Expert: Morgan Smith - 10/27/2011

Question
What exactly does ALIAS PRAECIPE FOR ORDER OF SALE mean? The reason I ask, I saw in the paper my brother's house was slated for foreclosure and I looked at the court records to see if there was some way I could help him and thats what the court docket says without any further details. Thank you.

Answer
Dear Chris,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about a legal term.  

I looked on WestLaw for the term alias praecipe and did not find it.  I did find praecipe and a writ of praecipe.  According to Black's Law Dictionary (9th ed. 2009), "praecipe" is Latin for command, and is a kind of writ ordering a defendant to do something.

My guess is that in your state that is fancy law language for an order to sell the property, and perhaps the alias provision is a way of saying "to whom it may concern" in the event that the bank doesn't know who lives in your brother's house.

I urge you and your brother to find an attorney licensed to practice law in your state and also consult with professional foreclosure assistance folks in your area for immediate specific help.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
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