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Let's say Reuven owes Shimon $1000 (because of a loan). Reuven then sells his only piece of land (that happens to be worth $1000) to Levi. This land in Levi's possession is now considered a נכס משעובד of Reuven's, as it was an implicit collateral at the time of the loan. If Reuven now cannot pay back his $1000, Shimon has the right to come seize Levi's new property.

Levi obviously isn't too happy about losing out on his $1000 property. What can he do about it?

I'm looking for an answer within either halacha, or whatever civil law or customs were followed in Biblical and/or Talmudic times.
Nowadays it seems that people buy insurance against this sort of thing. Perhaps they did this back then also? Or perhaps people would write in the contract that they did not have outstanding debts at the time of the sale, and if they were lying the whole thing could be nullified?

  • One can only collect from meshubadim when there was a shtar such that the lien was presumably known about (kol). Generally, he can get his money back from the seller. – Loewian Feb 14 '16 at 1:03
  • I suppose that begs the question of what was a shtar used for? Were they public or private records? – Scimonster Feb 14 '16 at 6:06
  • I suppose that once commissioned by a local sofer, word-of-mouth spread about the loan, since it was relevant with regard to local real-estate ownership... – Loewian Feb 14 '16 at 6:29
  • (I do believe I did come across a gemara in gitin discussing what sounded like an insurance policy for seized land. Plus there is definitely the option of buying land with or without achrayus.) – Loewian Feb 14 '16 at 6:31
  • Levy is not supposed to ignore that the property is Meshuabad. And the price diminue in function of that. – kouty Feb 14 '16 at 15:04

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