Also known as: proceeds against · proceeded against · proceeding against
Written by attorneys · grounded in primary & secondary sources — see below
A legal claim or action pursued against a designated party in a specified capacity or to a specified extent. The phrase identifies the target of enforcement and the limits on personal or fiduciary exposure when a mortgagee, creditor, or prosecutor elects to enforce an obligation.
Pinnacle Holdings conveyed mortgaged land to Patriot Insurance while remaining personally liable on the note. After default, the mortgagee elects to proceed against Pinnacle Holdings personally to the extent of its pre-transfer liability rather than foreclosing first.
A supplier contracts with a trustee for trust-related services. When payment is refused, the supplier asserts its contract claim in a judicial proceeding against the trustee in the trustee's fiduciary capacity even though the trustee bears no personal liability.
Select any source to read its text and confirm it supports the definition.
Preston Pratt faces trial in a district saturated with adverse publicity. Pratt moves the court to transfer the proceeding against him to another district because the level of prejudice prevents an impartial trial.
Patriot Insurance assumed the mortgage obligation when it took title from Pinnacle Holdings. After default the mortgagee elects to proceed against Patriot Insurance personally to the extent of its liability under the assumption agreement.
Pinnacle Holdings transferred the mortgaged property without assumption by the buyer. After foreclosure the mortgagee elects to proceed against Pinnacle Holdings personally to the extent of its remaining liability for any deficiency.
After foreclosure sale of the property transferred by Pinnacle Holdings, the mortgagee elects to enforce the mortgage and thereafter to proceed against Pinnacle Holdings personally for any deficiency to the extent of its liability.
Yes. The original mortgagor remains personally liable on the secured obligation to the extent that liability existed before the transfer. The mortgagee may therefore proceed against the transferor personally for that amount even after the property has been conveyed.
Supporting sources
Yes. A claim arising from a contract entered into by the trustee in a fiduciary capacity may be asserted against the trustee in that fiduciary capacity whether or not the trustee is personally liable.
Supporting sources
The defendant must show that prejudice against the defendant in the transferring district is so great that an impartial trial cannot be obtained there. Upon such a showing the court must transfer the proceeding against that defendant.
Supporting sources
Yes, but only to the extent of the transferee's liability under the assumption agreement. The mortgagee may therefore proceed against the transferee personally for that amount upon default.
Supporting sources
Yes. The mortgagee may enforce the mortgage and thereafter proceed against the transferor personally for any deficiency to the extent of the transferor's liability.
Supporting sources
…Carta provided, “No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.” Magna Carta, ch. 39, in A. Howard, Magna Carta: Text and Commentary 43 (1964). Although the 1215…