Equitable Mortgage Defense In A Homeowner - Tenant Eviction

The use of an "equitable mortgage" defense in an eviction where a party was being evicted from a property to which the party claimed ownership of pursuant to the equitable mortgage doctrine (the transaction was that of a purported "sale" of the property followed by a subsequent purported "leaseback" arrangement) was involved in two recent cases. To read more, see

• Equitable Mortgage Defense In Homeowner - Tenant Eviction - Part 2, involving a 2006 Minnesota court case, and

• Equitable Mortgage Defense In Homeowner - Tenant Eviction - Part 3, involving a 2006 California case. equitable mortgage zebra