Default On Divided Property
When a tract of land is purchased with a mortgage and then split up and sold, the "inverse order of alienation rule" applies to decide parties liable for the unpaid debt.
When a mortgaged tract of land is split up and sold, upon default, the mortgagee first forecloses on lands still owned by the mortgagor and proceeds against other owners in an 'inverse order' in which they were sold. For example, Alice acquires a 3-acre (12,000 m2) lot by mortgage then splits up the lot into three 1-acre (4,000 m2) lots (X, Y, and Z), and sells lot Y to Bob, and then lot Z to Charlie, retaining lot X for herself. Upon default, the mortgagee proceeds against lot X first, the mortgagor. If foreclosure or repossession of lot X does not fully satisfy the debt, the mortgagee proceeds against lot Y (Bob), then lot Z (Charlie). The rationale is that the first purchaser should have more equity and subsequent purchasers receive a diluted share.
Read more about this topic: Mortgage Law
Famous quotes containing the words default, divided and/or property:
“In default of inexhaustible happiness, eternal suffering would at least give us a destiny. But we do not even have that consolation, and our worst agonies come to an end one day.”
—Albert Camus (1913–1960)
“The attention of those who frequent the camp-meetings at Eastham is said to be divided between the preaching of the Methodists and the preaching of the billows on the back side of the Cape, for they all stream over here in the course of their stay. I trust that in this case the loudest voice carries it. With what effect may we suppose the ocean to say, “My hearers!” to the multitude on the bank. On that side some John N. Maffit; on this, the Reverend Poluphloisboios Thalassa.”
—Henry David Thoreau (1817–1862)
“A few days later the younger son gathered all he had and traveled to a distant country, and there he squandered his property in dissolute living.”
—Bible: New Testament, Luke 15:13.