A property owner conveys their land to a lender through an absolute deed. The borrower later claims that this transaction was actually intended to serve as security for a loan and not as a true conveyance. Under what principle may the borrower prove this claim?
The borrower’s equitable redemption option permits proving the absolute deed was a security device.
The parol evidence rule allows extrinsic evidence to show the parties' intent in cases where an absolute deed is alleged to be a security device.
Statutory intendment converts absolute deeds to security devices if a debt exists.
The doctrine of estoppel bars the borrower from providing evidence contradicting the terms of the absolute deed.
The correct answer is the parol evidence rule allows extrinsic evidence to show the parties' intent in cases where an absolute deed is alleged to be a security device. The essence of this principle lies in determining the true nature of the transaction—whether the deed was intended as an outright conveyance or as mortgage-style security for a loan. Courts will examine evidence such as the parties' behavior, the existence of a debt, or the circumstances surrounding the transaction.
The incorrect answers misunderstand key legal principles. The doctrine of estoppel applies when a party is barred from asserting a claim or defense due to previous conduct inconsistent with that claim, but it does not apply here. The equitable redemption option, which allows borrowers to reclaim their property after a missed payment but before foreclosure, relates to mortgages rather than the characterization of an absolute deed. Finally, 'statutory intendment' is not a legal principle and is not applicable in any context.
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Multistate Bar Examination
Real Property
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