully taking possession of lands and tenements against the will of those in lawful possession. 2. The act of entering land in another’s possession by the use of force against another or by breaking into the premises.*[Blacks Law 8th]

forcible detainer. 1. The wrongful retention of possession of property by one originally in lawful possession, often with threats or actual use of violence. 2.FORCIBLE ENTRY AND DETAINER(2).[Blacks Law 8th]

forcible,adj. Effected by force or threat of force against opposition or resistance. “[In the law of trespass, the] term ‘forcible’ is used in a wide and somewhat unnatural sense to include any act of physical interference with the person or property of another. To lay one’s finger on another person without lawful justification is as…

force-majeure clause.A contractual provision allocating the risk if performance becomes impossible or impracticable, esp. as a result of an event or effect that the parties could not have anticipated or controlled. [Cases: Contracts 309(1). C.J.S. Contracts §§ 520–522, 524.][Blacks Law 8th]

force majeure (fors ma-zh<<schwa>>r). [Law French “a superior force”] An event or effect that can be neither anticipated nor controlled. • The term includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars). — Also termed force majesture; vis major; superior force. Cf. ACT OF GOD; VIS…