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Equity Of Redemption
The equity of redemption refers to the right of a mortgagor to redeem his or her property once the debt secured by the mortgage has been discharged. Overview Historically, a mortgagor (the borrower) and a mortgagee (the lender) executed a conveyance of legal title to the property in favour of the mortgagee as security for the loan. If the loan was repaid, then the mortgagee would return the property; if the loan was not repaid, then the mortgagee would keep the property in satisfaction of the debt. The equity of redemption was the right to petition the courts of equity to compel the mortgagee to transfer the property back to the mortgagor once the secured obligation had been performed. Today, most mortgages are granted by statutory charge rather than by a formal conveyance, although theoretically there is usually nothing to stop two parties from executing a mortgage in the more traditional manner. Traditionally, the courts have been astute to ensure that the mortgagee did not int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. ''Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligation is f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)'s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. ''Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligation is f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Knightsbridge Estates Trust Ltd V Byrne
''Knightsbridge Estates Trust Ltd v Byrne'' 940AC 613 is a UK insolvency law case, concerning the creation of a security interest. Facts Knightsbridge Estates wished to pay off the principle sum of the £310,000 loan from Mr Byrne’s insurance company. However, the contract stated the repayments would be made over 40 years, twice a year. If Knightsbridge paid off the principal early, it would reduce the total amount of interest it would pay to Mr Byrne. Knightsbridge Estates argued that the long repayment schedule was a clog on the equity of redemption. Byrne argued that because the loan counted as a debenture, under Companies Act 1929 section 74 (now Companies Act 2006, section 739) it was exempt from the rule of equity on clogs of redemption and the contract stayed as it was created. In the Court of Appeal, Lord Greene MR939Ch 441, 455 held that the loan was a debenture. He said that this was ‘a commercial agreement between two important corporations, experienced in such ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vernon V Bethell
''Vernon v Bethell'' (1762is an English property law case, where it was affirmed that there could be no clog on the equity of redemption. In justifying this rule, Lord Henley LC made the famous observation that, The case stands for the principle "once a mortgage, always a mortgage", meaning a borrower cannot contract to give up his automatic right to redeem title to his property once the debt is paid. It was a landmark decision in upholding some basic protection at common law for debtors. It also had historic significance in the principle it laid out inspired the Second Bill of Rights, proclaimed by the American President Franklin D. Roosevelt in his 1944 State of the Union Address, to promote basic social and economic rights for all citizens. Facts Major James Vernon wished to pay off his debts to Mr Bethell’s estate and recover title of a sugar plantation in Antigua where he lived. Vernon had taken out a £278 mortgage on the land, and on 5 March 1729 he assigned the mor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Palk V Mortgage Services Funding Plc
''Palk v Mortgage Services Funding plc'' 993Ch 330 was a judicial decision of Court of Appeal of England and Wales relating to the enforcement of mortgages. The case concerned seeking an order for sale of the property through the courts, but it was slightly unusual in that it was the mortgagors (i.e. the borrowers) who were seeking the order for sale, but the finance company holding the mortgage who were opposing it. During the course of his judgment, the Vice Chancellor, Sir Donald Nicholls gave an overview in relation to the enforcement of mortgages under English law, and expressed various principles which the court should apply when seeking to do justice between the parties. Facts Mr and Mrs Palk were the owners of a property in Heathfield, East Sussex. In January 1990 they mortgaged the property to Mortgage Services Funding plc to secure a loan of £300,000. However Mr Palk's business began to founder soon after, and went into insolvent liquidation. In March 1991 Mr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Biggs V Hoddinott
Biggs may refer to: Arts and entertainment * Biggs (TV channel), a Portuguese television channel for kids, teens and youth. * Biggs Darklighter, a character in ''Star Wars Episode IV: A New Hope'' * Biggs, a recurring character in the ''Final Fantasy'' series of role-playing games Business and organizations * bigg's, a hypermarket chain in Ohio and Kentucky * Mr Bigg's, Nigerian fast food chain * Biggs Furniture of Richmond, Virginia People * Biggs (surname) * Kareem Burke, nicknamed "Biggs", an American entrepreneur and record executive * Ronald Isley, stagename "Mr. Biggs", an American singer-songwriter and record executive Places * Biggs, California, U.S. * Biggs, Kentucky, U.S. * Biggs Junction, Oregon, U.S. * Biggs Army Airfield, Texas, U.S. * Biggs Settlement, Michigan, U.S. See also * * Bigg (other) * Big (other) * Biggs jasper Biggs jasper is a variety of the mineral jasper. It is a "picture jasper" – a jasper that exhibits particular patterns a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prime Brokerage
Prime brokerage is the generic name for a bundled package of services offered by investment banks, wealth management firms, and securities dealers to hedge funds which need the ability to borrow securities and cash in order to be able to invest on a netted basis and achieve an absolute return. The prime broker provides a centralized securities clearing facility for the hedge fund so the hedge fund's collateral requirements are netted across all deals handled by the prime broker. These two features are advantageous to their clients. The prime broker benefits by earning fees ("spreads") on financing the client's margined long and short cash and security positions, and by charging, in some cases, fees for clearing and other services. It also earns money by rehypothecating the margined portfolios of the hedge funds currently serviced and charging interest on those borrowing securities and other investments. Services Each client in the market of a prime broker will have certain te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral (finance)
In lending agreements, collateral is a borrower's pledge of specific property to a lender, to secure repayment of a loan. The collateral serves as a lender's protection against a borrower's default and so can be used to offset the loan if the borrower fails to pay the principal and interest satisfactorily under the terms of the lending agreement. The protection that collateral provides generally allows lenders to offer a lower interest rate on loans that have collateral. The reduction in interest rate can be up to several percentage points, depending on the type and value of the collateral. For example, the Annual Percentage Rate (APR) on an unsecured loan is often much higher than on a secured loan or logbook loan. If a borrower defaults on a loan (due to insolvency or another event), that borrower loses the property pledged as collateral, with the lender then becoming the owner of the property. In a typical mortgage loan transaction, for instance, the real estate being acq ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
