From: owner-ammf-digest@smoe.org (alt.music.moxy-fruvous digest) To: ammf-digest@smoe.org Subject: alt.music.moxy-fruvous digest V14 #4794 Reply-To: ammf@fruvous.com Sender: owner-ammf-digest@smoe.org Errors-To: owner-ammf-digest@smoe.org Precedence: bulk alt.music.moxy-fruvous digest Monday, August 17 2020 Volume 14 : Number 4794 Today's Subjects: ----------------- Congratulations, Youâve been nominated for inclusion ["Joan Riley" <*Joan] ---------------------------------------------------------------------- Date: Mon, 17 Aug 2020 05:24:06 -0400 From: "Joan Riley" <*JoanRiley*@onlyhappye.bid> Subject: Congratulations, Youâve been nominated for inclusion Congratulations, Youbve been nominated for inclusion http://onlyhappye.bid/zyUlDxFwV_20BI6Fu_abWoATeGlL1urtftcINWP8HSixv0-t http://onlyhappye.bid/XZUW3Kn4Ok0w5gss-x5AOMOh760v4fdOSvs3Kx2uNxwBg2BL Title theory is "the idea that a mortgage transfers legal title of the mortgaged property from the mortgagor to the mortgagee, which retains it until the mortgage has been satisfied or foreclosed. Only a few American States...have adopted this theory." Under title theory, a mortgage has the effect of a deed passing legal title, though conditionally, of the mortgaged property to the mortgagee (the lender in a loan agreement being secured by the mortgage), with so-called "equitable title" (which is really equity of redemption) being retained by the mortgagor (the borrower in the loan). The fact of the mortgagor's retaining of the "equity of redemption" is the fact which renders the passing of title under title theory conditional. Mortgages within title theory jurisdictions, then, may be viewed as having the action of what might be called "conditional deeds". Though legal title is passed pursuant to a mortgage therein, the arrangement is generally construed by courts to recognize the mortgagor as "owner" of the mortgaged property within title theory jurisdictions. Even so, foreclosure of the property as a remedy for default under title theory is most often extrajudicial (non-judicial). Lien Theory Lien theory is "the idea that a mortgage resembles a lien, so that...", pursuant to a mortgage, "...the mortgagee acquires only a lien on the property and the mortgagor retains both legal and equitable title unless a valid foreclosure occurs. Most American states...have adopted this theory." Sometimes this theory is referred to as the "Equitable Theory of Mortgages". Under lien theory. a mortgage acts to place a lien on the mortgaged property in favor of the mortgagee, and legal title is retained by the mortgagor. Judicial foreclosure is most often necessary as a remedy to default pursuant to mortgages within lien theory jurisdictions, and this process has been found to be cumbersome, time consuming and costly. Resultantly, lenders within lien theory jurisdictions most often have recourse to non-mortgage instruments for the securement of loans, which instruments usually take the form of trust deeds or, within the State of Georgia, the security deed. Deeds always act to convey legal title to a parcel of real property, and the ubiquitous usage of such deeds within lien theory jurisdictions has generally served to subvert the action of mortgages therein. Intermediate Theory, and general considerations Under what has come to be called the "intermediate theory" of mortgages, a mortgage is viewed as creating a lien on the mortgaged property until such a time as an event of default occurs pursuant to the loan contract. After such a time, the same mortgage is construed under title theory. This is accomplished by the inclusion of a stipulation within the loan contract to the effect that the borrower is allowed to retain legal title to the collateralized property with the express agreement that the lender may foreclose in a non- or extra-judicial manner if the borrower defaults on the loan. In the United States, more states are lien-theory states than are title-theory or intermediate- theory states. In title-theory states, a mortgage continues to be a conveyance of legal title to secure a debt, while the mortgagor still retains equitable title. In lien-theory states, mortgages and deeds of trust have been redesigned so that they now impose a nonpossessory lien on the title to the mortgaged property, while the mortgagor still holds both legal and equitable title. ------------------------------ End of alt.music.moxy-fruvous digest V14 #4794 **********************************************