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once a mortgage, always a mortgage |
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once a mortgage, always a mortgage A maxim signifying the rule that an instrument originally intended as a security instrument cannot be converted to a deed.It has reference to the practice of amending a mortgage to give up a right of redemption or an equity of redemption and thereby give permanent legal title to the lender.Parties may accomplish the same result,but they must do so in a separate legal instrument with its own consideration and the passage of title as of that date and time.Otherwise,the lender must foreclose to obtain full legal title.Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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