equitable mortgage

equitable mortgage
An instrument not effective as a mortgage at law but regarded as a mortgage and given the effect of a mortgage in equity, the same as if a mortgage in due form had been executed, under various circumstances, such as the reservation of alien on property which is conveyed, an appropriation of specific property to secure the performance of an obligation, an attempt to create a mortgage, and an agreement to give a mortgage, provided the instrument does not merely assume that a lien has been or will be created, but purports through its own terms and efficacy to create the lien. 36 Am J1st Mtg § 13. Another term for vendor's lien. Gessner v Palmater, 89 Cal 89, 26 P 789. See equitable chattel mortgage; imperfect mortgage.

Ballentine's law dictionary. . 1998.

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