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Property, James E. Krier, Gilbert Law Summaries...

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dave-lindell
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The most common phrase in our house is, "I was going to tell you about...,but you were asleep."


 
Posted : August 6, 2017 9:19 pm
dave-karoly
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Property law is fascinating and intricate.

I learned there are two types of Mortgage states, title theory states and lien theory states. This applies to the Deed of Trust too. A Mortgage is a 2 party document which requires a lawsuit to foreclose in some states. A Deed of Trust is a 3 party document and is popular in some states (such as California) because it easier to foreclose there being no Judicial action required.

In title theory states the legal title is transferred to the mortgagee and the mortgagor retains an equitable right of redemption. In lien theory states the mortgagor retains the legal title and the mortgagee only gets a lien on the property. This is important in joint tenancy because if one of the joint tenants mortgages his share then dies whether the mortgage dies with him varies. In title theory states the joint tenancy is severed by the Mortgage therefore the Mortgage company is entitled to the mortgagee's share whereas in lien theory states the Mortgage dies with the joint tenant and the surviving joint tenant takes the whole property free of the Mortgage. California is a lien theory state (People v. Nogarr, 164 Cal.App.2d 591-1958).


 
Posted : August 23, 2017 8:53 pm
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