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Archiver > APG > 2005-09 > 1125676786


From: "Paul K. Graham" <>
Subject: RE: [APG] Deeds -- interpreting the language
Date: Fri, 2 Sep 2005 11:59:46 -0400
In-Reply-To: <20050901125745.78867.qmail@web53402.mail.yahoo.com>


Rebecca,

Question #1: Dorothy Jones is the "party of the second part" in this
instrument. In a mortgage or other lending instrument, the person who owns
the property is the first party and the person lending the money is the
second party. In this case, the language in your abstract makes it clear
that John Jones has received money (a loan) from Dorothy Jones and has
mortgaged his farm in Rensselaerville.

Another clue in mortgage instruments is that the person who the document is
"Registered for and at the request of" is the lender, because the lender has
the most at stake if the document is not recorded promptly.

Question #2: You are mixing definitions up a little here. You cannot
mortgage land owned by another person. You can lend the other person money
and *they* can mortgage the property with you as the secured party.

Question #3: I am not very familiar with court systems in the North, but
most of the mortgage cancellations I have seen include the name of the
current holder of the note. What is the full text of the cancellation you
found? Someone else may know whether there was a notation made in a court
minute book relating to the transaction. If so, I would like to know that
too.

Hope this helps.

Paul K. Graham

-----Original Message-----
From: Rebecca Rector [mailto:]
Sent: Thursday, September 01, 2005 7:58 AM
To:
Subject: [APG] Deeds -- interpreting the language

I'm finding some good clues in old Albany Co., NY mortgages. But I'm unsure
how to interpret some language. Ex: Registered for and at the request of
Dorothy Jones, executrix of the estate of Gilbert Jones, deceased of
Westchester Co., 1807...John Jones of Rensselaerville in Albany Co., for &
in consideration of $700 hath mortgaged all that farm lying in town of
Rensselaerville, and now in posession of the party of the first
part...(mortgage was discharged in 1812 and acknowledged by Judge X of Court
of Common Pleas, Westchester..)
Is Dorothy Jones the "party of the first part", even though it never
actually says this, like it does in most deeds? If so, did Dorothy &
Gilbert own the land being mortgaged by John?
And, could there be more information in the Common Pleas records of
Westchester?

Thanks,
Rebecca
(original subject line had the word mortgages in it, which most servers were
trashing)



Rebecca Rector, MLS
RbInfo Research
Troy, NY
www.rbinforesearch.com

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