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A Manual of the Law of Mortgage of Real Estate: For the Use of Students and ...
Philip Foster Aldred
No preview available - 2009
37 Vict action agreement amount apply arrear assignment attornment clause bankruptcy Barrister-at-Law Beav charge claim closure constructive notice contract convey Conveyancing Act copyholds costs Court covenant creditor debt debtor default defendant deposit entitled to redeem equitable charge equitable mortgage equity of redemption estate in land fore foreclosed foreclosure gagee gagor held Hypothecation incum incumbrance incumbrancer Inner Temple interest Judicature Act L. C. Eq L. J. Ch land lease leasehold legal estate lessee liable ment Middle Temple mort mortgage deed mortgage money mortgaged property mortgagee in possession mortgagor mortgagor and mortgagee notice obtained paid party payment of principal perty plaintiff power of sale prior mortgagee priority provisions purchaser receiver reconvey remedies rents and profits right of redemption right to redeem rule sale conferred second mortgagee Smith solicitor statute tack tenant thereof thinks fit tion title deeds transfer trustee Whiteacre
Page 49 - ... keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver ; and . (iii.) In payment of his commission, and of the premiums on fire, life, or other insurances, if any, properly payable under the mortgage deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee ; and...
Page 102 - Land or Hereditaments so charged shall, as between the different Persons claiming through or under the deceased Person , be primarily liable to the Payment of all Mortgage Debts with which the same shall be charged, every Part thereof, according to its Value, bearing a proportionate Part of the Mortgage Debts charged on the whole thereof...
Page 79 - Act, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorize the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised ; but any person damnified by an unauthorized, or improper, or irregular exercise of the power shall have his remedy in damages against the person exercising the power (y).
Page 55 - Act, be effected by a mortgagee in any of the following cases:— (i.) Where there is a declaration in the mortgage deed that no insurance is required. (ii.) Where an insurance is kept up by or on behalf of the mortgagor in accordance with the mortgage deed, (iii.) Where the mortgage deed contains no stipulation respecting insurance, and an insurance is kept up by or on behalf of the mortgagor, to the amount in which the mortgagee is by this Act authorized to insure.
Page 155 - That the mortgagor will, on the stated day, pay to the mortgagee the stated mortgage money, with interest thereon in the meantime at the stated rate, and will thereafter, if and as long as the mortgage money or any part thereof remains unpaid, pay to the mortgagee interest thereon, or on the unpaid part thereof, at the stated rate, by equal half-yearly payments, the first thereof to be made at the end of six calendar...
Page 65 - Court, on the request of the mortgagee, or of any person interested either in the mortgage money or in the right of redemption, and, notwithstanding the dissent of any other person, and...
Page 47 - Act, but may then, by writing under his hand, appoint such person as he thinks fit to be receiver. (-2.) The receiver shall be deemed to be the agent of the mortgagor ; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage deed otherwise provides.
Page 36 - ... (14.) Nothing in this Act shall prevent the mortgage deed from reserving to or conferring on the mortgagor or the mortgagee, or both, any further or other powers of leasing or having reference to leasing ; and any further or other powers so reserved or conferred shall be...
Page 117 - The question, when it is sought to affect a purchaser with constructive notice, is not whether he had the means of obtaining, and might by prudent caution have obtained the knowledge in question, but whether the not obtaining it was an act of gross or culpable negligence.