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Full-Text Articles in Law
Bad Timing For Deeds In Lieu, Roger Bernhardt
Bad Timing For Deeds In Lieu, Roger Bernhardt
Publications
This article discusses the right of redemption and the rule against clogging and why a deed in lieu that is given after the mortgage has already been executed may be enforceable notwithstanding that one given at the same time as the mortgage is not.
Hiding A Mortgage Too Well, Roger Bernhardt
Hiding A Mortgage Too Well, Roger Bernhardt
Publications
This article considers the California case Garcia v. Roberts, showing that a sale and leaseback can actually be a mortgage, with the twist that if title to the property goes directly to the lender from a third party seller, rather than from the borrower, the mortgage is one of purchase money rather than refinance.