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Перевод: mortgagor

[существительное]
должник по закладной; закладчик

Тезаурус:

1. But suppose that, as usually happens, the mortgagor is left in possession, and that a stranger turns him out, or tries to do so.
2. The real owner, the mortgagor, could not convey any legal title because he had none; and the legal owner, the mortgagee, could only convey a title subject to the mortgagor's equity of redemption.
3. We have seen that, under the ordinary form of a mortgage of freehold land used before the property Acts, the legal estate was conveyed to the mortgagee, so that at law he became the owner of the property; but that the mortgagor was treated by equity as the owner - he had an equity of redemption, which was an equitable estate in the land; and he could only be deprived of his equity of redemption in certain defined ways, e.g. by foreclosure or sale.
4. The mortgagor creates by deed a legal charge upon the land.
5. The mortgagor demises the land to the mortgagee for a term of years absolute, subject to a proviso that the term shall cease when the mortgagor repays the loan.
6. But the same rules as before are applicable to a mortgagee who takes possession, and to a mortgagor who is in possession.
7. The latter form of mortgage is still possible; but, instead of the former, a form of mortgage has been invented under which both mortgagor and mortgagee take legal estates (see pp. 96-;9).
8. The Judicature Act decided that as against a stranger the mortgagor in possession must be treated as owner.
9. Upon proof of the mortgage the court will make an order for foreclosure nisi , under which an officer of the court is directed to find what is due for principal, interest, and costs, and the mortgagor is ordered to pay within six months from the time when the amount is certified.
10. If the mortgagor is a lessee for years he effects the mortgage by a sub-lease.
11. Common Law treated the mortgagee as the owner of the land in case of the ordinary legal mortgage; Equity treated the mortgagor as still being in a sense owner.