hypothecation agreement real estate

190 results for hypothecation agreement real estate

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  • 164 F. 609 (9th Cir. 1908), 1,549, Pearce v. Sutherland

    ...That thereupon a copartnership agreement was made between the appellant and Sutherland, ... the existence of a copartnership to deal in real estate, aided by a corporation organized merely ... of persons holding the same by hypothecation, marshal its assets, and distribute the same by a ...

  • 22 F.2d 952 (7th Cir. 1927), 3839, International Life Ins. Co. v. Mowbray

    ... before his death, he lost some money on a real estate investment. His financial condition does ... the result of a new negotiation or agreement. The material provisions of the policy respecting ... statute applied and inhibited valid hypothecation of the reserve as security therefor, as defendant ...

  • 85 F.2d 677 (D.D.C. 1936), 6710, Haskins Bros. & Co. v. Morgenthau

    ... of the United States they have no right or estate in the public money or any other money in the ... the shadow of a doubt that the fund realized in the collection of the processing tax on ... the latter case there was a special hypothecation for the payment of the principal and interest of ... to retard and diminish, contrary to the agreement, the quantity of oil brought into the United ...

  • 61 F.2d 329 (7th Cir. 1932), 4793-4798, Guaranty Trust Co. of New York v. Fentress

    ... was less than the indebtedness, the real purpose of the litigation was to prevent the sale ... one in rem; (b) that thereby all of the estate of the insolvent companies within the ... as he keeps within the terms of the agreement, he need not concern himself with the pledgor's ... do not assert, the validity of the hypothecation to secure the banks' loans. If the fact be that ...

  • 109 F.2d 754 (7th Cir. 1940), 6938, Schwager v. Schwager

    ... of assignment, anticipation, hypothecation or seizure by legal process. Whenever and if the ... Court of Pennsylvania in Moorehead's Estate, 289 Pa. 542, 137 A. 802, 52 A.L.R. 1251, is the ...: (1) The court construed the trust agreement as containing the intent in favor of the wife, or ...But the matter of public policy takes on real importance when such a trust is created by a ...

  • It’s Time to Revisit Risk Retention

    Two and a half years after Dodd-Frank and almost two years after the first hurriedly issued proposed rules, the six agencies (Department of Housing and Urban Development, Federal Deposit Insurance Corp., Federal Housing Finance Agency, Federal Reserve, Office of the Comptroller of the Currency, and the U.S. Securities and Exchange Commission) charged with creating risk retention...

    ... on this. Here are some of the things that really need to be addressed to make this Rule ... regarding leverage, assignment, hypothecation or the like? Remember the retention obligations ... under the pooling and servicing agreement. Who gets to enforce it? What happens if the ... loans or qualified commercial real estate (“CRE”) loans (§__.18 to §__.20 of the ...

  • Fla. Stat. § 61.075 - Equitable distribution of marital assets and liabilities
  • 90 F. 545 (8th Cir. 1898), 1,037, National Bank of Commerce v. Allen

    ... $76,500, which was secured by the hypothecation of his stock in the Mercantile Company. The ... entitled ultimately to the net profits realized from all corporate ventures; and it would be a ...'s indebtedness to the bank, without any agreement between Clarke and the bank that while it was so ... as a stockholder accordingly, and the estate and funds in the hands of such executor, ...

  • It's Time to Revisit Risk Retention

    Two and a half years after Dodd-Frank and almost two years after the first hurriedly issued proposed rules, the six agencies (Department of Housing and Urban Development, Federal Deposit Insurance Corp., Federal Housing Finance Agency, Federal Reserve, Office of the Comptroller of the Currency, and the U.S. Securities and Exchange Commission) charged with creating risk retention architecture for...

    ...Here are some of the things that really need to be addressed to make this Rule ... regarding leverage, assignment, hypothecation or the like? Remember the retention obligations ... under the pooling and servicing agreement. Who gets to enforce it? What happens if the ... loans or qualified commercial real estate ("CRE") loans (§__.18 to §__.20 of the proposed ...

  • 81 F. 425 (W.D.Va. 1896), M.A. Furbush & Son Mach. Co. v. Liberty Woolen Mills

    ... mortgage on all its property, including its real estate situate in the town of Liberty (now ... 12, 1889, after the said purchase, an agreement was entered into between the said five purchasers ... no mortgage, deed of trust, sale, hypothecation, or conveyance, executed since the twenty-first ...

  • DHL Corporation and Subsidiaries v. Commissioner of Internal Revenue, 123098 FEDTAX, 19570-95

    ...          III. Operating Agreements Between. DHL and DHLI and Related Entities ... 7, 1990; (3) whether petitioners realized additional capital gain on the sale of the DHL ... appropriate compensation to the deceased's estate. The DHL shareholders apportioned the net ...The shareholders' hypothecation of shareholding ownership should not, per se, ...

  • 196 F. 76 (D.Md. 1912), Merchants' Nat. Bank of Baltimore v. Roxbury Distilling Co.

    ... at par and $407,678.18 in cash, to be realized by the sale of the company's new preferred stock. ....          The real estate, machinery, fixtures, tools, and trade-marks ...          'Nor can the agreement be effective as a bill of sale or chattel ..., must be available for sale or hypothecation or the industry cannot be carried on. To pay the ...

  • Altmann v. C.I.R., 010268 FEDTAX, 1162-65

    ...Altmann, realized in each year ordinary income, rather than ... and his father equally) entered into an agreement with Susquehanna to purchase from it 50,000 ... constitute sales of the notes, but hypothecation thereof as security for loans made by the bank to ... constituted ordinary income, citing Real Estate Investment Trust of America, 40 T.C. 921, affd. ...

  • Sharing Time in Vacation Ownership

    ...realized through the sale of the "whole" unit to a single ...deeded interest in real estate. In both situations, the purchaser usually. ...hypothecation lender is sufficiently large that the developer ... of some form of resort (or hotel) use agreement that clearly. specifies timeshare owners' rights, ...

  • Fla. Stat. § 721.08 - [Effective Until 7/1/2023] Escrow accounts; nondisturbance instruments; alternate security arrangements; transfer of legal title
  • 156 F. 144 (N.D.W.Va. 1907), 696, Third Nat. Bank v. Jackson

    ... consisting of bonds, town lots, and other real estate, stocks, notes, choses in action, and ...This agreement, carefully drawn, contains many other ... payment of debts secured by the hypothecation of such bonds, they must look almost wholly for ...

  • AGO 1978 No. 13.

    ... interest in those materials and/or in the real property where they are. being installed is ... (2) entered into an agreement with one Mercy covering the. [Orig. Op. Page 7]. ... by the Snohomish County PUD to induce real estate housing. developers to accommodate their ... this concession into a profitable hypothecation of credit with third. persons. "We think a ...

  • 14 F.2d 64 (5th Cir. 1926), 4756, Conn v. Roos

    ...J. Conn, trustee in bankruptcy of the estate of E. O. Burton, bankrupt, and by E. O. Burton, ...H. Danforth were partners in the real estate business, and owned land in at least two ... of that partnership, in pursuance of an agreement had with Burton to the effect that he would ... that he raised any objection to the hypothecation of his half interest when informed about it, or ...

  • Brokering sublease barter transactions.

    .... Does my real estate broker's license permit me to collect a ... language be added to a sublease agency agreement protecting my right to a commission for a ... sublease, lease assignment or lease hypothecation or encumbrance or to an occupancy of the premises ...

  • 54 F. 759 (6th Cir. 1893), 49, Farmers' Loan & Trust Co. v. Toledo & S.H.R. Co.

    ... in his favor against the goods, chattels, real estate, and property of the Toledo & South Haven ... Paw Railroad Company under the implied agreement and understanding that the corporation, with the ... railroad company at the date of the hypothecation. By the terms of the pledge the bank was ...

  • Kwiat v. C. I. R., 072992 FEDTAX, 41301-86

    ... (the 1980 Transaction) comprised three agreements which were captioned " Agreement of Lease" (the ..., transfer, encumbrance, or hypothecation would not relieve Standard of its obligations ... with the acquisition or disposition of real or personal property (such as legal, accounting, ... also argue that, under the doctrine of Estate of Wiggins v. Commissioner, 72 T.C. 701 (1979), ...

  • Who Owns The Plans? Owners, Architects And Engineers, And The Federal Law Of Copyright

    Bob has been saving up for his dream home his entire life. While not an architect himself, he follows architecture trends and visits buildings designed by Frank Lloyd Wright and I.M. Pei. After purchasing a plot of land on a hillside with a view of one of California’s fertile wine-growing regions, he contacts an architect to convert his crude sketches and ideas into usable blueprints. They...

  • 123 F. 24 (9th Cir. 1903), 917, Bell v. Mills

    ... in error, as special administratrix of the estate of her deceased husband, Thomas Bell, brought an ... no greater than their interest in mortgaged real estate. In Bayly v. Muehe, 65 Cal. 345, 3 P. 467, ..., which provides, 'Notwithstanding an agreement to the contrary, a lien or a contract for a lien ... the stock or its ownership, or the hypothecation thereof, was withheld from the bidders. In Earle ...

  • Ramey Inv. Corp. v. C.I.R., 011167 FEDTAX, 1414-65

    ...What was the amount realized (within the meaning of section 1033(a)(3)(A)) by ...          The Purchase Agreement reads, in part, as follows:. ...          (a) A leasehold estate as set forth in Contract No. AF 66 (600) 8-3 ... the purchaser allowed the immediate hypothecation of the $1,000,000 mortgage for a line of credit ...

  • 45 F.2d 372 (8th Cir. 1930), 8927, Sexton v. American Trust Co.

    ...B. Betty, F. C. Harrison, Edmond M. Cook, Realff Ottesen, R. B. Swift, Albert F. Block, and ... the usual form were issued showing the agreement between the bankrupt and the customers, which ...The pledging or hypothecation thereof without right or authority was unlawful ... of the bankrupt broker found in the estate certificates for shares of a particular stock ...