About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/retpmrtges0025 and id is 1 raw text is: PROPERTY 3D: MORTGAGES CHAPTER 5. TRANSFERS OF MORTGAGED REAL ESTATE AND MORTGAGES § 5.4 Transfer of Mortgages and Obligations Secured by Mortgages Ala.App.2016. Rptr's Note quot. in case quot. in disc. Bank filed a complaint for ejectment against property owners, alleging that defendants' property had been foreclosed on and sold to plaintiff. The trial court granted plaintiff's motion for summary judgment. This court affirmed, holding, inter alia, that plaintiff had the right to foreclose on the property because the original mortgage holder had assigned both the promissory note and the mortgage to plaintiff. The court cited Restatement Third of Property: Mortgages § 5.4 in explaining that, although plaintiff would have lacked the right to foreclose if the original mortgage holder had only assigned the mortgage to plaintiff, there was no dispute of material fact that plaintiff had been assigned both the mortgage and the promissory note before the foreclosure on defendants' property. Turner v. Wells Fargo Bank, N.A., 254 So.3d 194, 205. CHAPTER 7. PRIORITIES § 7.1 Effect of Mortgage Priority on Foreclosure Me.2019. Quot. in disc.; Rptr's Note quot. in disc. Condominium association brought a lawsuit against condominium owners, seeking a declaratory judgment regarding the enforceability of an amendment to its lease on the condominium. The trial court granted in part plaintiff's motion for summary judgment, finding that the amendment was enforceable. This court vacated the judgment of the trial court and remanded, holding that a foreclosure sale arising from the property's mortgage extinguished the amendment because the amendment was an encumbrance junior to the mortgage. The court cited Restatement Third of Property: Mortgages § 7.1 in explaining that valid foreclosure sales terminated all interests junior to the mortgage, because the purpose of a foreclosure was to give the foreclosure-sale purchaser essentially the same title to the property as possessed by the mortgagor at the time when the mortgage was executed. Littlebrook Airpark Condominium Association v. Sweet Peas, LLC, 199 A.3d 677, 680. COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most