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The assumption of a mortgage by the purchaser is typically included as part of the deed, although there is no requirement that it has to be in writing. In most jurisdictions, an explicit assumption is required. If a deed is silent or ambiguous on the matter, the court will assume the purchaser did not intend to assume the mortgage.
An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee. [1]
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
Assumption Cathedral (disambiguation) Church of the Assumption (disambiguation) Debt Assumption, the US policy under Alexander Hamilton to assume the war debt of some states; Entering heaven alive; L'Assomption River, Quebec, Canada; List of churches consecrated to Santa Maria Assunta ("Assunta" is the Italian for Assumption) Presupposition ...
Estoppel by convention in English law (also known as estoppel by agreement) occurs where two parties negotiate or operate a contract but make a mistake. If they share an assumption, [37] belief, or understanding of the contract's interpretation or legal effect, then they are bound by it, if: [citation needed]
An axiom, postulate, or assumption is a statement that is taken to be true, to serve as a premise or starting point for further reasoning and arguments. The word comes from the Ancient Greek word ἀξίωμα ( axíōma ), meaning 'that which is thought worthy or fit' or 'that which commends itself as evident'.
Private property is a legal designation for the ownership of property by non-governmental legal entities. [1] Private property is distinguishable from public property , which is owned by a state entity, and from collective or cooperative property, which is owned by one or more non-governmental entities . [ 2 ]
Arguendo is a Latin legal term meaning for the sake of argument. "Assuming, arguendo, that ..."and similar phrases are used in courtroom settings, academic legal settings, and occasionally in other domains, to designate provisional and unendorsed assumptions that will be made at the beginning of an argument in order to explore their implications.