As a guarantee of repayment of a loan, lenders often require borrowers who are lenders, collateral to lenders, their rights, their rights and interest (rights) and rental income that accrues to borrowers. Where a sale of rental income guarantee is made up so that the borrower`s rights to these rental incomes are at the end of the execution of the document and are transferred without delay and without conditions to the lender, the lender is immediately authorized by these rights. In these circumstances, the borrower`s action against the defaulting tenants can be met by the formidable defence that the borrower was not brought against unpaid rents for transferring such rights to the lender in a loan transaction. Lease income security transfers are often included in security transfer contracts and/or mortgage loan documents (borrowing documents). The condition of the loan was that the mortgage bank could only claim the rights transferred with the agreement of the Mortgagors, unless the Mortgagor was late in the loan or the resulting loan. The SCA found that this did not mean that the security transfer was subject to conditions and would only take effect with the consent of the murderer or in the event of a delay. Mortgage fees have not been suspended until now. What has been suspended is the ability of the mortgage to personally exercise these rights until default and termination are made. If the contrary interpretation was correct, namely that the transfer was subject to conditions and took effect only with the consent of the murderer or in the event of a delay, it would be destructive for the very purpose for which the security assignment was granted, the guarantee of the loan that the bank was to advance. This would mean that the mortgage bank would not have protection in the event of the murderer`s insolvency. Why do I need a transfer of agreements? The reasons for the sale and assignment of an agreement are multiple and may include restructuring an organization, transferring a business or acquiring a debt. This transfer agreement provides for the transfer of rights and the transfer of obligations from one person to another.
In the context of leases, the transfer occurs when the taker (the person who leases the property) or the Cedent transfers to a third party (the transferor) the rights he has against the lessor (the person who rented the property). A second contract is not entered into in this regard and the original tenant remains in the tenancy agreement as a debtor. When the reccide procedure is effective with the previous letter of application or the initiation of formal legal proceedings, the borrower is provided with the necessary means. However, it is a trivial law that from the moment the borrower can act, the borrower must not require a prior appeal permit and retain that power of appeal until the final sentence is handed down. So it`s a bonus to have locus standi in terms of demand. If the borrower issues a letter of formal notice or initiates formal legal proceedings without such a recession in terms of rental rights, he can avail himself of having done so in some kind of representative agency or property.