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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/retpmrtges0030 and id is 1 raw text is: PROPERTY 3D: MORTGAGES Generally Neb.2021. Cit. generally in sup. Estate of deceased seller of real property sued buyer, seeking, among other things, to eject defendant from the property, because defendant defaulted on his yearly installment payments under the land contract between decedent and defendant. The trial court entered judgment for plaintiff and granted plaintiff's request to eject defendant. This court reversed and remanded, holding that plaintiff could not seek defendant's ejectment for default, because the land contract did not mandate that defendant forfeit his equitable ownership of the property upon failure to make yearly payments in full. Citing the Restatement Third of Property: Mortgages, the court reasoned that the seller of real property retained legal title until the buyer conveyed the purchase money in full, because a land contract created a mortgage, but a seller could not, on its own volition, terminate the buyer's right to possession of the property. Beckner v. Urban, 962 N.W.2d 497, 507. CHAPTER 3. MORTGAGOR'S EQUITY OF REDEMPTION AND MORTGAGE SUBSTITUTES § 3.4 A Contract for Deed Creates a Mortgage Neb.2021. Subsec. (a) and (b) quot. in sup.; com. (a) cit. in sup. Estate of deceased seller of real property sued buyer, seeking, among other things, to eject defendant from the property, because defendant defaulted on his yearly installment payments under the land contract between decedent and defendant. The trial court entered judgment for plaintiff and granted plaintiff's request to eject defendant. This court reversed and remanded, holding that plaintiff could not seek defendant's ejectment for default. The court observed that plaintiff owned a mortgage burdening the property through the land contract, which, under Restatement Third of Property: Mortgages § 3.4, meant that it could regain possession of the property upon defendant's default, but state law disfavored such forfeiture unless it was justified by the equitable circumstances. Beckner v. Urban, 962 N.W.2d 497, 507. CHAPTER 4. RIGHTS AND DUTIES OF THE PARTIES PRIOR TO FORECLOSURE § 4.1 Mortgage Creates Security Interest Only C.A.1, 2021. Com. (a) quot. in sup. Beneficiary of deceased mother's estate sued co-executrixes of the estate, alleging, inter alia, that defendants failed to discharge the mortgage burdening plaintiff's Massachusetts condominium unit pursuant to the terms of a mortgage agreement between plaintiff and decedent. The district court granted defendants' motion to dismiss. This court reversed in part and remanded, holding that it had personal jurisdiction over defendants, because plaintiff's claims arose from decedent's interest in the Massachusetts property such that she satisfied Massachusetts long-arm COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A -I-I 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.

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