defeasance

defeasance
The clause of a mortgage intended to define the terms and conditions upon which the mortgage shall be satisfied, cease to be security for a debt, and become void. First Nat. Bank v Bain, 237 Ala 580, 188 So 64. More generally defined as a clause in a deed, lease, or other written instrument the legal effect of which is to defeat, cancel, or annul the instrument in whole or in part and thus wholly or partly to release the partied from obligations arising under it upon the happening or not happening of a condition subsequent. Escambia Land & Mfg. Co. v Ferry Pass Inspectors & Shippers Asso. 59 Fla 239, 52 So 715.

Ballentine's law dictionary. . 1998.

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  • defeasance — de·fea·sance /di fē zəns/ n [Anglo French defesance, literally, undoing, destruction, from Old French deffesant, present participle of deffaire to destroy, undo see defeat] 1 a: a condition (as in a deed or will) that upon fulfillment terminates… …   Law dictionary

  • Defeasance — De*fea sance, n. [OF. defesance, fr. defesant, F. d[ e]faisant, p. pr. of defaire, F. d[ e]faire, to undo. See {Defeat}.] 1. A defeat; an overthrow. [Obs.] [1913 Webster] After his foes defeasance. Spenser. [1913 Webster] 2. A rendering null or… …   The Collaborative International Dictionary of English

  • defeasance — early 15c., from Anglo Fr. defesaunce, O.Fr. desfaisance undoing, destruction, from desfaire (Mod.Fr. défaire) to undo, destroy (see DEFEAT (Cf. defeat)). Related: Defease; defeasible …   Etymology dictionary

  • defeasance — [dē fē′zəns, difē′z ns] n. [ME & Anglo Fr defesaunce < OFr defesance < defesant, prp. of defaire, desfaire: see DEFEAT] 1. the annulment of a contract or deed 2. a clause stating a condition the fulfillment of which makes the deed, contract …   English World dictionary

  • Defeasance — Contents 1 Defeasance of Commercial Mortgage Loans 1.1 Defeasance of a Securitized Commercial Mortgage Loan 1.2 Defeasance Terms to Consider at Loan Origination …   Wikipedia

  • Defeasance — Défaisance La défaisance (en anglais defeasance) est une opération financière consistant à céder simultanément des actifs financiers et des dettes à une société tierce, souvent une structure de défaisance. Cette cession est irrévocable. Cette… …   Wikipédia en Français

  • defeasance — The legal release of a debtor from being the primary obligor under the debt, either by the courts or by the creditor. Also called legal defeasance. See in substance defeasance The setting aside by a borrower of cash or bonds sufficient to service …   Financial and business terms

  • defeasance — noun a) Destruction, defeat, overthrow. that hoarie king, with all his traine, / Being arriued, where that champion stout / After his foes defeasance did remaine [...]. b) the rendering void of a contract or deed; an …   Wiktionary

  • defeasance — /dafiyzans/ An instrument which defeats the force or operation of some other deed, estate, or will. A collateral deed made at the same time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the… …   Black's law dictionary

  • defeasance — /dafiyzans/ An instrument which defeats the force or operation of some other deed, estate, or will. A collateral deed made at the same time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the… …   Black's law dictionary

  • defeasance clause — A provision of a mortgage an interest in land given to a mortgagee lender to secure the payment of a debt which promises that the mortgagor borrower will regain title to the mortgaged property when all the terms of the mortgage have been met.… …   Law dictionary

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