Definition of "Attachment"

Todd Lands real estate agent

Written by

Todd Landselite badge icon

Charles Reinhart Company

Typically, the legal term attachment refers to seizing a person’s property, being charged with debt, and giving it to the wronged creditor until the process is in motion.

Attachment seizes real estate as a preliminary measure.

A plaintiff will turn to a court of law when they claim that another person or agency owes them money. We call this party the defendant. The plaintiff will anticipate that the court will rule in their favor. Then, attachment comes into the picture. Attachment is a legal process defining the action of the (assumed) debtor’s taking property. 

Let’s take this one step further. The court will pass possession of the defendant’s (in our case, the debtor’s) particular property to the plaintiff (in our case, the creditor.) At the same time, the court of law may also rule to sell a specific property for the creditor’s profit or gain. All this will take place at the creditor’s request. 

In short, attachment in real estate means a legal term of the writ that authorizes the seizing of property or rights because of legal action. It was designed to protect the property in favor of the plaintiff.

Attachment and its real estate implications

Unpaid real estate debts can definitely trigger the ruling of an attachment, too. By all means, an attachment is only a preparatory procedure. Plaintiffs can get an attachment as a temporary countermeasure or solution. Consequently, authorities will take the property before the judge makes the final judgment. However, the seizure will turn out to be unreasonable or right if the defendant wins the case. 

Authorities can seize real estate, personal cars, and bank accounts as an attachment. Why does it happen without knowing the final rule? Because the judge considers that the plaintiff has an excellent chance to win this case. In addition, the judge will assume that the debtor is prone to disappear without settling their court-ordered debts. As a direct consequence of these assumptions, justice can order a preliminary ‘blow’ by seizing the defendant’s property.

We have all heard of offshore bank accounts. It’s a general practice to hide an unreported sum of money from the fiscal service agencies. To avoid this event, the judge will rule that they seize the debtor’s bank assets. Therefore, the defendant can’t transfer them to an offshore bank, for instance, the infamous Cayman Island. 

An additional consequence of this attachment is that the defendant can’t replace their possession of a valuable asset in someone else’s name and outside the court’s jurisdiction while the process is in motion. Also, the debtor will try to sell their valuables. By doing so, they can block the plaintiff from claiming the property in court. 

When an attachment of real property turns personal

Divorces with real estate at stake can turn ugly. For this reason, they use attachment in civil cases. One party can express concern that the other half will try to hide or ‘rescue’ their belongings from the court’s jurisdiction. A fraudulent debtor will transfer ownership over their fanciest property to leave their former partners financially damaged or broke.

The act of attachment is initially pro-plaintiff

The legislative body designed the concept of an attachment to oblige defendants to show up in court and face a plaintiff’s charges against them. A significant part of the procedure was inventing the attachment to give preliminary financial relief for the wronged creditors. 

Difficulties can emerge if the debtor has no other legal connection to the state where the plaintiff has submitted the claim but a specific real estate or other valuable in said state. Under such circumstances, the court can offer the plaintiff the property’s value found in the state as an attachment. The judge can’t order an attachment without a proper hearing first. 

Nonetheless, suppose the final ruling contradicts expectations. Then, the court must nullify the act of attachment and pay the defendant security for the financial losses caused by the taking of their property.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

An insurance policy that promises to pay all the legal obligations of the insured due to negligence in which damage to the property has been caused. ...

Structure that has the same blue print and design as all the other homes in a given development; the opposite of custom built. ...

The rate at which a market can absorb additional units of supply without causing market saturation and severe price distortions. For example, during a recessionary period, many homeowners ...

Right of a property owner located adjacent to an airfield to use the airspace above a certain distance to fly an airplane. However, the owner may not be allowed to put structures, signs or ...

Individual who will receive an inheritance upon the death of another. The proceeds of an insurance policy may be in a lump sum annuity. Real estate also passes to the beneficiary. ...

An insect, such as a termite, that "eats into" the wood and destroys it. This can cause significant damage to the home. Most states have laws that require termite inspection and ...

Final property appraisal estimate arrived at by applying appropriate appraisal methods. ...

Selling price for a property less assumed mortgages by the buyer. For tax purposes, the computation of the contract price is critical. ...

Codes are all around us, determining the logical flow of various events and processes. In the cycle of actions and consequences, codes are used as guidelines. The most commonly known codes ...

Popular Real Estate Questions