FORECLOSURE, in the law of mortgage, the extinguishment by order of the
court of a mortgagor's equity of redemption. In the law of equity the
object of every mortgage transaction is eventually the repayment of a
debt, the mortgaged property being incidental by way of security.
Therefore, although the day named for repayment of the loan has passed
and the mortgagor's estate is consequently forfeited, equity steps in to
mitigate the harshness of the common law, and will decree a reconveyance
of the mortgaged property on payment of the principal, interest and
costs. This right of the mortgagor to relief is termed his "equity of
redemption." But the right must be exercised within a reasonable time,
otherwise he will be foreclosed his equity of redemption and the
mortgagee's possession converted into an absolute ownership. Such
foreclosure is enforced in equity by a foreclosure action. An action is
brought by the mortgagee against the mortgagor in the chancery division
of the High Court in England, claiming that an account may be taken of
the principal and interest due to the mortgagee, and that the mortgagor
may be directed to pay the same, with costs, by a day to be appointed by
the court and that in default thereof he may be foreclosed his equity of
redemption. English county courts have jurisdiction in foreclosure
actions where the mortgage or charge does not exceed L500, or where the
mortgage is for more than L500, but less than that sum has been actually
advanced. In a Welsh mortgage there is no right to foreclosure. (See
also MORTGAGE.)
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