URGENT! Can land be subject to chattel mortgage?
Written By: admin on October 15, 2009
One Comment
i need your opinion, thanks a lot
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Technically, no. "Chattel" by definition does not apply to land. But . . . just because a legal instrument claims to be a chattel mortgage does not mean it cannot encumber or cloud the title to land or the improvements on land. For instance a recorded chattel mortgage on the elevators, mechanical systems, pumps, & air-conditioners in a building will certainly encumber the building, if not the title. And just typing the term "chattel mortgage" on what is obviously NOT intended to be one doesn’t make it one. And finally, many real estate mortgages refer to and incorporate the terms and default provisions of simultaneously or earlier made chattel mortgages, which effectively makes them part of the real esate mortgage.