(Download) "Hawthorne v. State" by Mississippi Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Hawthorne v. State
- Author : Mississippi Supreme Court
- Release Date : January 16, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Mortgages รข€” Foreclosure รข€” Agreement of Mortgagor for Immediate Possession by Mortgagee on Default Valid รข€” Public Policy รข€” When Mortgagor Becomes Tenant by Sufferance รข€” When Barred from Asserting Right of Possession During Period of Redemption. Mortgages รข€” Parties may Incorporate Clause Giving Immediate Possession to Mortgagee on Default of Mortgagor. 1. Under authority of section 8252, Revised Codes 1921, the parties to a real estate mortgage may incorporate therein a stipulation for immediate possession by the mortgagee in case of default by the mortgagor to make payment of interest, taxes, etc., promptly, notwithstanding section 9449 provides that the purchaser at foreclosure sale is not entitled to possession during the period of redemption if the mortgagor personally occupies the premises as a home for himself and family. Same รข€” Above Clause not Void as Against Public Policy. 2. Where a mortgagor agrees to the incorporation of a clause in the mortgage to relinquish his right to remain in possession of the property on foreclosure sale, which right is reserved to him under section 9449, Revised Codes, if he occupies the property with his family as a home, public policy does not prevent the enforcement of the agreement if it sufficiently identifies the right sought to be relinquished. Same รข€” Foreclosure รข€” When Mortgagor Becomes Tenant by Sufferance รข€” When Barred from Asserting Right of Possession During Period of Redemption. 3. Under a stipulation of the nature of the above (par. 1), the mortgagor on default and prior to demand for possession by the mortgagee becomes a tenant by sufferance, and after demand he is no longer rightfully in possession; hence, on entry of decree of foreclosure, he then being wrongfully in possession, is debarred from asserting his right to remain in possession as therein provided. Same รข€” Foreclosure รข€” Decree รข€” Resort to Mortgage to Ascertain Provisions to be Included in Decree Proper. 4. Though the extent of the rights of a purchaser of realty at foreclosure sale must be measured by the decree without reference to the mortgage, the mortgage may be resorted to for the purpose of ascertaining what should properly be included in the decree. Same รข€” Case at Bar. 5. A mortgage contained a stipulation that upon default of the mortgagor, the mortgagee should be entitled to immediate possession. Page 107 Demand for possession on default was refused. In defense to a suit in foreclosure the mortgagors asserted that they were occupying the premises as a home and that therefore they were entitled to retain possession during the period of redemption. Held, under the above rules, that the trial court erred in decreeing that notwithstanding the agreement for immediate possession, defendants were entitled to remain in possession during the period mentioned.
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