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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. [1] Today, most mortgages are granted by statutory charge rather than by a formal conveyance, although theoretically there is usually nothing to stop two ...
Vernon v Bethell (1762) 28 ER 838 is 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,
Santley v Wilde [1899] 2 Ch 474 is a decision of the English Court of Appeal in relation to the legal nature of a mortgage, and to what extent a provision in a mortgage may be struck down as a fetter or "clog" on the equity of redemption.
The English Court of Appeal held that the provision was invalid because it constituted "a clog" on the equity of redemption, and that notwithstanding the property was located in a country that did not recognise the concept of an equity of redemption, the English courts would nevertheless apply the doctrine on the basis that the agreement was ...
Redemption timelines can be longer or shorter depending on other factors, like whether or not the house was abandoned and the amount owed on the original mortgage loan. How borrowers can exercise ...
Floating charge, option, exclusivity, restraint of trade, equity of redemption Kreglinger v New Patagonia Meat & Cold Storage Co Ltd [1913] UKHL 1 is an English property law and UK insolvency law case, concerning whether an exclusivity agreement for buying sheepskins, that accompanied a loan, frustrated the borrower's right to pay off and ...
8 Options for Passive Investment in Real Estate. Fortunately, you have countless ways to invest in real estate passively. They typically fall into one of these eight broad buckets.
Fairclough v Swan Brewery Co Ltd, [1] is a land law case, in which the Privy Council held that restrictions on the right to redeem a mortgage are void. The equity of redemption means that borrowers are able to sell or obtain new mortgage finance promptly and without impinging on other dependent transactions.