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lawweb   10 May 2018

Good article on subrogation

Good article on subrogation

 
S 92 OF TRANSFER OF PROPERTY ACT -SUBROGATION
 
Subrogation is a Roman term meaning “substitution”.It is the right of person to stand in the place of a creditor. When a mortgagee transfers his mortgage debt, his assignee becomes vested with all his rights that is his assignee is substituted or subrogated in the place of mortgagee. In order to be entitled to subrogation, a person must pay off the entire amount of a prior mortgage, because subrogation takes place by redemption,and unless there is redemption, there can be no subrogation.Partial payment of mortgage-debt can not give rise to a claim for a partial subrogation.


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