Dp. Stark, AVOIDING THE RECHARACTERIZATION OF CERTAIN DEED-IN-LIEU-OF-FORECLOSURE TRANSACTIONS - ENSURING THAT WHAT YOU DRAFT IS WHAT YOU GET, The Banking law journal, 110(4), 1993, pp. 330-341
The author analyzes the reported decisions that have ruled on the issu
e of whether executory deed transactions are unenforceable as a ''clog
'' of the equity of redemption of defaulting borrowers. Lenders are ad
vised on how to structure and document such transactions so as to incr
ease the likelihood that they will be enforced.