An owner of real property borrowed money from a lender. As security for the owner's promise to repay the loan, the owner granted the lender a mortgage on the real property. The lender promptly recorded the mortgage. The owner subsequently defaulted on the loan. The lender delayed bringing suit to enforce the loan obligation. As a consequence, the owner was able to successfully assert the statute of limitations as a defense to the suit. If the lender now seeks to foreclose on the mortgage, will the lender likely prevail

Respuesta :

  • Defenses that can be brought up in relation to the obligation for which the mortgage acts as security may prevent a mortgage from being enforced.
  • In this case, the owner-mortgagor also has a legitimate defense to the execution of the mortgage since he has a legitimate defense to the enforcement of the loan obligation.
  • The lender returns the note to the borrower when the trustee signs and records a deed of reconveyance. One month, Gina's mortgage payment is late.

What does reconveyance mean?

  • Returning ownership to the original owner is referred to as reconveyance.
  • Most frequently occurs when real estate deeds are reconveyed, also known as a reconveyance deed.

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