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Mortgagee - Law Dictionary Search Results

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open mortgage clause

open mortgage clause : a mortgage clause which provides that payments go first to the mortgagee to the extent of its interest and which makes the mortgagee's right to receive payment dependent on the

Puisne

Act, 1925, s. 2 (4)]. The term is also used as meaning later for subsequent with reference to mortgagees and the like, e.g., puisne mortgagees.

Presentation

patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or

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Lensee

Lensee, means the lessee in possession. The lessee in possession cannot rely on the counter-notice served by the mortgagee, Church Comrs for England v. Ve-Ri-Best Manufacturing Co., (1957) 1 QB 238; see also Smith v. Spaul, 2003

Lis pendens

3 Vict. c. 11), s. 7, it was enacted that no lis pendens shall bind a purchaser or mortgagee without express notice thereof unless registered and re-registered as prescribed by the Act. The Judgment Act, 1839, was

Manager

conductor, or director. As to the appointment of a manager of a business at the instance of a mortgagee, see Coote on Mortgages. As to managers appointed by debenture holders, see (English) Companies Act, 1929, s. 86,

Mortgage by conditional sale

of a mortgage by conditional sale postulates the creation by the transfer of a relation of mortgagor and mortgagee, the price being charged on the property conveyed. In a sale coupled with an agreement to reconvey there

Power

(see ibid., s. 1 (8)) which can operate in law after 1925, i.e., the powers vested in legal mortgagee; the powers vested in an estate owner and exercisable by him or on his behalf; certain statutory powers

Shikmi

contract, would be liable to pay rent for such land to that occupant, but does not include a mortgagee or a person holding land directly from Government', Maulana Shamsuddin v. Khushilal, AIR 1978 SC 1740 (1742): (1979)

Private transfer

including that of his legal representative, is attached, but would not include a sale or transfer made by mortgagee with a power of sale, S.V.S. Davey & Sons v. P.M. Narainaswamy, 1983 Mad 217: (1983) 96 Mad

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