Article
Reclaiming the Law of Suretyship
S. Ill. U. L.J.
(1997)
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/