Special Report on
Clogging the Equity of Redemption
Clogging the Equity of Redemption - Trends
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has been the perceived lack of support and attention this area of the law has been given by the established institutions like the Florida Bar. While we all acknowledge that the Bar has initiated many worthwhile programs and worked with other groups in response to the crisis, many believe that more must be done. I see hopeful signs that the Bar is ready to do much more. I believe the foreclosure crisis presents the single greatest opportunity the Bar has had in generations to show the general public the very real value ethical and responsible attorneys provide for our communities. The interaction I receive when saving my ...
A conveyance once a mortgage is always a mortgage. This phrase, which became one of the "maxims of equity," can be traced to a seventeenth century English case in which the mortgage limited redemption to the mortgagor or his male heirs. This restriction was held to be a clog on the equity of redemption, and therefore unenforceable. As a result, an assignee of the mortgagor was permitted to redeem the mortgaged property. 1 The clogging doctrine invalidates two types of mortgage provisions. First, no provision may prevent the mortgagor from redeeming and retaining ownership of the ... Read More