Equitable Mortgages & "Deeds Absolute Given As Security" For Loans

HomeEquityTheft.blogspot.com
Recent posts have referred to what I have learned is a centuries-old real estate law doctrine of "Equitable Mortgage." It is a doctrine that has been created and applied by the courts in cases where money lenders would attempt to disguise a loan as a sale with a simultaneously executed lease back or buy back agreement, generally intended as an attempt to evade usury laws as well as to evade the hassle of having to go through the foreclosure process, thereby purportedly destroying the redemption rights of property owners. Based on the recent cases I've reported on, it seems that this doctrine has and can be successfully used to void home sales by financially strapped homeowners to foreclosure rescue operators. I expect that there will be more attorneys taking on cases such as these in defending the rights of victimized homeowners.

I have put together a description of what generally is meant by the "equitable mortgage" doctrine, specifically within the context of a "deed, absolute in form, given as security" by a property owner for a loan, which has been the legal issue involved in the recent equitable mortgage posts.

Because of space limitations, I have posted the description here, for those of you who are interested.

Click here to search for other posts on this blog on equitable mortgages.
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