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FORECLOSURE , in the See also: law of See also: mortgage; the extinguishment by See also: order of the See also: court of a mortgagor's See also: equity of redemption
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In the law of equity the See also: object of every mortgage transaction is eventually the repayment of a See also: debt, the mortgaged See also: property being incidental by way of security
.
Therefore, although the See also: day named for repayment of the loan has passed and the mortgagor's estate is consequently forfeited, equity steps in to mitigate the harshness. of the See also: common law, and will decree a reconveyance of the mortgaged property on payment of the See also: principal, See also: interest and See also: costs
.
This-right of the mortgagor to See also: relief is termed his " equity of redemption." But the right must be exercised within a reasonable See also: time, :otherwise he will be •foreclosed his equity of redemption and the mortgagee's possession converted into an absolute ownership
.
Such fore-See also: closure is enforced in equity by a foreclosure See also: action
.
An action is brought • by the mortgagee against the mortgagor in the See also: chancery division of the High Court in See also: England, claiming that an account may be taken of the principal and interest due to the mortgagee, and that the mortgagor may be directed to pay the same, with costs, by a day to be appointed by the court and that in default thereof he may be foreclosed his equity of redemption
.
See also: English county courts have jurisdiction in fore-closure actions where the mortgage or See also: charge does not exceed £Soo; or where the mortgage is for more than Soo, but less than that sum has been actually advanced
.
In a Welsh mortgage there is no right to foreclosure
.
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