...plaintiff is entitled to an equitable right of redemption with respect to that debt. Sacco Fillas LLP, Whitestone, N.Y. (Luigi Brandimarte of...a certain debt due and owing to the defendant Peter Kouzounas from the plaintiff, and that the plaintiff is not entitled to an equitable right of redemption with respect to that debt...current equal partner in P G, that the deed is a mortgage lien securing the debt due and owing to Kouzounas under the lease and rider, and that he is entitled to an equitable right of redemption with...

...a statutory right of redemption rather than her equitable right of redemption; and also the correctness vel non of the report of the Register, following the orders of the trial court, that was based on a statutory right of redemption. It is our opinion and we so hold that the complainant was entitled to exercise her equitable rather..., does not cut off the mortgagor's equitable right of redemption invoked by his bill. The equity of redemption and the right of its enforcement existed at the time of the filing of the bill, and the...right of redemption, in the event it should be held that she was not entitled to exercise the equitable right of redemption, we need only to observe that the equitable right of redemption and the statutory right of redemption cannot coexist at the same time, in the same person, and as to the same mortgage and property. The statutory right of redemption springs into existence by force of the statute only after the equitable right...

..., therefore, Seller's right to seek forfeiture or to foreclose was subject to Purchaser's right of redemption which could not have been waived by the agreement. Id. ISSUE Did the Court of Appeals err by declining to apply the forfeiture provision of the installment land contract, instead determining Purchaser has an equitable interest...the property which includes a right of redemption upon default? DISCUSSION Whether an equitable right..., 319 S.E.2d 707 (Ct.App. 1984), the common law recognized an equitable right of redemption in the context of mortgages well before any statutory right was granted. The mortgagor was...

.... Co. v. Whatley, 173 Ala. 101, 55 So. 620. When a bill is filed to enforce an equitable right of redemption, an averment of prior tender is not necessary to the...effect of restoring title to its former condition and giving the mortgagor the right to exercise the equitable right of redemption. 27 Cyc. 1503. Where there is an honest controversy that a statement...adjudged entitled "to redeem (the property) by exercising the equitable right of redemption, or, if she is mistaken in the premises, that she may be permitted to redeem by exercising the statutory right...

...." But in the Sapp case the defendants, by appropriate supplementary proceedings, sought only to exercise an equitable right of redemption of their property from a mortgage foreclosure sale after entry...of either party, "in no way acts as a prohibition against the Chancellor, should he for equitable reasons deem it necessary to modify the decree." He also states that "The Chancellor has the right to...impose such equitable conditions for the enforcement of the Court's decree as in his sound discretion may be deemed proper." He cites only Sapp v. Warner...

...Ozark, and Espy Hill, of Dothan, for appellee. The foreclosure of the Foreman mortgage cut off the equitable right of redemption of both the mortgagors and junior mortgagees...obligation of his contract if given superior or controlling effect. Such mortgagee or his assignee, in taking a deed from the mortgagor in lieu of foreclosure of the equity of redemption, was subordinated to the record notice that the junior mortgagee had of the senior mortgage and its terms, and the equitable right of...terminated the equitable right of redemption of the junior mortgagees, the result urged by appellants' counsel would obtain; but such foreclosure of the equity of redemption, as to the interest of the...

...equitable right of redemption shall exist or be enforceable under or with respect to a mortgage after a judicial sale of the mortgaged real estate." Following an earlier appellate court decision in.... By its terms, section 15-1605 does not purport to bar all redemptions. It merely extinguishes the "equitable right of redemption." The equitable right of redemption is a right that belongs to the...statutory right of redemption inures to the benefit of mortgagors, the temporal limitations on the exercise of that right, including the bar against revival of expired redemption rights (see 735 ILCS...

...the execution sale justified giving Mouw an equitable right of redemption. Because we agree with the district court that the circumstances of this case justify equitable relief, we decline to address...). In Steinour, the purchaser mislead the debtor into believing that the statutory period of redemption would be extended. The Court found that an equitable right to relief might.... As we stated in Ruiz, "A granting of an equitable right of redemption is, in effect, a balancing of the equities that exist on either side of the dispute." Id. The trial court must...

...equitable right of redemption until a foreclosure sale takes place, Trauner v. Lowrey, 369 So.2d 531, 534 (Ala. 1979), and the statutory right...foreclosure sale had taken place by January 26, 1988, Saylors still had his equitable right of redemption on that date. Although Jim Walter was prevented from foreclosing by the filing of the chapter 13...taken place. Either of these property rights is sufficient to give the bankruptcy court jurisdiction over a debtor's home. The Alabama statutory right of redemption is a property right of the debtor within the jurisdiction of the bankruptcy court. Wragg v. Federal Land Bank of New Orleans, 317 U.S. 325, 329, 63 S.Ct. 273, 275, 87 L.Ed. 300 (1943). The Alabama equitable right...

... Corp., 319 F.3d 912 (7th Cir. 2003). The duration of the statutory right of redemption for residential real estate is seven months from service of the foreclosure complaint or three months from the entry of a judgment of foreclosure. 735 ILCS 5/15-1603(b)(1) (West 2004). The equitable right...of the Foreclosure Law, it was clear that a junior mortgagee who was not a party to a foreclosure suit, or who had not been properly served, had a general equitable right to redeem which was distinct from any statutory right and was not subject to statutory restrictions. A. Swarthout, Annotation, Right of Junior Lienor in Respect of Redemption as...equitable right of redemption available to a mortgagee not made a party to the foreclosure suit was the amount paid to redeem. Statutory redemption generally required payment of the amount paid for the...

...and injunctive relief. In addition, to the extent that plaintiff has attempted to assert a cause of action for an equitable right of redemption, plaintiff has failed to state a claim upon which relief...conclusory. 1. Equitable Right of Redemption The court questions whether plaintiff is even attempting to assert a claim for equitable right of redemption, but..., in an abundance of caution, the court reviews the first amended petition as if plaintiff has attempted to assert a claim for equitable right of redemption. A right of redemption is a right to pay the full amount owed on a mortgage to redeem a property subject to foreclosure within a reasonable time of default. Scott v. Dorothy B. Schneider Estate Tr., 783 S.W.3d 26, 28 (Tex. App.-Austin, 1990, no writ). To state a claim for equitable right...

...Alabama, a mortgagee holds legal title to the real property subject to the mortgagor's equitable right of redemption. Ala. Code Section(s) 35-10-26 (1993). Alabama foreclosure law... provides that, upon a foreclosure sale, a mortgagor's equitable right of redemption ends. FDIC v. Morrison...discharged in a chapter 7 case." Id. We held that the rights of the debtor, including the equitable and statutory rights of redemption, are not modified upon the receipt of a Chapter 7 discharge. Id. The In re Saylors debtor still retained his equitable right of...

..., 2023, upon consideration of Plaintiff Tarani Alike Johnson's Motion to Proceed In Forma Pauperis (ECF No. 16) and “Petition for the Decree of a Full Accounting of, and Equitable Right of Redemption to... WENDY BEETLESTONE, J. ORDER WENDY BEETLESTONE, J. AND NOW, this 6th day of February...). 4. The Clerk of Court shall CLOSE this case. ...

...") possessed an equitable right of redemption associated with her two installment land contracts with Joann D. Dehardt ("Creditor") when she filed her bankruptcy Petition. On August 9, 2002, the Court...entered an Order that determined that South Carolina law provides purchasers under installment land contracts, in appropriate circumstances, an equitable right of redemption, which allows them an...Debtor possessed an equitable right of redemption when she filed her bankruptcy Petition. Accordingly, the Court ordered a further hearing to consider this issue as well as whether Special Referee...

.... Menotte, (In re Witko), 374 F.3d 1040, 1043 (11th Cir. 2004). A debtor's equitable right of redemption is property of the bankruptcy...equitable right of redemption was terminated by a foreclosure sale is a question of state law. Georgia law provides that a properly conducted foreclosure sale divests the interest...the equitable right of redemption by payment of the debt. Redemption can be accomplished only by payment in full of the secured debt. This equitable right of redemption is...

...ILCS 5/15-1602. "The court may enter a judgment of foreclosure prior to the expiration of the reinstatement period, subject to the right of the mortgagor to reinstate the mortgage. . . ." Id. Reinstatement leaves the mortgage documents in place as if no default or acceleration had occurred. Id. Illinois law also provides for both equitable and statutory rights of redemption. The...equitable right of redemption. . . . The equitable right of redemption arises at the time of default and generally lasts until such time as there is a foreclosure sale, after which the mortgagor can only...redeem his property under the redemptive rights provided by statute. In other words, once the foreclosure sale occurs, the equitable right of redemption ends."). Whether a...

...reconsideration of the decision enforcing the lease provisions. In this motion, Mondelli supplemented his claim about the unpaid taxes by arguing that (1) BRP's right of first refusal constituted a clog on Mondelli's equitable right of redemption; (2..., we echo the District Court's analysis of the alleged clogs to Mondelli's equitable right of redemption — a contention that Mondelli prioritizes in his briefing. We do not see how BRP's right of...repurchase would not affect Mondelli's ability to redeem his mortgage — it would only affect his efforts to sell the property to a third party. And, as noted by the District Court, even if the right of first refusal did clog the equitable right of redemption, the...

...equitable redemption and also sought ancillary injunctive and declaratory relief. By two points of error, appellant complains that the district court erred in concluding that appellant possessed no equitable right of...). After hearing, the district court rendered judgment that appellant take nothing. The district court's dispositive conclusion of law was that appellant had not shown an equitable right of redemption to...the two lots. An examination of the findings of fact shows that appellant established two of the requirements: (1) that he possesses an equitable right in the property subject to the mortgage and (2) that appellant by his suit asserted his equity of redemption before...

...11 U.S.C. § 704. The Trustee argues that the Debtor's right of redemption expired under the Foreclosure Decree, and that in any event, the sale of Debtor's property was finalized prior to the Debtor's bankruptcy filing. Silsbe maintains that the Debtor held legal and equitable title...merged into the judgment, and prior to the sale, the identifiable interests of the debtor are merely the statutory and equitable rights of redemption." In re Crime Free, Inc., 196 B.R. 116, 118 (Bankr.E.D.Ark. 1996) (citing Tim Wargo Sons v. Equitable Life Assurance Society, 34 Ark. App. 216, 809 S.W.2d 375 (1991)). A mortgagor's "equitable right of..., 3 S.W.2d 30, 32 (1928) (other citations omitted). When a foreclosure decree is entered, the chancellor may extend the mortgagor's equitable right of redemption for a reasonable period of time...

...recommended granting Plaintiff's Motion with respect to adding an equitable right of redemption claim but denying the Motion with respect to adding...may amend its complaint to add a claim for equitable right of redemption of the subject property but may not add Medal, LLC as a defendant. IT IS SO ORDERED...OF NEW YORK, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates 2002-23XS, its successors and/or assigns, and MEDALLION INDUSTRIES, INC., an Oregon corporation...