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Special Report on

Equity of redemption clog

equity of redemption clog special research report Photo by www.merinews.com
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
What comes under The Absolute Deed, the Conditional Sale, and ...
Mortgage substitutes are traced to a traditional judicial intolerance towards attempts to “clog the equity of redemption”. 1.    Equitable right of redemption means that a debtor or mortgagor cannot, in the inception of the instrument, as a part of or collateral to its execution, in any manner deprive himself of his equitable right to in after default in paying the money at the stipulated time, and to pay the debt and interest, and thereby to redeem the land from the lien and encumbrance of the mortgage. 2.    An option to buy the property for a fixed sum cannot be taken contemporaneously by the mortgagee. •    Void as to clog ... market research, surveys and trends
the good nephew
[2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by the titleholder’s nephew, Mr Audus. Brighton were trying to ensure that there was some, or rather considerable, equity in the property against which their charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983 (for care home costs) could take effect. The facts were briefly as follows. Mr & Mrs Bull were joint secure tenants of Brighton. In 1989, they exercised the right to buy for £12,375, at a 70% discount. Mr Bull died in 1991, leaving Mrs Bull as sole ... market research, surveys and trends

SURVEY RESULTS FOR
EQUITY OF REDEMPTION CLOG

Clogging the Equity of Redemption: An Outmoded Concept? - [2002 ...
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 to do so, thus recognising ... industry trends, business articles and survey research
CLOGGING THE EQUITY OF REDEMPTION: AN OUTMODED CONCEPT
subsumed the doctrine of clog on the equity of redemption, that the concept is ..... and as to $15 million by the issue of preference shares. .... mortgagee to claim an effective interest rate of 57 percent per annum over a period of ... industry trends, business articles and survey research
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INFORMATION RESOURCES

[1] JIA 73 (1947) [1]-[32]
Life policy—Mortgage—Equity of redemption—Clog on the equity—Loan granted to assured by office on security of policy—Option to office to cancel ... technology research, surveys study and trend statistics
THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL ...
acted “to clog Philadelphia Plaza's equity of redemption.” Pl. Mem. 14. Thus, the implied covenant of good faith and fair dealing and the doctrine of ... technology research, surveys study and trend statistics
REAL PROPERTY
Jul 19, 2006 ... redemption”. Butt refers to many cases where the courts have ruled on attempts to clog the equity of redemption. He makes the point that the ...
REAL TIME
EQUITY OF REDEMPTION CLOG
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