equity of redemption


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equity of redemption

n.
The right of one with mortgaged property to recover the property after it has been foreclosed upon for breach of the terms of the mortgage by complying with the terms (such as payment of the amount owed) within a reasonable time.
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

equity of redemption

n
(Law) property law the right that a mortgager has in equity to redeem his property on payment of the sum owing, even though the sum is overdue. See also foreclose
Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014
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The defendants are entitled to equity of redemption in judicial foreclosure proceedings-that is, they may pay the amount ascertained by the court to be due upon the mortgage debt, including interests and other charges, and costs to the court or plaintiff within a period not less than 90 days nor more than 120 days from the entry of judgment.
On foreclosing real estate mortgage
There was no appeal and the relevant period passed without the exercise of the equity of redemption.
In Connecticut, court has discretion to admit appraisal report that does not satisfy Uniform Standards of Professional Appraisal Practice
In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption (7) who purchases the property at the foreclosure sale of a senior lien acquires a title free and clear of junior interests.
FORECLOSURE PURCHASE BY THE HOLDER OF THE EQUITY OF REDEMPTION
This Part focuses on a variety of fact situations where the original mortgagor or the holder of the equity of redemption purchases at the foreclosure of a senior mortgage or other lien.
(52) As the holder of the equity of redemption who purchased at a foreclosure sale that she precipitated, the assuming transferee is thus treated no differently than the original mortgagor.
We already have learned that if a mortgagor (or other holder of the equity of redemption) and a third party collude to have the latter purchase at the foreclosure sale and then transfer title back to the mortgagor, junior interests revive upon the mortgagor's reacquisition of title.
Under this approach, the original holder of the equity of redemption, albeit tainted by unclean hands, becomes the beneficiary of a policy designed to protect bona fide purchasers and foster real estate marketability.
The foreclosure purchase by the equity of redemption holder or other junior interests: when should principles of fairness and morality trump normal priority rules?

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