Nobody downloaded yet

Possessory rights of mortgagees - Essay Example

Comments (0) Cite this document
Summary
This paper “Possessory rights of mortgagees” seeks to discuss the possessory rights of mortgagees with a specific focus on describing these privileges. It also seeks to elucidate remedies other than possession, which are available against defaulting borrower…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
Possessory rights of mortgagees
Read TextPreview

Extract of sample "Possessory rights of mortgagees"

Download file to see previous pages This is one of the original cases which began shaping the mortgage legal environment for different reasons. First, the case came against the backdrop of many incidents where mortgagees had lost their possessory rights because of legal schemes plotted by mortgagers.  In fact, the legal mortgage environment appeared to have been so bad that mortgagers continuously and repeatedly disenfranchised mortgagees because of defaults, which result from mortgagees’ inability to live up to the official agreement conditions. Secondly, it appeared that legal experts did little to guard against the disenfranchisement of their clients by mortgagers. Against these challenges, ruling on the Ropaigealach versus Barclays Bank Case shifted the way these issues were handled by both mortgagers and attorneys.   
 ‘The Ropaigealach decision illuminates brightly the true extent of a mortgagee’s possessory rights and may, if other mortgagees cannot resist the temptation to follow its lead, require the further intervention of Parliament to protect mortgagors of dwelling houses’.  While making the ruling, the judge held the Ropaigealachs were not served with the letter from the bank, with the ultimate command for payment, reprimanding that the assets would be put up for sale, since they were refurbishing it and they were away. The judge further declared that there would be no pronouncement that Barclays may possibly fail to assume possession exclusive of a court order since the legal instrument could not be otherwise interpreted.  4
While making further observations, the judge recognised the weight of the matter saying, ‘it does however strike me as very curious that mortgagors should only have protection in the case where the mortgagee chooses to take legal proceedings and not in the case where he chooses simply to enter the property’.5 The good judge admitted persuasion to the matter indicating that it was not feasible to conclude that Parliament had intentions to cover up such important cases. Through this case, the possessory rights of the mortgagees were restored by stopping Barclays Bank from selling the property in order to recover their defaulted payments.
Description of the Possessory Rights of Mortgagees
It is notable that the most efficient strategies mortgagees use to get back their security when a mortgagor defaults include sale of mortgaged property. This is only tenable when the mortgagee has the possessory rights to ensure listing of the assets in the marketplace as a vacant premise.6 This frequently takes place when the mortgagor has already vacated the premise to allow for selling of the asset. The mortgagee will, therefore, exercise the possessory ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Possessory rights of mortgagees Essay Example | Topics and Well Written Essays - 2250 words”, n.d.)
Retrieved from https://studentshare.org/law/1404033-possessory-rights-of-mortgagees
(Possessory Rights of Mortgagees Essay Example | Topics and Well Written Essays - 2250 Words)
https://studentshare.org/law/1404033-possessory-rights-of-mortgagees.
“Possessory Rights of Mortgagees Essay Example | Topics and Well Written Essays - 2250 Words”, n.d. https://studentshare.org/law/1404033-possessory-rights-of-mortgagees.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Possessory rights of mortgagees

Animal Rights

...Animal Rights Before going into the discussion regarding rights of animals, let us get a better understanding of what this movement actually is. Bocco states, “Animal Rights is a movement that intends to protect all animals from being exploited and abused by humans”. The main cause of this movement is to make people stop showing cruelty towards animals. The people who raise their voice to protect animal rights believe that animals also possess emotions and feelings, which should be realized, and the cruelty that many people show towards animals should be ended. Another aim of the animal rights movement is to stop people from killing or torturing animals...
3 Pages(750 words)Essay

Civil Rights

...? The Civil Rights Movement In 1955 Rosa Parks earned a special position in American history as the mother of the modern Civil Rights Movement. Parks, a black woman, refused to surrender her seat to a white man on a Montgomery Alabama city bus which violated Jim Crow laws existing in the southern states at that time. This courageous act of civil disobedience incited the masses, both black and white persons, in protesting racial inequalities during the 1950’s and 1960’s. The mass nationwide protests culminated in a major change in racial relations in the country in addition to changes in laws designed to protect the rights of minorities most significantly the Civil Rights...
12 Pages(3000 words)Essay

Social Rights Are Human Rights

...?Should social rights be considered human rights? Social rights are defined as the rights made by a group of people to uphold and promote social order in a social community (Surhone, Timpledon & Marseken, 2010). Human rights are used to differentiate between the rights that arise out of consequence from social contrasts in opposition to natural rights, emerging from natural law although before the formation of legal rights by positive law. Broadly speaking, social rights fall in the category of socio-economic rights and are safeguarded and upheld by both international law and regional human rights tools. Human rights too, like social rights, are upheld and protected by both international and regional human rights instruments... such as the...
7 Pages(1750 words)Essay

Animal rights

...?Animal Rights The rights of animals can be argued by many. Many feel that humans are dominant over animals so that gives the animals less rights. Others may argue that animals deserve as many rights as humans. Whichever argument one may take sides on, it is apparent that animals are alive just like humans. Animals can be ones best friend and animals can protect. Animals are able to show feeling. Showing feeling and the ability to know what is right or wrong leaves room for judgment. If animals can be judged for their actions then they have every right as anyone else. Animals can talk as they talk to their like kind. Just because humans...
4 Pages(1000 words)Assignment

Civil Rights

...?Topic: Civil Rights Martin Luther King was inspired by Gandhi's theory of non-violence in building the basis for the American civil rights movement,introducing Satyagraha as a political method for rights in America in a manner similar to the way Gandhi used it in the anti-racism struggle in South Africa and the anti-imperial movement in India. In the speech given on August 28, 1963 known as “I Have a Dream,” Dr. Martin Luther King Jr. inspired the minds of millions to believe in the moral progress of society and the process of social justice primarily as means through which African-Americans could enter into full equality in the country. (King, 1963) Blacks in America suffered from...
2 Pages(500 words)Essay

College Rights versus Gun Rights

...?College rights versus gun rights: This paper is primarily based on defending gun rights in the campuses and presenting valid reasons for this defense. Although states have greatly differing gun laws, yet banning guns at campuses remains a widespread national policy (Jaschik, 2006). While student associations favoring gun rights argue that gun ban on campus may aggravate the incidence of felonies since innocent student will be left vulnerable and unprotected, proponents argue that reduced level of criminal activities like mass shootings seen in some campuses is directly the result of banning arms. In my opinion, colleges should not be able to ban arms since this flawed...
3 Pages(750 words)Essay

Human Rights/Political Rights

...in that there is no thought and contemplation of consequences involved. Mill, de Beauvoir and Gandhi all exhibit an indelible link between freedom and morality in their writings. The concept of morality has stringent human rights implications in that moral actions are actions undertaking utilizing the theoretical framework of right and wrong. Utilizing the concept of right and wrong, individuals are bounded to act in a manner such that no harm is brought to other individuals or their basic rights are not infringed upon. The concept of basic rights facilitates itself in the notion of human rights. Human rights are...
4 Pages(1000 words)Essay

Rights

...Full Examiner Explain and Evaluate Karl Marx's Critique of "Rights" The greatest to socialist thinkers of all times, Karl Marx is the founder of many social concepts for humanity that have generated more questions than they have answered. Ingenious in his disposition, his major works were a consequence of the Philosophy of Hegel, wherein he commented upon the concept of 'rights'. Marx argues the need for man to explore himself, within himself, Marx is of the opinion that it is futile for man to search here and there as all the answers and solutions lie within him. "Man, who looked for a superhuman being in the fantastic reality of heaven and found nothing there but the reflection of himself, will no longer be disposed to find... counter...
2 Pages(500 words)Essay

Human Rights/Political Rights

...HUMAN RIGHTS AND POLITICAL RIGHTS This paper has been written on basis of the works done by Simone deBeauvoir, JohnStuart Mill and some of the political writings by Mohandas Karamchand Gandhi. The reviews of above mentioned authors have been taken into consideration while preparing this paper. The human and political rights are the important aspects in today’s social life. Every human being has been provided with some basic fundamental rights by their governments to exist in society, which he/she has to follow. Then there are political rights that are used to protect basic fundamental rights. The paper presents the...
4 Pages(1000 words)Essay

Rights

...Rights Table of Contents Question 3 Introduction 3 Effectiveness of ECHR 3 Protection of Rights in English Law 5 Effect of the Implementation of the Human Rights Act 1998 in the UK 6 Conclusion 8 Question 2 9 Overview of Privacy Right 9 Right to Confidence 9 Case Analysis 10 Summary 12 References 13 Question 1 Introduction Human rights belong to every individual, irrespective of their family background, gender, race, nationality or any other status quo that differentiates them from other individuals within the society. These rights are universal in nature and are applicable to every people in the world. Human...
10 Pages(2500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Possessory rights of mortgagees for FREE!

Contact Us