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Contract Series Paragraph 22b

George Clements ~ Greenville, SC Real Estate


The second part of pragraph 22 of the Contract For Sale looks something like this:


The following matters are excluded from mediation hereunder: (a) judicial or non-judicial foreclosure or other
action or proceeding to enforce a deed of trust, mortgage, or land contract; (b) an unlawful detainer action;
(c) the filing or enforcement of a mechanic’s lien; or (d) any matter which is within the jurisdiction of a probate
court. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment,
receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to mediate
under this provision, nor shall it constitute a breach of the duty to mediate.


This clause is fairly wordy and full of "lawyer talk."   While the first part of #22 gave examples of things that you could take to mediation, the second part gives examples of things that you can't take to mediation.  This paragraph states things like foreclosures and liens.  

I couldn't really find a good resource or link to point to for more information on this paragraph.  The best thing to do if you were to have questions on anything here is to contact a real estate attorney.  The link to in the last entry is the closest information I could find.

Comment balloon 0 commentsGeorge Clements • April 01 2008 04:21PM