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DECLARATION IN SUPPORT OF EQUITABLE MORTGAGE IN THE MATTER OF MORTGAGE BY DEPOSIT OF TITLE DEEDS IN RESPECT OF IMMOVABLE PROPERTY
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This is a precedent of a Declaration in Support of Equitable Mortgage in the matter of Mortgage by deposit of title deeds in respect of immovable property. Equitable Mortgage is a normally executed with an intent to create a mortgage by deposit of title deeds of the property as a security to secure the Mortgage Debt.
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TRANSFER OF MORTGAGE
This is a precedent of a Transfer of Mortgage where the Mortgagee is transferee to another Mortgagee.
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RELEASE OF MORTGAGE
This is a precedent of a Release of Mortgage where the Mortgagor has paid to the Mortgagee the mortgage debt under the Mortgage Deed and Mortgagee releases the mortgaged property from the charge of Mortgagee.
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INDENTURE OF SECOND MORTGAGE
This is a precedent of an Indenture of Second Mortgage. The First Mortgage has priority over the Second Mortgage.
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CONVEYANCE OF AN IMMOVABLE PROPERTY IN FAVOUR OF THE MORTGAGEE
The property is already mortgaged to the Mortgagee. The Vendor/Mortgagor is unable to redeem the mortgage by paying mortgage debt to the Mortgagee. Hence, decides to sell the property to the Mortgagee. This is the precedent of Conveyance of an immovable property in favour of the Mortgagee.
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DEED OF RECONVEYANCE OF MORTGAGED PROPERTY
This is a precedent of a Deed of Re-conveyance of Mortgaged Property where the Mortgagor has repaid the mortgage debt to the Mortgagee and Mortgagee executes into the Deed of Re-conveyance of Mortgaged property.
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SUIT FOR REDEMPTION OF MORTGAGE
The property is mortgaged. The Mortgagor desires to redeem the mortgaged property through Court. This is a precedent of suit for Redemption of Mortgage.
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SUIT FOR FORECLOSURE OF MORTGAGE
The Defendants have availed financial facility from the Plaintiff against the Mortgage of their property. The Defendants have failed to pay the mortgage debt to the Plaintiff. The Defendants have failed to redeem the Mortgage. The Plaintiff claims to be entitled to foreclosure the mortgage and become the Owner of the mortgaged property. This is the precedent of a suit for foreclosure of mortgage.
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DEED OF MORTGAGE BY CONDITIONAL SALE
This is a precedent of Deed of Mortgage by Conditional Sale where there occurs an ostensible sale, which is converted into absolute sale in the event that the Seller/Mortgagor is unable to repay the loan/Mortgage Debt to the Purchaser/Mortgagee.
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DEED OF SIMPLE MORTGAGE
This is a precedent of Deed of Simple Mortgage. The Simple Mortgage gives full right to cause the property to be sold through a court of law and recover Mortgage debt if Mortgagor fails to pay the Mortgage Debt to the Mortgagee.
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CONVEYANCE OF IMMOVABLE PROPERTY SUBJECT TO EXISTING MORTGAGE
The property is already mortgaged. The Vendor is unable to redeem the mortgage. However, the Purchaser is willing to buy the property subject to existing mortgage. This is the precedent of Conveyance of an immovable property in favour of the Purchasers who is willing to buy subject to the existing mortgage.
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DEED OF USUFRUCTARY MORTGAGE
This is a precedent of a Deed of Usufructuary Mortgage where the mortgagor delivers the possession and right to enjoy an income of and from the property to the Mortgagee.
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SUIT FOR SALE OF MORTGAGED PROPERTY (SIMPLE MORTGAGE)
The property is mortgaged. Mortgaged debt is not paid. Mortgaged Property is required to be sold through Court. This is a precedent of suit for Sale of Mortgaged Property and for consequential reliefs.
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