On payment of all money secured by the mortgage, the mortgagor is entitled to have the property restored to him free from the mortgagee's security. For that purpose, the mortgagee must execute any discharge or reconveyance that may be appropriate (although no express reconveyance is now normally required in the case of a mortgage of land1), and he must deliver up the title deeds2 to the mortgagor, if he is the person making the payment3. If the payment is made by some person interested in the equity of redemption other than the mortgagor and it is desired to keep
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Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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