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单词 equitable mortgage
释义

Equitable mortgage


EQUITABLE MORTGAGE, Eng. law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security. 2 Pow. on Mort. 49 to 61; 1 Mad. Ch. Pr. 537; 4 Madd. R. 249; 1 Bro. C. C. 269; 12 Ves. 197; 3 Younge & J. 150; 1 Rus. R. 141.
2. In Pennsylvania, there is no such thing as an equitable mortgage. 3 P. S. R; 233; 3 Penna. R. 239; 17 S. & R. 70; 1 Penna. R. 447.

equitable mortgage


equitable mortgage

The declaration by a court that an instrument by which one is to pay money to another and,as a result,receive title to real property when all payments have been completed is in reality a mortgage,and the parties will be treated as if they had all the rights and responsibilities of a mortgage relationship.The exception is if an innocent third party buys the property; then the equitable mortgagor—the person making the payments—cannot recover the property but may only sue the seller for damages.See also equitable lien.

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更新时间:2024/12/23 8:18:10