A Treatise on the Law of Mortgages of Real Property, Volume 2

Front Cover
Houghton, Osgood, 1879 - Mortgages
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Contents

Foreclosure does not constitute Payment 950
49
Who may receive Payment and make Discharge 956
54
Discharge by Mistake or Fraud 966
62
Form and Construction of Discharge 972
68
Entry of Satisfaction of Record 989
78
Statutory Provisions for Entering Satisfaction of Record 992
81
CHAPTER XXII
99
Circumstances affecting Redemption 1047
104
When Redemption may be made 1052
109
Who may redeem 055
112
The Sum payable to effect Redemption 100
137
Contribution to redeem 089
138
Pleadings and Practice on Bills to redeem 1093
142
CHAPTER XXIII
158
What the Mortgagee is chargeable with 1121
163
Allowances for Repairs and Improvements 1126
169
Allowance for Compensation 1132
171
Allowances for Disbursements 1134
173
Annual Rests 1139
175
The Statute of Limitations applies by Analogy 1144
181
When the Statute begins to run 1152
185
What prevents the Running of the Statute 1162
191
CHAPTER XXV
197
CHAPTER XXVI
213
WHEN THE RIGHT TO FORECLOSE IS BARRED 1192
214
CHAPTER XXVII
233
Personal Remedy after Foreclosure 1227
242
Sale of Mortgaged Premises on Execution for Mortgage Debt 1229
243
Remedy as affected by Bankruptcy 1231
245
FORECLOSURE BY ENTRY AND POSSESSION 1 Nature of the Remedy 1237
252
Statutory Provisions 1239
253
The Entry 1246
259
The Possession 1258
264
The Certificate of Witnesses 1259
265
The Certificate of the Mortgagor 1261
266
When the Limitation commences 1262
267
Record of the Certificate 1263
268
Waiver of Entry and Foreclosure 1265
269
CHAPTER XXIX
275
Against whom the Action may be brought 1290
283

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Common terms and phrases

Popular passages

Page 358 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 359 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 298 - A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Page 310 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real . estate or personal property ; which action must be in accordance with the provisions of this chapter.
Page 310 - In such action, the court may, by its judgment, direct a sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due to the plaintiff...
Page 455 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Page 412 - A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 310 - Sheriff's return that the proceeds are insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien on the real estate of such judgment debtor, as in other cases on which execution may be issued.
Page 179 - An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained.
Page 310 - No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the action, need be made a party to such action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been a party to the action.

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