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The case of Jane Rose and Brandon Miller

Essay Instructions:

QUESTION:
In your own words, discuss the circumstances in which a mortgagor might ask the court to sell his / her land rather than permit the mortgagee to foreclose (Textbook pp. 538-540). Create a unique fact situation that illustrates your answer.
- Discuss and answer the question as completely as possible using your own words.
- Follow the formatting guide.
- Use your OWN words! DO NOT Quote from resources or books or you will get penalized. It has to be your own writing, your analysis, your work, your own words!
- Paraphrase and put in text citations.
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- Read the policy guide attached carefully to avoid any penalties.
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Essay Sample Content Preview:

MORTGAGE LAWS
Discuss the circumstances in which a mortgagor might ask the court to sell his / her land rather than permit the mortgagee to foreclose?
The case of Jane Rose and Brandon Miller
By
Course Title
Institutional Affiliation
MORTGAGE LAWS
Discuss the circumstances in which a mortgagor might ask the court to sell his / her land rather than permit the mortgagee to foreclose?
The Right of Redemption law for Jane Rose:
For the case of Jane Rose and Brandon Miller, there are specific considerations that would be made for Rose. The circumstances with which a given mortgagor can request the court to sell his or her land rather than permit the mortgagee to foreclose are stipulated under specific mortgage law. First, we have the Right of Redemption law, which is vital in making the given determination in a court of law. In this case, the Right of Redemption offers a legal provision where individuals who have defaulted on their mortgages within a specific time frame are allowed to reclaim their property (Damm & Suleymanov, 2018). The individuals in question must pay the amount due, including all the interests and the penalties that may have accrued during the period of agreement, based on the contract signed in question. Besides, this process may also be executed legally before the foreclosure begins. We also have states offering the Right of Redemption to individuals after a sale foreclosure that covers the foreclosure price, the foreclosure interest, and any other related penalties at hand.
When dealing with the Right of Redemption, certain elements must be put into consideration. First, this is a typical legal process and procedure that offers a delinquent mortgage borrower the ability to legally reclaim their home or any other property subject to foreclosure. However, they must display the ability to repay or the financial obligations based on the contract agreement's nature, which was legally signed between the buyer and the borrower, within the stipulated time (Damm & Suleymanov, 2018). There are specific states that such legal right can be executed in a court of law even if the lender has already resold the property. However, this may only occur when the agreement is still within the redemption time frame and all the stipulated conditions have been met. Finally, for a successful redemption process, it is required that the borrower repays any costs incurred to the lender or any other parties due to the operation of foreclosure.
The Right of Foreclosure law Brandon Miller:
The case above also brings on board th...
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