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Legal Definitions - inverse-order-of-alienation doctrine
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Definition of inverse-order-of-alienation doctrine
The inverse-order-of-alienation doctrine is a legal principle that states that if a mortgage or lien on a property has not been collected, the creditor can collect the debt from the parcels of the property in reverse order of their sale. This means that the creditor can first collect from the parcel still owned by the original owner, then from the parcel sold last, and so on until the debt is satisfied.
For example, if a property was sold in three parcels and the creditor has not collected on the mortgage, they can first collect from the parcel still owned by the original owner, then from the parcel sold last, and finally from the parcel sold second to last.
This principle is also known as the rule of marshaling liens and is commonly used in mortgage and lien cases.
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Simple Definition
Inverse-Order-of-Alienation Doctrine: This is a rule that says if someone hasn't been paid for a property that was sold in parts, they can collect the money from the original owner's remaining property first, then from the last piece of property sold, and so on until they get all the money they are owed. It's like a game of musical chairs, but with property and money instead of chairs and people.
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