1269:
Sometimes this theory is referred to as the "Equitable Theory of
Mortgages". Under lien theory. a mortgage acts to place a lien on the mortgaged property in favor of the mortgagee, and legal title is retained by the mortgagor. Judicial foreclosure is most often necessary as a remedy to default pursuant to mortgages within lien theory jurisdictions, and this process has been found to be cumbersome, time-consuming and costly. Resultantly, lenders within lien theory jurisdictions most often have recourse to non-mortgage instruments for the securement of loans, which instruments usually take the form of trust deeds or, within the State of Georgia, the security deed. Deeds always act to convey legal title to a parcel of real property, and the ubiquitous usage of such deeds within lien theory jurisdictions has generally served to subvert the action of mortgages therein.
1375:
mortgage. However, a mortgage must clearly indicate the creation of a lien and must specify the debt for which it is given and the property upon which it is to take effect." It is clear, then, that mortgages are construed within the
Official Georgia Code and by the Courts of the State of Georgia as placing a lien upon a mortgaged property in favor of the mortgagee, while the mortgagor retains both legal and equitable title to that property. It is equally clear, then, that Georgia is, by virtue of the foregoing facts, a lien theory state. Even so, the Georgia Legislature has formally provided for a lender being able to secure its loan by means of having legal title to a collateralized property conveyed to it.
1260:) being retained by the mortgagor (the borrower in the loan). The fact of the mortgagor's retaining of the "equity of redemption" is the fact which renders the passing of title under title theory conditional. Mortgages within title theory jurisdictions, then, may be viewed as having the action of what might be called "conditional deeds". Though legal title is passed pursuant to a mortgage therein, the arrangement is generally construed by courts to recognize the mortgagor as "owner" of the mortgaged property within title theory jurisdictions. Even so, foreclosure of the property as a remedy for default under title theory is most often extrajudicial (non-judicial).
39:
1089:
the lot into three 1-acre (4,000 m) lots (X, Y, and Z), and sells lot Y to Bob, and then lot Z to
Charlie, retaining lot X for herself. Upon default, the mortgagee proceeds against lot X first, the mortgagor. If foreclosure or repossession of lot X does not fully satisfy the debt, the mortgagee proceeds against lot Z (Charlie), then lot Y (Bob). The rationale is that the first purchaser should have more equity and subsequent purchasers receive a diluted share.
2823:
2849:
1399:(which is true, but only within a "lien theory" jurisdiction). Despite the assertion within the O.C.G.A. of "absolute conveyance", the fact that the grantor of a security deed retains equitable title to the deeded property, means that the conveyance of title effected by said security deed is, in fact, not absolute, but is conditional, and the security deed effectively functions as a mortgage construed under title theory.
2836:
1172:, the mortgage by legal charge is most common way used by banks to secure the financing. It is also known as registered mortgage. After registration of legal charge, the bank's lien is recorded in the land register stating that the property is under mortgage and cannot be sold without obtaining an NOC (No Objection Certificate) from the bank.
1339:"mortgages" in California are actually deeds of trust. The effective difference is that the foreclosure process can be much faster for a deed of trust than for a mortgage, on the order of 3 months rather than a year. Because this foreclosure does not require actions by the court, the transaction costs can be quite a bit less.
1374:
Georgia is often stated to be a title theory state, but such is not the case. Note O.C.G.A. §44-14-30, which states clearly that "A mortgage in this state is only security for a debt and passes no title." Also note O.C.G.A. §44-14-31, which states that "No particular form is necessary to constitute a
1255:
Title theory is "the idea that a mortgage transfers legal title of the mortgaged property from the mortgagor to the mortgagee, which retains it until the mortgage has been satisfied or foreclosed. Only a few
American States...have adopted this theory." Under title theory, a mortgage has the effect of
1228:
Specific procedures for foreclosure and sale of the mortgaged property almost always apply, and may be tightly regulated by the relevant government. In some jurisdictions, foreclosure and sale can occur quite rapidly, while in others, foreclosure may take many months or even years. In many countries,
1423:
In order to be effectual, security deeds must be recorded in the county of
Georgia within which the land is located. Although there is no specific time within which such deeds must be filed, the failure to timely record the deed to secure debt may affect priority and therefore the ability to enforce
1378:
The so-called "Deed to Secure Debt" is a security instrument used in the state of
Georgia to accomplish securing of a debt by means of the passing of legal title to real property. Though it is characterized within the Official Code of Georgia (the "O.C.G.A.") to be an "absolute conveyance" of title,
1281:
In the United States, more states are lien-theory states than are title-theory or intermediate-theory states. In title-theory states, a mortgage continues to be a conveyance of legal title to secure a debt, while the mortgagor still retains equitable title. In lien-theory states, mortgages and deeds
1246:
There are three legal theories pertaining to mortgages: title theory, lien theory, and intermediate theory. These three theories pertain particularly to the operation of mortgages, and so provide the key to understanding the differences which exist in the operation of mortgages across jurisdictions.
1193:
In an equitable mortgage the lender is secured by taking possession of all the original title documents of the property and by borrower's signing a
Memorandum of Deposit of Title Deed (MODTD). This document is an undertaking by the borrower that he/she has deposited the title documents with the bank
1088:
When a mortgaged tract of land is split up and sold, upon default, the mortgagee first forecloses on lands still owned by the mortgagor and proceeds against other owners in an 'inverse order' in which they were sold. For example, Alice acquires a 3-acre (12,000 m) lot by mortgage then splits up
1037:
This arrangement, whereby the lender was in theory the absolute owner, but in practice had few of the practical rights of ownership, was seen in many jurisdictions as being awkwardly artificial. By statute the common law's position was altered so that the mortgagor (borrower) would retain ownership,
1131:
In a mortgage by legal charge or technically "a charge by deed expressed to be by way of legal mortgage", the debtor remains the legal owner of the property, but the creditor gains sufficient rights over it to enable them to enforce their security, such as a right to take possession of the property
1442:
their liens in order to recover their debts. If a property's title has multiple mortgage liens and the loan secured by a first mortgage is paid off, the second mortgage lien will move up in priority and become the new first mortgage lien on the title. Documenting this new priority arrangement will
1411:
or "summary reposession". However, foreclosure, albeit extrajudicial, is found to be necessary in
Georgia to cure a default. Because of the apparently self-contradictory nature of the Georgia statute, the Courts within Georgia have construed the operation of security deeds to mean that the grantor
1076:
Mortgage and foreclosure were used as a means by the Dutch and other colonists to acquire land from native peoples in North
America. This was a successful endeavor partially due to cultural differences in the understanding of land ownership. The practice followed a series of steps. Colonists would
1437:
of the state in which the mortgaged property is located, this attachment establishes the priority of the mortgage lien with respect to most other liens on the property's title. Liens that have attached to the title before the mortgage lien are said to be senior to, or prior to, the mortgage lien.
850:
of a loan, to the lender (wadsetter) who on redemption would reconvey the estate to the reverser by a second charter. The difficulty with this arrangement was that the wadsetter was absolute owner of the property and could sell it to a third party or refuse to reconvey it to the reverser, who was
707:
in a mortgage—he or she owes the obligation secured by the mortgage. Generally, the borrower must meet the conditions of the underlying loan or other obligation in order to redeem the mortgage. If the borrower fails to meet these conditions, the mortgagee may foreclose to recover the outstanding
1278:
accomplished by the inclusion of a stipulation within the loan contract to the effect that the borrower is allowed to retain legal title to the collateralized property with the express agreement that the lender may foreclose in a non- or extrajudicial manner if the borrower defaults on the loan.
1353:
The deed of trust is a conveyance of title made by the borrower to a third party trustee (not the lender) for the purposes of securing a debt. In lien-theory states, it is reinterpreted as merely imposing a lien on the title and not a title transfer, regardless of its terms. It differs from a
1338:
of that lien almost always requires a judicial proceeding declaring the debt to be due and in default and ordering a sale of the property to pay the debt. Many mortgages contain a power of sale clause, also known as nonjudicial foreclosure clause, making them equivalent to a deed of trust. Most
1277:
Under what has come to be called the "intermediate theory" of mortgages, a mortgage is viewed as creating a lien on the mortgaged property until such a time as an event of default occurs pursuant to the loan contract. After such a time, the same mortgage is construed under title theory. This is
1013:
The debt was absolute in form, and unlike a gage was not conditionally dependent on its repayment solely from raising and selling crops or livestock or simply giving the crops and livestock raised on the gaged land. The mortgage debt remained in effect whether or not the land could successfully
1110:
In a mortgage by demise, the mortgagee (the lender) becomes the owner of the mortgaged property until the loan is repaid or other mortgage obligation fulfilled in full, a process known as "redemption". This kind of mortgage takes the form of a conveyance of the property to the creditor, with a
1077:
draw native peoples into their debts through credit that the natives would then need to create mortgages to repay. The debt would generally be one that the natives would be unable to pay in a reasonable time frame and thus foreclosure would be enforced, and the land acquired by the colonists.
609:
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
1268:
Lien theory is "the idea that a mortgage resembles a lien, so that...", pursuant to a mortgage, "...the mortgagee acquires only a lien on the property and the mortgagor retains both legal and equitable title unless a valid foreclosure occurs. Most
American states...have adopted this theory."
1212:
on the mortgaged property if certain conditions—principally, non-payment of the mortgage loan – apply. A foreclosure will be either judicial or extrajudicial (non-judicial), depending upon whether the jurisdiction within which the property to be foreclosed interprets mortgages
1402:
Upon the execution of such a deed, "legal title" passes to the grantee or beneficiary (usually lender), while the grantor (borrower) maintains "equitable title" to use and enjoy the conveyed land subject to compliance with debt obligations. In this, the security deed in Georgia operates no
1114:
Mortgages by demise were the original form of mortgage, and continue to be used in many jurisdictions, and in a small minority of states in the United States. Many other common law jurisdictions have either abolished or minimised the use of the mortgage by demise. For example, in
668:
Legal systems in different countries, while having some concepts in common, employ different terminology. However, in general, a mortgage of property involves the following parties. The borrower, known as the mortgagor, gives the mortgage to the lender, known as the mortgagee.
1213:
according to title theory or lien theory, and further depending upon the type of security instrument used to secure the loan. Subject to local legal requirements, the property may then be sold. Any amounts received from the sale (net of costs) are applied to the original debt.
1365:
that are sometimes called deeds of trust but that are used to create trusts for other purposes, such as estate planning. Though there are superficial similarities in the form, many states hold deeds of trust to secure repayment of debts do not create true trust arrangements.
651:
rather than on other property (such as ships) and in some jurisdictions only land may be mortgaged. A mortgage is the standard method by which individuals and businesses can purchase real estate without the need to pay the full value immediately from their own resources. See
1220:
loans: if the funds recouped from sale of the mortgaged property are insufficient to cover the outstanding debt, the lender may not have recourse to the borrower after foreclosure. In other jurisdictions, the borrower remains responsible for any remaining debt, through a
19:
This article is about the legal mechanisms used to secure the performance of obligations, including the payment of debts, with property. For loans secured by mortgages, such as residential housing loans, and lending practices or requirements, see
1003:. Since the lender did not necessarily enter into possession, had rights of action, and covenanted a right of reversion on the borrower, the mortgage was a proper collateral security. Thus, a mortgage was on its face an absolute conveyance of a
1596:
f he doth not pay, then the Land which is put in pledge upon condition for the payment of the money, is taken from him for ever, and so dead to him upon condition, &c. And if he doth pay the money, then the pledge is dead as to the
1229:
the ability of lenders to foreclose is extremely limited, and mortgage market development has been notably slower. The relatively slow, expensive and cumbersome process of judicial foreclosure is a primary motivation for the use of
979:) reciting the loan and providing that if it was repaid the land would reinvest in the borrower, but if not the lender would retain title. If repaid on time, the lender would reinvest title using a reconveyance deed. This was the
1063:
through contract have been therefore struck down by courts as "clogs", but developments in the 1980s and 1990s have led to less rigid enforcement of this principle, particularly due to interest among theorists in returning to a
1432:
The lien is said to attach to the title when the mortgage is signed by the mortgagor and delivered to the mortgagee and the mortgagor receives the funds whose repayment the mortgage secures. Subject to the requirements of the
1097:
Mortgages may be legal or equitable. Furthermore, a mortgage may take one of a number of different legal structures, the availability of which will depend on the jurisdiction under which the mortgage is made.
1256:
a deed passing legal title, though conditionally, of the mortgaged property to the mortgagee (the lender in a loan agreement being secured by the mortgage), with so-called "equitable title" (which is really
685:. Typically, the purpose of the loan is for the borrower to purchase that same real estate. As the mortgagee, the lender has the right to sell the property to pay off the loan if the borrower fails to pay.
1194:
with his own wish and will, in order to secure the financing obtained from the bank. Certain transactions are recognized therefore as mortgages by equity, which are not so recognized by common law.
1139:
and other mortgage lenders run title searches of the real estate property to make certain that there are no mortgages already registered on the debtor's property which might have higher priority.
1791:
2118:
The failure to record a previously made mortgage may, under some circumstances, allow a subsequent mortgagee's mortgage to be recognized as prior in right to the otherwise prior mortgage.
1389:"...with the right reserved by the grantor to have the property reconveyed to him upon the payment of the debt or debts intended to be secured agreeably to the terms of the contract,..."
688:
The mortgage runs with the land, so even if the borrower transfers the property to someone else, the mortgagee still has the right to sell it if the borrower fails to pay off the loan.
956:) providing that if after the term the debt was not repaid, title was forfeited to the lender, i.e., the term of years would expand automatically into a fee simple. This is known as a
1403:
differently than does a mortgage within "title theory" jurisdictions. Hypothetically, if "absolute" or "perfect" title were held by a grantee such that the grantor did not retain the
1383:", otherwise known as "equitable title". The nature of the Georgia "Deed to Secure Debt" is set forth in O.C.G.A. §44-14-60, within which (somewhat oxymoronically) it is stated that:
1330:
lien (according to the "lien theory of mortgages") to a lender for the performance under the terms of a mortgage note. In slightly less than half of states, a mortgage creates a
1042:, the power of sale, and the right to take possession, would be protected. In the United States, those states that have reformed the nature of mortgages in this way are known as
1022:
However, if the borrower was a single day late in repaying the debt, he forfeited his land to the lender while still remaining liable for the debt. Increasingly the courts of
695:
or recorded against the title with a government office, as a public record. The borrower has the right to have the mortgage discharged from the title once the debt is paid.
1014:
produce enough income to repay the debt. In theory, a mortgage required no further steps to be taken by the lender, such as acceptance of crops and livestock in repayment.
960:
and was sufficient after 1199 to entitle the gagee to bring an action for recovery. However, the royal courts increasingly did not respect shifting fees since there was no
1459:
to other parties. Some jurisdictions hold that the assignment of the note implies the assignment of the mortgage, while others contend it only creates an equitable right.
1085:
When a tract of land is purchased with a mortgage and then split up and sold, the "inverse order of alienation rule" applies to decide parties liable for the unpaid debt.
1143:, in some cases, will come ahead of mortgages. For this reason, if a borrower has delinquent property taxes, the bank will often pay them to prevent the lienholder from
881:. Under a gage the borrower (gagor) conveyed possession but not ownership to the lender (gagee) for an unlimited term until redemption. The gage came in two forms:
1318:
A mortgage operates to collateralize real property by means of lien or through conditional conveyance of title, depending upon jurisdiction. A mortgage creates a
940:
remedies to recover possession. Thus, the unprofitable living gage fell out of use, but the dead gage continued as the Welsh mortgage until abolished in 1922.
1135:
To protect the lender, a mortgage by legal charge is usually recorded in a public register. Since mortgage debt is often the largest debt owed by the debtor,
1438:
Those attaching afterward are said to be junior or subordinate. The purpose of this priority is to establish the order in which lienholders are entitled to
971:
The solution was to merge the latter-day wadset and gage for years into a single transaction embodied in two instruments: (1) the absolute conveyance (the
720:, of the property, one or both of the main participants are likely to require legal representation. The agent used for conveyancing varies based on the
677:
A mortgage lender is an investor that lends money secured by a mortgage on real estate. In today's world, most lenders sell the loans they write on the
1407:, then the grantee/lender would theoretically not have need to foreclose upon the grantor/borrower, but rather might cure a default by simple means of
637:
1299:
708:
loan. Typically the borrowers will be the individual homeowners, landlords, or businesses who are purchasing their property by way of a loan.
2807:
795:), and the parties are known as hypothecator (borrower) and hypothecatee (lender). A civil-law hypotheca is exactly equivalent to an English
1812:
1358:
by a nonjudicial sale held by the trustee through a power of sale. It is also possible to foreclose them through a judicial proceeding.
1326:(traditionally a deed) that either conveys legal title (according to the "title theory of mortgages") or hypothecates title by way of a
2762:
968:
could be enlarged, so by the 14th century the simple gage for years was invalid in England (and Scotland and the near continent).
2268:
1030:(1617–21) an absolute right to insist on reconveyance on redemption even if past due. This right of the borrower is known as the
903:), whereby the estate's accruing rents, profits, and crops went toward reducing the debt (that is, the debt was self-redeeming);
2777:
549:
851:
also stripped of his principal means of repayment and therefore in a weak position. In later years the practice—especially in
2167:
1294:
Four types of security over real property are commonly used in the United States: the title mortgage, the lien mortgage, the
1055:
Since the 17th century, lenders have not been allowed to carry interest in the property beyond the underlying debt under the
123:
2767:
2006:
1589:
1119:
this type of mortgage is no longer available in relation to registered interests in land, by virtue of section 23 of the
448:
2792:
1474:
2590:
2273:
2078:
2034:
1225:. In some jurisdictions, first mortgages are non-recourse loans, but second and subsequent ones are recourse loans.
2010:
418:
1102:
jurisdictions have evolved two main forms of mortgage: the mortgage by demise and the mortgage by legal charge.
2747:
2727:
2192:
1327:
332:
2853:
1917:
Ghent, Andra C. and Kudlyak, Marianna, Recourse and Residential Mortgage Default: Evidence from U.S. States.
1816:
640:
to mean that the pledge ends (dies) either when the obligation is fulfilled or the property is taken through
430:
2757:
2701:
2306:
1302:. In the United States, these security instruments proceed off of debt instruments drawn up in the form of
855:
and on the continent—was to execute together the wadset and a separate back-bond according the reverser an
502:
397:
2706:
2696:
2263:
1348:
1295:
1233:, because of their provisions for non-judicial foreclosures by trustees through "power of sale" clauses.
1230:
403:
1286:
on the title to the mortgaged property, while the mortgagor still holds both legal and equitable title.
2363:
2253:
1181:
1120:
542:
323:
209:
2311:
2208:
2160:
1520:
1495:
1059:
principle. Attempts by the lender to carry an equity interest in the property in a manner similar to
678:
454:
315:
310:
143:
2223:
1565:
1560:
1151:
1048:
771:
749:
118:
2127:
Of course, the lienholders can agree among themselves to a different priority arrangement through
2839:
2505:
2394:
2243:
2128:
1434:
767:
to help him or her source an appropriate lender, typically by finding the most competitive loan.
682:
441:
305:
38:
2605:
2565:
2331:
1820:
1535:
382:
351:
1617:
2666:
2646:
2620:
2610:
2570:
2438:
2399:
2301:
2258:
2248:
2233:
2213:
1896:
1480:
996:
911:
890:
535:
423:
924:), whereby the rents and profits were taken in lieu of interest but did not reduce the debt.
2827:
2580:
2510:
2373:
2316:
2238:
2228:
2218:
2153:
1413:
1404:
1392:
1380:
1257:
1056:
1031:
928:
The gage was unattractive for lenders because the gagor could easily eject the gagee using
276:
8:
2737:
2560:
2555:
2389:
2294:
2289:
1792:"Law of Property Act 1925 (c.20) Part III Mortgages, Rentcharges, and Powers of Attorney"
1515:
1490:
1387:(assumedly meaning an actual conveyance of "absolute" or "perfect" title to the grantee)
1222:
1065:
1010:, but was in fact conditional, and would be of no effect if certain conditions were met.
847:
817:
724:. In the English-speaking world this means either a general legal practitioner, i.e., an
657:
366:
237:
1841:
2787:
2661:
2615:
2595:
2428:
2409:
2351:
2326:
2106:
1976:
1770:
1525:
1187:
1158:(it is now the only form for registered interests in land – see above).
611:
256:
113:
98:
67:
1649:
McNall, Christopher (2009). "Mortgage: English Common law". In Katz, Stanle N. (ed.).
2875:
2691:
2500:
2483:
2443:
2368:
2358:
2336:
2321:
2074:
2030:
1774:
1319:
1203:
1155:
1116:
1026:
began to protect the borrower's interests, so that a borrower came to have under Sir
1000:
764:
745:
692:
691:
So that a buyer cannot unwittingly buy property subject to a mortgage, mortgages are
575:
199:
182:
108:
62:
2094:
2068:
2024:
2711:
2686:
2585:
2527:
2488:
2448:
1968:
1762:
1555:
1505:
1469:
1456:
1362:
1323:
1217:
1060:
961:
753:
599:
567:
464:
435:
261:
204:
77:
2054:
2575:
2522:
1956:
1550:
1540:
1379:
it is, in fact, not, for the grantor of the deed in this scheme does retain the "
1303:
937:
929:
832:
760:
392:
295:
192:
187:
2802:
2782:
2742:
2681:
2463:
2433:
2049:
See the discussion of background principles of California real property law in
1510:
897:
825:
512:
408:
361:
161:
152:
128:
1385:"Such conveyance shall be held by the courts to be an absolute conveyance,..."
948:
By the 13th century—in England and on the continent—the gage was limited to a
820:, when interest loans were illegal, the main method of securing realty was by
647:
In most jurisdictions mortgages are strongly associated with loans secured on
2869:
2600:
2532:
2517:
2346:
1452:
1395:, which appears to contradict the preceding phrase within the same sentence)
1307:
1027:
949:
874:
653:
625:
term meaning "dead pledge," originally only referring to the Welsh mortgage (
587:
579:
245:
72:
1897:"Equitable Mortgage by Deposit of Title Deeds-The American and English Rule"
2772:
2671:
2656:
2630:
2453:
2419:
1993:
1622:
1530:
1023:
1007:
965:
870:
843:
737:
721:
717:
602:
jurisdictions, albeit with a wider sense, as it also covers non-possessory
507:
251:
228:
30:
2093:
Security Interests in Georgia, By Steven M. Mills of Steven M. Mills, P.C.
759:
Because of the complex nature of many markets the borrower may approach a
2797:
2651:
2473:
2468:
2341:
2176:
1585:
1545:
1439:
1417:
1361:
Deeds of trust to secure repayments of debts should not be confused with
1355:
1335:
1150:
This type of mortgage is most common in the United States and, since the
1144:
1039:
741:
733:
648:
641:
633:
413:
387:
281:
219:
214:
177:
2752:
2625:
1980:
1099:
1004:
863:
840:
622:
571:
525:
494:
474:
166:
93:
47:
1766:
1282:
of trust have been redesigned so that they now impose a nonpossessory
1216:
In some jurisdictions mainly in the United States, mortgage loans are
1753:
Park, K-Sue (2016). "Money, Mortgages, and the Conquest of America".
1717:
Lord Chancellor and head of the Court of Chancery from 1617 to 1621.
1653:. Vol. 2. Oxford, England: Oxford University Press. p. 188.
1485:
1209:
992:
918:
852:
729:
498:
459:
266:
1972:
1957:"The Lien or Equitable Theory of the Mortgage, Some Generalizations"
1613:(sixth ed.). Indianapolis, Indiana: Bobbs-Merrill. p. 178.
2732:
2676:
2478:
2404:
2187:
1878:
1500:
1408:
1391:(in other words, the grantor retains "equitable title", a.k.a. the
1169:
1165:, the mortgage by legal charge is also known as Standard Security.
1162:
1140:
975:) in fee or for years to the lender; (2) an indenture or bond (the
867:
779:
704:
615:
593:
484:
356:
346:
171:
133:
21:
1123:(though it continues to be available for unregistered interests).
1046:
states. A similar effect was achieved in England and Wales by the
836:
286:
138:
1675:
1673:
1443:
require the release of the mortgage securing the paid-off loan.
2537:
1634:
Berman, Constance (1995). "Gage". In Kibler, William W. (ed.).
1052:, which abolished mortgages by the conveyance of a fee simple.
831:). A wadset was a loan masked as a sale of land under right of
725:
583:
2145:
2105:
Exceptions include real estate tax liens and, in most states,
16:
Legal mechanisms used to secure the performance of obligations
2493:
1670:
1611:
A treatise on the law of mortgages of real property, Volume 1
775:
1921:, Sept. 2011. The authors classify 11 states as nonrecourse.
1879:
The Imposition of Western Law Forms upon Primitive Societies
1842:"Equitable Mortgage Law and Legal Definition - USLegal, Inc"
1111:
condition that the property will be returned on redemption.
2458:
1692:
In Scots law and on the continent, the prohibition against
1331:
1283:
1136:
1043:
603:
489:
341:
103:
1369:
1071:
964:(i.e., no formal conveyance), nor did they recognize that
1731:
Shanker, Morris G. (2003). "Will Mortgage Law Survive?".
681:. When they sell the mortgage, they earn revenue called
521:
1289:
1197:
663:
1859:
Davis, G. (1956). "The Equitable Mortgage in Kansas".
1894:
628:
1298:, and particularly within the State of Georgia, the
811:
2073:(9th ed.). Prentice-Hall, Inc. Sec 20.09(b).
2066:
2022:
1730:
1681:Consultation Paper: Security on Immovable Property
1651:Oxford International Encyclopedia of Legal History
1236:
2867:
1954:
1420:is necessary as a remedy for default on a loan.
2029:(9th ed.). Prentice-Hall, Inc. Sec 20.09.
1038:but the mortgagee's (lender's) rights, such as
2135:Chs. 30 & 38 (2nd Ed. Prentice-Hall, Inc.)
1241:
1080:
716:Because of the complicated legal exchange, or
636:was applied to all gages and reinterpreted by
2808:List of housing markets by real estate prices
2161:
1310:, lender's notes, or real estate lien notes.
796:
610:performed. In other words, the mortgage is a
543:
1397:"...and shall not be held to be a mortgage."
1354:mortgage in that, in many states, it can be
1154:, it has been the usual form of mortgage in
2009:, SJC-10694, January 7, 2011, page 12. See
1126:
774:jurisdictions, referred to by some form of
2848:
2168:
2154:
1883:Comparative Studies in Society and History
1696:is due to the reintroduction of Roman law.
1182:Security interest § Types of security
614:for the loan that the lender makes to the
550:
536:
1945:, 9th edn. (Thomson Reuters, 2009), 1009.
1933:, 9th edn. (Thomson Reuters, 2009), 1624.
1858:
752:jurisdictions conveyancing is handled by
660:for lending against commercial property.
1786:
1784:
1665:pactum legis commissoriæ (in pignoribus)
1663:A Roman-Dutch legal term; Scots law has
1334:on the title to the mortgaged property.
1017:
2011:Bank Stocks Slump On Foreclosure Ruling
1424:the debt against the subject property.
1370:The security deed: specialty of Georgia
1072:Mortgage Law and Colonization Practices
2868:
1718:
1705:
1648:
1633:
1272:
862:An alternative practice imported from
835:. The borrower (reverser) conveyed by
656:for residential mortgage lending, and
2149:
2067:Kratovil, Robert; Werner, R. (1988).
2023:Kratovil, Robert; Werner, R. (1988).
1781:
1748:
1746:
1608:
1290:Types of security interests in realty
1190:and may lack some legal formalities.
1175:
1105:
711:
698:
124:Lost, mislaid, and abandoned property
2835:
2007:Massachusetts Supreme Judicial Court
1805:
1752:
1342:
1208:In most jurisdictions, a lender may
1198:Foreclosure and non-recourse lending
989:mortgage by charter and reconveyance
952:and contained a forfeiture proviso (
732:, or in jurisdictions influenced by
664:Participants and variant terminology
586:as a security for a debt, usually a
1591:Commentaries on the Laws of England
943:
672:
13:
2793:Undergraduate real estate programs
1743:
1475:Collateralized mortgage obligation
1416:, such that non- or extrajudicial
14:
2887:
2591:Investment rating for real estate
2141:
2131:. See, R. Kratovil and R. Werner
2051:Alliance Mortgage Co. v. Rothwell
1961:University of Michigan Law Review
1638:. New York: Garland. p. 380.
1306:and which are known variously as
1186:Equitable mortgages originate in
2847:
2834:
2822:
2821:
2133:Modern Mortgage Law and Practice
1636:Medieval France: An Encyclopedia
1609:Jones, Leonard Augustus (1904).
1584:
1092:
812:Anglo-Saxon and Anglo-Norman law
800:
37:
2175:
2121:
2112:
2099:
2087:
2060:
2043:
2016:
1999:
1987:
1948:
1936:
1924:
1911:
1888:
1871:
1861:University of Kansas Law Review
1852:
1834:
1733:Case Western Reserve Law Review
1724:
1322:in realty created by a written
1313:
1250:
936:“as of gage”—could not bring a
2748:Graduate real estate education
2193:Tertiary sector of the economy
1895:Cocke, William Archer (1882).
1711:
1699:
1686:
1657:
1642:
1627:
1602:
1578:
1263:
1237:Mortgages in the United States
932:, and the gagee—merely seized
1:
1572:
1446:
1147:and wiping out the mortgage.
598:is the corresponding term in
431:Lateral and subjacent support
2702:Real estate investment trust
2307:Extraterrestrial real estate
398:Practicing without a license
7:
2707:Real property administrator
2697:Real estate investment club
1919:Review of Financial Studies
1679:The Jersey Law Commission,
1462:
1427:
1349:deed of trust (real estate)
1242:Three theories of mortgages
1081:Default on divided property
770:The debt instrument is, in
10:
2892:
2364:Private equity real estate
2129:subordination arrangements
2013:, New York Times Dealbook.
1813:"Nemo Loans Jargon Buster"
1451:Mortgages, along with the
1346:
1201:
1179:
1121:Land Registration Act 2002
806:
574:which is used to create a
324:Doctrine of worthier title
18:
2816:
2720:
2639:
2546:
2418:
2382:
2312:International real estate
2282:
2201:
2183:
1955:Durfee, Edgar N. (1912).
1817:Nemo Personal Finance Ltd
1521:Mortgage Credit Directive
1496:Foreign currency mortgage
679:secondary mortgage market
455:Conflict of property laws
311:Rule against perpetuities
1561:Subprime mortgage crisis
1152:Law of Property Act 1925
1127:Mortgage by legal charge
1049:Law of Property Act 1925
987:) or, when written, the
797:mortgage by legal charge
748:are the most common. In
744:. In the United States,
2506:Real estate transaction
2395:Real estate development
1996:, Wex Legal Dictionary.
1901:The Central Law Journal
1846:definitions.uslegal.com
991:and took the form of a
683:Service Release Premium
306:Restraint on alienation
2606:Real estate derivative
2566:Effective gross income
2332:Healthcare real estate
1943:Black's Law Dictionary
1931:Black's Law Dictionary
1755:Law and Social Inquiry
1536:National Mortgage News
981:mortgage by conveyance
333:Nonpossessory interest
2763:Industry trade groups
2667:Exclusive buyer agent
2621:Real estate valuation
2611:Real estate economics
2571:Gross rent multiplier
2400:Real estate investing
2302:Corporate Real Estate
2005:U.S. Bank v. Ibanez,
1794:. Ministry of Justice
1481:Conditional dismissal
1018:Renaissance and after
282:Action to quiet title
2581:Highest and best use
2547:Economics, financing
2511:Real estate contract
2405:Real estate flipping
2374:Residential property
2317:Lease administration
2269:United Arab Emirates
1414:equity of redemption
1405:equity of redemption
1393:equity of redemption
1381:equity of redemption
1258:equity of redemption
1057:equity of redemption
1032:equity of redemption
801:lien-theory mortgage
632:), but in the later
277:Equitable conversion
2561:Capitalization rate
2556:Asset-based lending
2390:Property management
2295:Commercial building
2290:Commercial property
2057:, 1235–1238 (1995).
1516:Mortgage calculator
1491:Fixed-rate mortgage
1273:Intermediate theory
1223:deficiency judgment
1066:freedom of contract
954:pactum commissorium
859:right of reverter.
818:Anglo-Saxon England
703:A mortgagor is the
658:commercial mortgage
419:prior appropriation
367:Equitable servitude
2788:Real estate trends
2692:Real estate broker
2662:Chartered Surveyor
2616:Real estate bubble
2596:Mortgage insurance
2429:Adverse possession
2352:Luxury real estate
2327:Garden real estate
1526:Mortgage insurance
1188:English Common Law
1176:Equitable mortgage
1106:Mortgage by demise
754:civil law notaries
746:real estate agents
712:Other participants
699:Borrower/mortgagor
449:Quicquid plantatur
257:Deeds registration
99:Adverse possession
68:Community property
2863:
2862:
2501:Property abstract
2484:Land registration
2444:Concurrent estate
2369:Real estate owned
2359:Off-plan property
2337:Vacation property
2322:Niche real estate
1767:10.1111/lsi.12222
1694:pacta commissoria
1363:trust instruments
1343:The deed of trust
1320:security interest
1204:Strategic default
1156:England and Wales
1117:England and Wales
1061:convertible bonds
1001:lease and release
765:financial adviser
576:security interest
560:
559:
200:Concurrent estate
183:Defeasible estate
63:Personal property
2883:
2851:
2850:
2838:
2837:
2825:
2824:
2768:Investment firms
2687:Property manager
2586:Home equity loan
2489:Leasehold estate
2449:Conditional sale
2170:
2163:
2156:
2147:
2146:
2136:
2125:
2119:
2116:
2110:
2107:mechanic's liens
2103:
2097:
2091:
2085:
2084:
2064:
2058:
2055:10 Cal. 4th 1226
2047:
2041:
2040:
2020:
2014:
2003:
1997:
1991:
1985:
1984:
1952:
1946:
1940:
1934:
1928:
1922:
1915:
1909:
1908:
1892:
1886:
1875:
1869:
1868:
1856:
1850:
1849:
1838:
1832:
1831:
1829:
1828:
1819:. Archived from
1809:
1803:
1802:
1800:
1799:
1788:
1779:
1778:
1761:(4): 1006–1035.
1750:
1741:
1740:
1728:
1722:
1715:
1709:
1703:
1697:
1690:
1684:
1677:
1668:
1661:
1655:
1654:
1646:
1640:
1639:
1631:
1625:
1614:
1606:
1600:
1599:
1582:
1556:Subprime lending
1506:Loan origination
1470:Bridge financing
1304:promissory notes
997:bargain and sale
962:livery of seisin
944:Late Middle Ages
673:Lender/mortgagee
568:legal instrument
552:
545:
538:
519:Higher category:
465:Security deposit
262:Estoppel by deed
205:Leasehold estate
78:Unowned property
41:
27:
26:
2891:
2890:
2886:
2885:
2884:
2882:
2881:
2880:
2866:
2865:
2864:
2859:
2812:
2716:
2635:
2576:Hard money loan
2548:
2542:
2523:Rent regulation
2414:
2378:
2278:
2197:
2179:
2174:
2144:
2139:
2126:
2122:
2117:
2113:
2104:
2100:
2092:
2088:
2081:
2070:Real Estate Law
2065:
2061:
2048:
2044:
2037:
2026:Real Estate Law
2021:
2017:
2004:
2000:
1992:
1988:
1973:10.2307/1274613
1953:
1949:
1941:
1937:
1929:
1925:
1916:
1912:
1893:
1889:
1876:
1872:
1857:
1853:
1840:
1839:
1835:
1826:
1824:
1811:
1810:
1806:
1797:
1795:
1790:
1789:
1782:
1751:
1744:
1729:
1725:
1716:
1712:
1704:
1700:
1691:
1687:
1678:
1671:
1662:
1658:
1647:
1643:
1632:
1628:
1607:
1603:
1583:
1579:
1575:
1570:
1551:Second mortgage
1541:Promissory note
1465:
1449:
1430:
1372:
1351:
1345:
1316:
1292:
1275:
1266:
1253:
1244:
1239:
1206:
1200:
1184:
1178:
1129:
1108:
1095:
1083:
1074:
1020:
985:mortgage in fee
946:
930:novel disseisin
814:
809:
761:mortgage broker
740:, a (licensed)
714:
701:
675:
666:
556:
517:
404:Property rights
402:
250:
188:Future interest
176:
153:Estates in land
25:
17:
12:
11:
5:
2889:
2879:
2878:
2861:
2860:
2858:
2857:
2854:List of topics
2844:
2831:
2817:
2814:
2813:
2811:
2810:
2805:
2803:Urban planning
2800:
2795:
2790:
2785:
2783:Property cycle
2780:
2775:
2770:
2765:
2760:
2755:
2750:
2745:
2743:Gentrification
2740:
2735:
2730:
2724:
2722:
2718:
2717:
2715:
2714:
2709:
2704:
2699:
2694:
2689:
2684:
2682:Moving company
2679:
2674:
2669:
2664:
2659:
2654:
2649:
2643:
2641:
2637:
2636:
2634:
2633:
2628:
2623:
2618:
2613:
2608:
2603:
2598:
2593:
2588:
2583:
2578:
2573:
2568:
2563:
2558:
2552:
2550:
2544:
2543:
2541:
2540:
2535:
2530:
2525:
2520:
2515:
2514:
2513:
2503:
2498:
2497:
2496:
2486:
2481:
2476:
2471:
2466:
2464:Eminent domain
2461:
2456:
2451:
2446:
2441:
2436:
2434:Chain of title
2431:
2425:
2423:
2422:and regulation
2416:
2415:
2413:
2412:
2407:
2402:
2397:
2392:
2386:
2384:
2380:
2379:
2377:
2376:
2371:
2366:
2361:
2356:
2355:
2354:
2349:
2344:
2339:
2334:
2329:
2319:
2314:
2309:
2304:
2299:
2298:
2297:
2286:
2284:
2280:
2279:
2277:
2276:
2274:United Kingdom
2271:
2266:
2261:
2256:
2251:
2246:
2241:
2236:
2231:
2226:
2221:
2216:
2211:
2205:
2203:
2199:
2198:
2196:
2195:
2190:
2184:
2181:
2180:
2173:
2172:
2165:
2158:
2150:
2143:
2142:External links
2140:
2138:
2137:
2120:
2111:
2098:
2086:
2079:
2059:
2042:
2035:
2015:
1998:
1986:
1967:(8): 587–607.
1947:
1935:
1923:
1910:
1887:
1877:Hannigan ASJ.
1870:
1851:
1833:
1804:
1780:
1742:
1723:
1710:
1698:
1685:
1683:, (8), , p. 2.
1669:
1656:
1641:
1626:
1601:
1576:
1574:
1571:
1569:
1568:
1563:
1558:
1553:
1548:
1543:
1538:
1533:
1528:
1523:
1518:
1513:
1511:Loan servicing
1508:
1503:
1498:
1493:
1488:
1483:
1478:
1472:
1466:
1464:
1461:
1448:
1445:
1435:recording laws
1429:
1426:
1371:
1368:
1347:Main article:
1344:
1341:
1315:
1312:
1308:mortgage notes
1291:
1288:
1274:
1271:
1265:
1262:
1252:
1249:
1243:
1240:
1238:
1235:
1231:deeds of trust
1199:
1196:
1177:
1174:
1128:
1125:
1107:
1104:
1094:
1091:
1082:
1079:
1073:
1070:
1019:
1016:
945:
942:
926:
925:
904:
813:
810:
808:
805:
713:
710:
700:
697:
674:
671:
665:
662:
638:folk etymology
621:The word is a
558:
557:
555:
554:
547:
540:
532:
529:
528:
516:
515:
510:
505:
492:
487:
479:
478:
470:
469:
468:
467:
462:
457:
452:
445:
438:
433:
428:
427:
426:
421:
411:
409:Mineral rights
406:
400:
395:
390:
385:
377:
376:
375:Related topics
372:
371:
370:
369:
364:
359:
354:
349:
344:
336:
335:
329:
328:
327:
326:
321:
318:Shelley's Case
313:
308:
300:
299:
292:
291:
290:
289:
284:
279:
274:
269:
267:Quitclaim deed
264:
259:
254:
248:
243:
232:
231:
225:
224:
223:
222:
217:
212:
207:
202:
197:
196:
195:
185:
180:
174:
169:
164:
162:Allodial title
156:
155:
149:
148:
147:
146:
141:
136:
131:
129:Treasure trove
126:
121:
116:
111:
106:
101:
96:
88:
87:
83:
82:
81:
80:
75:
70:
65:
57:
56:
52:
51:
43:
42:
34:
33:
15:
9:
6:
4:
3:
2:
2888:
2877:
2874:
2873:
2871:
2856:
2855:
2845:
2843:
2842:
2832:
2830:
2829:
2819:
2818:
2815:
2809:
2806:
2804:
2801:
2799:
2796:
2794:
2791:
2789:
2786:
2784:
2781:
2779:
2776:
2774:
2771:
2769:
2766:
2764:
2761:
2759:
2756:
2754:
2751:
2749:
2746:
2744:
2741:
2739:
2736:
2734:
2731:
2729:
2726:
2725:
2723:
2719:
2713:
2710:
2708:
2705:
2703:
2700:
2698:
2695:
2693:
2690:
2688:
2685:
2683:
2680:
2678:
2675:
2673:
2670:
2668:
2665:
2663:
2660:
2658:
2655:
2653:
2650:
2648:
2645:
2644:
2642:
2638:
2632:
2629:
2627:
2624:
2622:
2619:
2617:
2614:
2612:
2609:
2607:
2604:
2602:
2601:Mortgage loan
2599:
2597:
2594:
2592:
2589:
2587:
2584:
2582:
2579:
2577:
2574:
2572:
2569:
2567:
2564:
2562:
2559:
2557:
2554:
2553:
2551:
2549:and valuation
2545:
2539:
2536:
2534:
2533:Torrens title
2531:
2529:
2526:
2524:
2521:
2519:
2518:Real property
2516:
2512:
2509:
2508:
2507:
2504:
2502:
2499:
2495:
2492:
2491:
2490:
2487:
2485:
2482:
2480:
2477:
2475:
2472:
2470:
2467:
2465:
2462:
2460:
2457:
2455:
2452:
2450:
2447:
2445:
2442:
2440:
2437:
2435:
2432:
2430:
2427:
2426:
2424:
2421:
2417:
2411:
2408:
2406:
2403:
2401:
2398:
2396:
2393:
2391:
2388:
2387:
2385:
2381:
2375:
2372:
2370:
2367:
2365:
2362:
2360:
2357:
2353:
2350:
2348:
2347:Golf property
2345:
2343:
2340:
2338:
2335:
2333:
2330:
2328:
2325:
2324:
2323:
2320:
2318:
2315:
2313:
2310:
2308:
2305:
2303:
2300:
2296:
2293:
2292:
2291:
2288:
2287:
2285:
2281:
2275:
2272:
2270:
2267:
2265:
2262:
2260:
2257:
2255:
2252:
2250:
2247:
2245:
2242:
2240:
2237:
2235:
2232:
2230:
2227:
2225:
2222:
2220:
2217:
2215:
2212:
2210:
2207:
2206:
2204:
2200:
2194:
2191:
2189:
2186:
2185:
2182:
2178:
2171:
2166:
2164:
2159:
2157:
2152:
2151:
2148:
2134:
2130:
2124:
2115:
2108:
2102:
2095:
2090:
2082:
2080:0-13-763343-2
2076:
2072:
2071:
2063:
2056:
2052:
2046:
2038:
2036:0-13-763343-2
2032:
2028:
2027:
2019:
2012:
2008:
2002:
1995:
1990:
1982:
1978:
1974:
1970:
1966:
1962:
1958:
1951:
1944:
1939:
1932:
1927:
1920:
1914:
1906:
1902:
1898:
1891:
1884:
1880:
1874:
1866:
1862:
1855:
1847:
1843:
1837:
1823:on 2009-02-16
1822:
1818:
1814:
1808:
1793:
1787:
1785:
1776:
1772:
1768:
1764:
1760:
1756:
1749:
1747:
1738:
1734:
1727:
1721:, p. 189
1720:
1714:
1708:, p. 188
1707:
1702:
1695:
1689:
1682:
1676:
1674:
1666:
1660:
1652:
1645:
1637:
1630:
1624:
1621:, p. 178, at
1620:
1619:
1612:
1605:
1598:
1593:
1592:
1587:
1581:
1577:
1567:
1564:
1562:
1559:
1557:
1554:
1552:
1549:
1547:
1544:
1542:
1539:
1537:
1534:
1532:
1529:
1527:
1524:
1522:
1519:
1517:
1514:
1512:
1509:
1507:
1504:
1502:
1499:
1497:
1494:
1492:
1489:
1487:
1484:
1482:
1479:
1476:
1473:
1471:
1468:
1467:
1460:
1458:
1454:
1453:Mortgage note
1444:
1441:
1436:
1425:
1421:
1419:
1415:
1410:
1406:
1400:
1398:
1394:
1390:
1386:
1382:
1376:
1367:
1364:
1359:
1357:
1350:
1340:
1337:
1333:
1329:
1328:nonpossessory
1325:
1321:
1311:
1309:
1305:
1301:
1300:security deed
1297:
1296:deed of trust
1287:
1285:
1279:
1270:
1261:
1259:
1248:
1234:
1232:
1226:
1224:
1219:
1214:
1211:
1205:
1195:
1191:
1189:
1183:
1173:
1171:
1166:
1164:
1159:
1157:
1153:
1148:
1146:
1142:
1138:
1133:
1124:
1122:
1118:
1112:
1103:
1101:
1093:Legal aspects
1090:
1086:
1078:
1069:
1067:
1062:
1058:
1053:
1051:
1050:
1045:
1041:
1035:
1033:
1029:
1028:Francis Bacon
1025:
1015:
1011:
1009:
1006:
1002:
998:
994:
990:
986:
982:
978:
974:
969:
967:
963:
959:
955:
951:
950:term of years
941:
939:
935:
931:
923:
920:
916:
913:
909:
905:
902:
899:
895:
892:
888:
884:
883:
882:
880:
876:
875:real property
872:
869:
865:
860:
858:
854:
849:
848:consideration
845:
842:
838:
834:
830:
827:
823:
819:
804:
802:
798:
794:
790:
786:
782:
781:
777:
773:
768:
766:
762:
757:
755:
751:
747:
743:
739:
735:
731:
727:
723:
719:
709:
706:
696:
694:
689:
686:
684:
680:
670:
661:
659:
655:
654:mortgage loan
650:
645:
643:
639:
635:
631:
630:
624:
619:
617:
613:
607:
605:
601:
597:
596:
595:
589:
588:mortgage loan
585:
581:
580:real property
577:
573:
569:
565:
553:
548:
546:
541:
539:
534:
533:
531:
530:
527:
523:
520:
514:
511:
509:
506:
504:
500:
496:
493:
491:
488:
486:
483:
482:
481:
480:
476:
472:
471:
466:
463:
461:
458:
456:
453:
451:
450:
446:
444:
443:
439:
437:
434:
432:
429:
425:
422:
420:
417:
416:
415:
412:
410:
407:
405:
401:
399:
396:
394:
391:
389:
386:
384:
381:
380:
379:
378:
374:
373:
368:
365:
363:
360:
358:
355:
353:
350:
348:
345:
343:
340:
339:
338:
337:
334:
331:
330:
325:
322:
320:
319:
314:
312:
309:
307:
304:
303:
302:
301:
297:
294:
293:
288:
285:
283:
280:
278:
275:
273:
270:
268:
265:
263:
260:
258:
255:
253:
249:
247:
246:Torrens title
244:
242:
240:
236:
235:
234:
233:
230:
227:
226:
221:
218:
216:
213:
211:
208:
206:
203:
201:
198:
194:
191:
190:
189:
186:
184:
181:
179:
175:
173:
170:
168:
165:
163:
160:
159:
158:
157:
154:
151:
150:
145:
142:
140:
137:
135:
132:
130:
127:
125:
122:
120:
117:
115:
112:
110:
107:
105:
102:
100:
97:
95:
92:
91:
90:
89:
85:
84:
79:
76:
74:
73:Real property
71:
69:
66:
64:
61:
60:
59:
58:
54:
53:
49:
45:
44:
40:
36:
35:
32:
29:
28:
23:
2852:
2840:
2826:
2773:Land banking
2672:Land banking
2657:Buyer broker
2631:Rental value
2454:Conveyancing
2264:Saudi Arabia
2132:
2123:
2114:
2101:
2089:
2069:
2062:
2050:
2045:
2025:
2018:
2001:
1989:
1964:
1960:
1950:
1942:
1938:
1930:
1926:
1918:
1913:
1904:
1900:
1890:
1882:
1873:
1864:
1860:
1854:
1845:
1836:
1825:. Retrieved
1821:the original
1807:
1796:. Retrieved
1758:
1754:
1739:(1): 69–102.
1736:
1732:
1726:
1713:
1701:
1693:
1688:
1680:
1664:
1659:
1650:
1644:
1635:
1629:
1623:Google Books
1616:
1610:
1604:
1595:
1590:
1586:Coke, Edward
1580:
1531:MortgageLoan
1450:
1431:
1422:
1412:retains the
1401:
1396:
1388:
1384:
1377:
1373:
1360:
1352:
1317:
1314:The mortgage
1293:
1280:
1276:
1267:
1254:
1251:Title theory
1245:
1227:
1218:non-recourse
1215:
1207:
1192:
1185:
1167:
1160:
1149:
1134:
1132:or sell it.
1130:
1113:
1109:
1096:
1087:
1084:
1075:
1054:
1047:
1036:
1021:
1012:
988:
984:
980:
976:
972:
970:
958:shifting fee
957:
953:
947:
938:freeholder's
933:
927:
921:
914:
907:
900:
893:
886:
879:gage of land
878:
861:
856:
828:
821:
815:
799:or American
792:
788:
784:
778:
769:
758:
738:South Africa
736:, including
722:jurisdiction
715:
702:
690:
687:
676:
667:
646:
626:
620:
608:
592:
591:
563:
561:
518:
508:Criminal law
485:Contract law
447:
440:
414:Water rights
317:
271:
252:Strata title
238:
229:Conveyancing
210:Condominiums
46:Part of the
31:Property law
2798:Urban decay
2652:Buyer agent
2474:Foreclosure
2469:Encumbrance
2342:Arable land
2254:Puerto Rico
2202:By location
2177:Real estate
1719:McNall 2009
1706:McNall 2009
1546:Refinancing
1418:foreclosure
1336:Foreclosure
1264:Lien theory
1145:foreclosing
1040:foreclosure
934:ut de vadio
887:living gage
877:known as a
868:usufructory
857:in personam
742:conveyancer
734:English law
649:real estate
642:foreclosure
634:Middle Ages
220:Land tenure
215:Real estate
178:Life estate
86:Acquisition
2753:Green belt
2626:Remortgage
2410:Relocation
2209:Bangladesh
1994:"Mortgage"
1867:: 114–122.
1827:2009-02-10
1798:2008-01-30
1573:References
1566:Trust deed
1447:Assignment
1356:foreclosed
1324:instrument
1202:See also:
1180:See also:
1100:Common law
1005:fee simple
977:defeasance
864:Norman law
841:fee simple
789:hypothèque
783:(e.g., Sp
718:conveyance
693:registered
623:Law French
582:held by a
572:common law
526:Common law
475:common law
436:Assignment
296:Future use
167:Fee simple
144:Alienation
48:common law
2738:Filtering
2728:Companies
2647:Appraiser
2528:Severance
2224:Indonesia
1775:157705999
1486:Financing
1455:, may be
1440:foreclose
1210:foreclose
1141:Tax liens
993:feoffment
915:mort gage
908:dead gage
833:reversion
780:hypotheca
772:civil law
750:civil law
730:solicitor
600:civil law
460:Blackacre
393:Partition
241:purchaser
239:Bona fide
193:remainder
119:Accession
114:Discovery
2876:Mortgage
2870:Category
2828:Category
2733:Eviction
2677:Landlord
2479:Land law
2244:Pakistan
2188:Property
1907:: 46–50.
1501:Hypothec
1463:See also
1457:assigned
1428:Priority
1409:eviction
1170:Pakistan
1163:Scotland
1068:regime.
922:deid wad
894:vif gage
866:was the
853:Scotland
793:Hypothek
785:hipoteca
726:attorney
705:borrower
616:borrower
612:security
594:Hypothec
564:mortgage
513:Evidence
490:Tort law
442:Nemo dat
424:riparian
383:Fixtures
362:Covenant
357:Usufruct
347:Easement
316:Rule in
272:Mortgage
172:Fee tail
134:Bailment
109:Conquest
22:Mortgage
2841:Commons
2758:Indices
2640:Parties
2439:Closing
2383:Sectors
2096:(1999).
1981:1274613
973:charter
837:charter
807:History
791:, Germ
570:of the
503:estates
298:control
287:Escheat
139:License
2846:
2833:
2820:
2778:People
2712:Tenant
2538:Zoning
2259:Russia
2249:Panama
2234:Turkey
2214:Canada
2077:
2033:
1979:
1773:
1597:Tenant
1024:equity
1008:estate
966:tenure
912:Norman
891:Norman
871:pledge
844:estate
829:wedset
822:wadset
584:lender
499:trusts
473:Other
352:Profit
50:series
2721:Other
2494:Lease
2283:Types
2239:Kenya
2229:Italy
2219:China
1977:JSTOR
1771:S2CID
1477:- CMO
1137:banks
999:, or
983:(aka
919:Scots
898:Welsh
846:, in
787:, Fr
776:Latin
629:below
566:is a
495:Wills
477:areas
388:Waste
55:Types
2459:Deed
2075:ISBN
2031:ISBN
1618:Link
1332:lien
1284:lien
1044:lien
906:the
901:prid
885:the
627:see
604:lien
524:and
501:and
342:Lien
104:Deed
94:Gift
2420:Law
1969:doi
1763:doi
1168:In
1161:In
873:of
816:In
763:or
728:or
578:in
522:Law
2872::
2053:,
1975:.
1965:10
1963:.
1959:.
1905:15
1903:.
1899:.
1881:.
1863:.
1844:.
1815:.
1783:^
1769:.
1759:41
1757:.
1745:^
1737:54
1735:.
1672:^
1615:.
1594:.
1588:.
1034:.
995:,
917:,
896:,
839:a
826:ME
803:.
756:.
644:.
618:.
606:.
590:.
562:A
497:,
2169:e
2162:t
2155:v
2109:.
2083:.
2039:.
1983:.
1971::
1885:.
1865:5
1848:.
1830:.
1801:.
1777:.
1765::
1667:.
910:(
889:(
824:(
551:e
544:t
537:v
24:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
