The legal title of a property refers to the legal ownership which comes with the right to control the property in compliance with the law. In contrast, an equitable title gives a person the right to enjoy the benefits that come with the ownership of a property despite them not being the legal titleholders.
Sometimes phrased as "equity regards as done what should have been done", this maxim means that when individuals are required, by their agreements or by law, to perform some act of legal significance, equity will regard that act as having been done as it ought to have been done, even before it has actually happened.
A motion to set aside may be brought to set aside a judgment based upon: Lack of jurisdiction over the person or the subject matter; Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or.
In essence, an equitable owner has a beneficial interest in the property, which means they enjoy the advantages of ownership, such as the right to use the property, receive income from it, and bear the responsibilities associated with it, like maintenance and taxes.
“ 'Unclean hands' is a shorthand reference to OCGA § 23-1-10, which states: 'He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action. ' ” Higdon, supra, 321 Ga.
A beneficial interest in real property that gives the title holder the right to acquire legal title to the property. Equitable title holders cannot transfer legal title to real property, but they derive benefits from the property's appreciation in value.
Conversely, the beneficiary possesses the equitable title. While they might not have direct control over the property, they are the ones who benefit from it, either through its use, its income, or its eventual transfer upon certain conditions being met.
Let's say your home has an appraised value of $250,000, and you enter into a contract with one of the home equity agreement companies on the market. They agree to provide a lump sum of $25,000 in exchange for 10% of your home's appreciation. If you sell the house for $250,000, the HEA company is entitled to $25,000.
Generally, you can borrow up to 80% of your home's value minus your remaining home debts, meaning you're not eligible for an HEA until you have at least 20% equity in your home. Debt-to-income (DTI) ratio: Calculate what percentage of your monthly gross income goes toward your debt payments.
Experience as a law intern in the alternative investment industry is highly recommended for entry-level positions. You'll need five to ten years of mergers and acquisitions experience to work as a chief legal officer in the PE industry.