Right of redemption

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The right of redemption, in the law of real property, is the right of a debtor whose real property has been foreclosed upon and sold to reclaim that property if they are able to come up with the money to repay the amount of the debt. [1] About half of all U.S. states have a statutory provision that allows such a reclamation of property. [2]

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<i>Vernon v Bethell</i>

Vernon v Bethell (1762) 28 ER 838 is an English property law case, where it was affirmed that there could be no clog on the equity of redemption. In justifying this rule, Lord Henley LC made the famous observation that,

necessitous men are not, truly speaking, free men, but, to answer a present exigency, will submit to any terms that the crafty may impose upon them.

<i>Kreglinger v New Patagonia Meat and Cold Storage Co Ltd</i>

Kreglinger v New Patagonia Meat & Cold Storage Co Ltd[1913] UKHL 1 is an English property law and UK insolvency law case, concerning whether an exclusivity agreement for buying sheepskins, that accompanied a loan, frustrated the borrower's right to pay off and discharge its debt.

<i>Fairclough v Swan Brewery Co Ltd</i>

Fairclough v Swan Brewery Co Ltd, is a land law case, in which the Privy Council held that restrictions on the right to redeem a mortgage are void. The equity of redemption means that borrowers are able to sell or obtain new mortgage finance promptly and without impinging on other dependent transactions.

LXi REIT is a real estate investment trust based in London, England. It was listed on the London Stock Exchange until it was acquired by LondonMetric Property in March 2024.

<i>British South Africa Company v De Beers Consolidated Mines Ltd</i>

British South Africa Company v De Beers Consolidated Mines Ltd [1910] 2 Ch 502 is a judicial decision of the English Court of Appeal relating to the conflict of laws, and clogs upon the equity of redemption.

References

  1. "equity of redemption". Legal Information Institute . Retrieved 2024-06-01.
  2. Loftsgordon, Amy. "If I Buy a Home in Foreclosure, Can Its Owners Later Get It Back ("Redeem" It)?". www.nolo.com. Retrieved 17 June 2024.