Monday, 25 July 2016

‎ LEGAL RIGHT TO REDEEM

This is the right specifically reserved for the mortgagor to recover his property as the owner upon discharging his obligations under the mortgage. But the mortgagor to be entitled to exercise this right must comply punctiliously with the proviso for redemption. Thus a mortgage to secure money loan ordinarily fixes a definite date for repayment and at law, repayment must be made precisely on that date for the mortgagor to be entitled to exercise this very right. Generally the date for repayment may be suspended for any period. But in practice date for redemption is usually short because it is an advantage to the mortgagee to place the mortgagor in default as soon as possible.
foreclosure notice with Lagos Property Lawyer
Credit - advocateselvakumar.com 
However, In Twentieth Century Banking Corporation Ltd .v Wilkinson (1977) Ch 99, the danger of fixing a date too far in the future for the redemption of a mortgage was highlighted, as the mortgagee was refused the right to enforce his security until the legal due
date (which in that case was fixed at thirteen years) had arisen. It has therefore become acceptable at common law to fix a shorter date for redemption.

To be continued with EQUITABLE RIGHT TO REDEEM

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