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Special Report on

Clogging the Equity of Redemption

clogging the equity of redemption special research report Photo by photos-e.ak.fbcdn.net
To understand the concept of equity of redemption it is necessary to understand the influences of equity upon money lending transactions involving the security of real property over many centuries. Under an old system mortgage, the legal title of the borrower was conveyed to the mortgagee and, upon redemption of the debt, the mortgagor was entitled to a reconveyance of the land which had been the subject of the security. The court of Chancery developed jurisdiction to set aside the legal title of the mortgagee by compelling the mortgagee to reconvey title to the mortgagor where the mortgagee refused ...
always a mortgage", meaning a borrower cannot contract to give up his right to redeem title to his property once his debt is discharged.
REVIEWS AND OPINIONS
Allens Arthur Robinson: Publication: Banking & Finance Update
Two businessmen went into a telecommunications business as a retailer selling mobile phones. They negotiated with a retailer in Melbourne to act as a licensee of the retailer in Western Australia by operating one or more the retailer's stores in this state. The businessmen and a bank entered into a loan facility agreement. It contained an Event of Default as follows: "an event or circumstance that arises which in the opinion of the bank causes a material adverse change in the financial condition of the business or of any guarantor that is likely to prejudice (in the opinion of the bank) the business's or ... market research, surveys and trends
Zombie Loans Raise Hurdles For Deed-in-Lieu Transactions By ...
Real Estate Clips is a newspaper and periodical clipping service Sponsored By: Northfield Advisors LLC - www.northfieldadvisors.com Zombie Loans Raise Hurdles For Deed-in-Lieu Transactions By Jeffrey B. Steiner and Jason R. Goldstein July 15, 2009 In an earlier article, we examined certain equitable defenses that borrowers may avail themselves of when fighting a lender's enforcement of remedies.1 These equitable defenses, we posited, were more likely to be made when a lender pursued a foreclosure action in reliance on a non-monetary default as opposed to plainly objective payment defaults. While recognizing that lenders ... market research, surveys and trends

SURVEY RESULTS FOR
CLOGGING THE EQUITY OF REDEMPTION

CLOGGING THE EQUITY OF REDEMPTION: AN OUTMODED CONCEPT
that date amounted to $1.47 million reflecting an effective rate of interest of 61.5 percent per annum. The court drew the inference that this was an ... industry trends, business articles and survey research
QUT | Law | International Trade in Endangered Species of Wild ...
Extinction is a natural feature of the evolution of life on earth, however recent human induced extinction is some 100 times faster than natural extinction rates. Many species are declining in number because of loss of habitat, invasion by weeds, ferals and diseases and increased exploitation. The wildlife trade is one factor in this decline, particularly as improvement in transport facilities has made it possible to ship animals and plants and products derived from them anywhere in the world. Wildlife trade is a highly profitable business and involves a wide variety of species with millions of ... industry trends, business articles and survey research
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INFORMATION RESOURCES

CONSTRUCTION FINANCE MEZZANINE DEBT/SUPER EQUITY ISSUES By Harris ...
Howard Kane, “The Prohibition Against Clogging the Equity of Redemption: Recent. Developments,” ACREL Conference Finance Topics (April 4-5, 1997). ... technology research, surveys study and trend statistics
IN THE UNITED STATES DISTRICT COURT FOR MARYLAND (Northern ...
“clogged” the equity of redemption in plaintiff's home. Id. at 6. In so finding, Judge Davis explicitly addressed and rejected the defendants' contention ... technology research, surveys study and trend statistics
Legal Writing in Plain English, Exercises, No. 26
In published legal writing, find a three- or four-page example of nicely varied paragraph lengths. Identify something specific that you like about the passage. If you belong to a writing group or class, bring a copy for each colleague and be prepared to discuss your example. Break down each of the following passages so that it contains three to five separate paragraphs. Find the best places for starting new paragraphs. When the courts of equity created the equity of redemption, they ignored the parties' explicit intention. They allowed the mortgagor to regain the property by performing the secured obligation after the legal ...
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CLOGGING THE EQUITY OF REDEMPTION
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