.... An attribute of joint tenancy is that each joint tenant owns the whole thereof. 2. A foreclosure of a Mortgage executed by one of several joint tenants, is against...appellees have referred us to none. The interest of Russell Veling in the joint tenancy property was subject to mortgage without the consent of the other joint tenant and to foreclosure. The...Court, Maricopa County, Cause No. C-235759, Paul W. La Prade, J., the plaintiffs appealed. The Court of Appeals, Howard, J., held that the foreclosure of a mortgage executed by one of several joint...

.... 469, the opinion of the court, given by Mr. Justice Jackson, was, that although a mortgage to partners, to secure a joint debt, might be deemed a joint tenancy, until foreclosure, yet the new...Parsons, that where a mortgage was made to partners, in such form as would ordinarily create a tenancy in common in other grantees — inasmuch as it was designed to secure a joint debt, which, in case...of the decease of one partner, would vest in the survivor for the purpose of collection, and subject to the partnership debts — the estate should be held to be a joint tenancy, in order...

...subsequent execution of mortgage covering tract subjected her interest in retained undivided half interest to a mortgage lien. The Bank by foreclosure, thereby severing joint tenancy of...and Kathy conveyed by warranty deed to John and Marclyn McGinnis, defendants, an undivided one-half interest in joint tenancy. On January 25, 1972, Pat and Kathy executed another mortgage in favor of...Entry of Judgment does not indicate this was the theory of trial court. Nonetheless, whatever the theory of trial court, the result is correct. A joint tenancy is created only when...

...tenancy with right of survivorship is a proper legal state in Alabama and same is destructible. A joint tenancy can be severed under Alabama law by the unilateral act of one joint tenant and by a foreclosing creditor of a joint tenant, thereby defeating the survivorship interest in the property. If a mortgage holder forecloses a joint tenant's interest in real property, the foreclosure sale...the joint tenancy with the foreclosure purchaser becoming a tenant in common with the remaining joint owner...11 U.S.C. § 362(d). The debtor owns certain real property commonly referred to as DRW Farms as a joint tenant with the right of survivorship with Patty S. Williams (“P. Williams”). The...

...Grace E. Jones became the purchaser of the property at the foreclosure sale she took title as trustee for the joint tenancy. 3. That the purchase price paid by Grace E. Jones for...joint tenancy, and the judgment of the court, while including a decree of foreclosure of the mortgages, operated to terminate the joint tenancy by directing the distribution of the joint tenancy funds...] Respondents' second defense is based upon the equitable proposition that a joint tenant, who bids in the property owned in joint tenancy at a judgment sale, takes title for the benefit of all of the...

...explained that a joint tenancy with right of survivorship is a proper legal state in Alabama and same is destructible. A joint tenancy can be severed under Alabama law by the unilateral act of one joint tenant and by a foreclosing creditor of a joint tenant, thereby defeating the survivorship interest in the property. If a mortgage holder forecloses a joint tenant's interest in real property, the foreclosure sale...the joint tenancy with the foreclosure purchaser becoming a tenant in.... In re Albany Partners, Ltd., 749 F.2d 670, 673 (11th Cir. 1984). As a matter of Alabama property law, a joint tenancy with the right of survivorship is destructible...

...the course of their marriage. Tract one of the real estate was solely owned by Husband; tract two was owned by Husband and Wife in joint tenancy. A third tract was also owned by Husband and Wife in...joint tenancy. In 1981 Husband and Wife gave Bank a first mortgage on the three tracts, according to their respective interests, to secure a mortgage loan in the amount of $163,000. In January 1985...the Bank in tract two, the real estate owned by Husband and Wife as joint tenants with right of survivorship. • 2-4 Under common law, the essential elements of a joint tenancy...

...foreclosure sale by the mortgagee bank, such sale destroying their joint tenancy. See Reed v. Dunn, 392 So.2d 1173 (Ala. 1981). Yet, in each arose a post-foreclosure statutory...joint owners, if such right is seasonably exercised. Under the joint title with survivorship held by James Brunson and Marie Brunson Cole before foreclosure, neither party could...would have destroyed the joint tenancy and created a new tenancy in common, with the grantee owning a one-half interest as tenant in common with the non-conveying joint tenant, thereby destroying the...

...creditor's foreclosure on the property severed the joint tenancy. Thus the court allowed the creditor to foreclose on the extent of the debtor's property held in joint tenancy while protecting the...funds in a joint tenancy bank account including individual child support funds deposited by one tenant. He further complains that because the divorce decree specified that Plaintiff's judgment was to..., Defendant asserts that a joint tenancy bank account can be reached by creditors of one of the tenants only to the extent of that tenant's equitable interest in the account. Although this question has...

...analogous to the threat of foreclosure imposed by a mortgage lien, which does not sever a joint tenancy. (Cf. People v. Nogarr, supra...held by plaintiff Laurene Grothe, to satisfy a judgment against David Daniel Ribis. Plaintiff held the property in joint tenancy with Ribis, the judgment debtor. Defendant, as assignee of the judgment...tenant and extinguished any interest against which defendant may satisfy its judgment lien. Defendant argues that the sheriff's levy severed the joint tenancy. For the reasons stated below, we reject...

..., 1987, Carey became sole owner of their residence (formerly held in joint tenancy) by deed from her husband for no consideration. 5. On December 12, 1987, Carey...transferred to the other partners. It found that Carey did not benefit from her husband's transfer of his interest in their joint tenancy-held homestead; that interest apparently would have been protected...operation of Carey Lumber. Marine Midland also began foreclosure proceedings on the company's assets. After liquidation, Marine Midland was left...

...the termination of the joint tenancy of W.G. Tandy; court file in foreclosure action of the Farmers State Bank of Conrad v. Tandy and his wife; and contract for sale of real estate and personal...2, 1954, do the records show an interest in all the lands and then his interest is a joint tenancy with his wife. Plaintiffs alleged Tandy was the owner of the lands, the records.... On September 7, 1944, Nina Berland conveyed her undivided two-thirds interest in all the lands to Willis G. Tandy and Lila Tandy, as joint tenants. On February 1, 1954, Willis G. Tandy, also...

...joint tenancy and sever his interest from that of Elaine but that the mortgage was a charge or lien upon his interest as a joint tenant only and that therefore upon his death his interest having...reached the conclusion that appellant's contention must be sustained. [2] In order that a joint tenancy may exist four unities are required; unity of interest, unity of title, unity of time...1] and authorities there cited.) [3] So long as these unities exist the right of survivorship is an incident of the tenancy and upon the death of one joint tenant the survivor becomes the sole...

...681, 684, 297 N.E.2d 285 (1973). In Olney Trust Bank, the court held that the joint tenancy was severed where one joint tenant conveyed his interest by way of a deed in lieu of foreclosure. Olney...follows: "A surviving joint tenant succeeds to the share of the deceased joint tenant by virtue of the conveyance which created the joint tenancy, not as the...interest in the joint tenancy. Upon his death, his interest ceased to exist and along with it the lien of the mortgage." Harms, 105 Ill...

...Colene are husband and wife and owners in joint tenancy of the home against which plaintiff brought suit for foreclosure on a judgment lien. In their answer to the complaint, Melvin and Colene each...JUSTICE BARRY delivered the opinion of the court: Defendants Melvin O. and Colene E. Mohr appeal from judgment of foreclosure entered by the circuit court of...Rock Island County against their residence in Rock Island. In the court's final decree of foreclosure, and over the Mohrs' objections, a homestead exemption of $7,500 was allowed in favor of the Mohrs...

...court deprived her of any real interest in the property found to be held in joint tenancy by failing to require defendant to protect the property against foreclosure and sale for nonpayment of the...plaintiff in the said joint tenancy property shall increase in proportion to the payments hereafter made by the plaintiff on account of the principal; should defendant hereafter make any of the said...home payments, her equity in the said joint tenancy property shall likewise increase in proportion to the payments hereafter made by her on account of principal...

...suit was filed for sale for division based upon a joint tenancy which was created after the aforesaid foreclosure sale by a deed dated October 4, 1954, and filed for record on the same date the suit..., 8 So.2d 926. A foreclosure is valid without a writing, such as a certificate of foreclosure. Wildman v. Means, 208 Ala. 487..., 94 So. 823. After foreclosure the purchaser has an equitable title and is entitled to a foreclosure deed the execution of which equity will compel in order to...

..., 209 (Ariz.Ct.App. 1973) (finding that the interest of one owner in the joint tenancy property was subject to both a mortgage without the consent of the other joint tenant, as well as to foreclosure) ( quoting...Cross-Motion for Summary Judgment (Doc. 21-1). This case arises out of the attachment of a federal tax lien to real property held in joint tenancy with right of survivorship, and the subsequent... Ownership of property through joint tenancy evolved from the common law. "Fundamentally, it is a way two or more persons take and hold property as if they were one...

...1880, authorizes a husband and wife to hold land either as tenants in common, as joint tenants, or as tenants by entirety. The deed to the Streetmans specifically created a joint tenancy. III Appellants also contend that the trial court erred in holding that the purchase of the property at the foreclosure sale...announced in Richardson v. Miller, supra, and Hemingway v. Scales, supra, Streetman, as a joint tenant, could convey his undivided interest and thus destroy the joint tenancy that formerly existed between him and his ex-wife. The trial court required Petro, within 15 days, to pay into the registry of the court $2,208.76, which represented one-half of the amount paid by appellants when they purchased the property at the foreclosure sale...as tenants in common, but with the right of survivorship in each upon the death of either," created a joint tenancy or a tenancy by entirety. This appeal is from a decision of the...

...that their amended petition stand as their answer in the foreclosure suit. The amended petition alleges that a certain lot in the city of Chicago was owned in joint tenancy by...circuit court of Cook County striking on motion appellants' amended petition which sought to set aside a decree and sale in foreclosure entered while they were in military service. Petitioners also prayed...appellee became the purchaser at the foreclosure sale on September 7, 1945, at which time both appellants were in military service; that subsequently a master's deed was issued to appellee on January...