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Article
Reclaiming the Law of Suretyship
S. Ill. U. L.J. (1997)
  • Barlow F. Burke
Abstract
Business firms, including miners and mining companies, seek to prevent
loss in various ways. When their assets are real property, a mortgage may
provide collateral or other security for their activities. As security for a debt, a mortgage is only an effective remedy when it enables the creditor, such as a bank or other lender, to declare a default, seize the title in a foreclosure action, and then use the property to satisfy the mortgage
debt. The Latin word for security was securitas, translated as sponsor. The idea
of a mortgage lien or a security is that the property itself "sponsors" the
repayment of the debt incurred in a mortgage loan.
Keywords
  • Surety,
  • Suretyship
Disciplines
Publication Date
1997
Citation Information
Barlow F. Burke. "Reclaiming the Law of Suretyship" S. Ill. U. L.J. Vol. 21 (1997) p. 449 ISSN: 0145-3432
Available at: http://works.bepress.com/barlow_burke/14/