When the price of a sale with right to repurchase is unusually inadequate
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- In a sale and leaseback transaction, which of the following statements is most incorrect? A. The seller-lessee records a rent expense. B. The buyer-lessor recognizes an gain. C. The seller-lessee derecognizes an asset. D. The buyer lessor recognizes an income.In respect to Loss Conditions in the Commercial Property Coverage Forms, after a loss has been paid, if the property is recovered. What option does the Named Insured have? O a. Named Insured has an option to take the property and return the loss payment. b. No options, the loss has been paid. c. The Insurance company can keep the property if the Named Insured does not want it. d. The Named Insured can take the property back and not pay back the loss payment.T/F 1. In conventional redemption, the creditors of the vendor may make use of the right of redemption against the vendee although they have not exhausted the properties of the vendor. In case of doubt, a contract purporting to be a sale with a right to repurchase shall be construed as an equitable mortgage. For an assignment of credit to be binding against third persons if a movable property is involved, the same must be in a public instrument and recorded in the Registry of Property. A debtor who has paid his creditor before he learns of the assignment of his debt shall be released from his liability to the assignee. The debtor's consent is required for the validity of the assignment of the credit made by his creditor to another person.
- In the foreclosure of there al property mortgaged in a contract of reale state mortgage, which of the following statements is correct? a. The mortgage e may recover the deficiency in the absence of stipulation to the contrary. b. The mortgag o risen titled to the excess in the absence of stipulation to the contrary. c. Bothaandb d. Neither a nor bIt refers to the right of mortgagor to redeem the mortgaged property after his default of the performance of his obligation by paying the secured obligation in order to prevent the public sale of his mortgaged property. a. Equity of redemption b. Right of redemption c. Right of preemption d. Equity of preemption25. What is the remedy available to vendor or lessor when the vendee or lessee fails to pay a single instalment or single periodic rental in an instalment sale or finance lease of personal property assuming a chattel mortgaged is constituted on the personal property sold or leased? Group of answer choices a. Exact fulfilment of the obligation with right to recovery for deficiency b. Cancel the instalment sale or finance lease resulting to mutual restitution c. Foreclose the chattel mortgage on the personal property sold or leased d. Any of the above
- Which of the following security instruments, if any, does not allow the debtor the right of redemption upon default? a. Mortgage foreclosure by "action and sale" b. "Strict foreclosure" of mortgage c. Debtors have a right to redeem property under all of these security instruments. d. Deed of trust e. Mortgage foreclosure by "power of sale"80. In which of the following instances will the sale with a right to repurchase or pacto de retro sale or deed of absolute sale not be presumed an equitable mortgage? Group of answer choices a. When the price of a sale with a right to repurchase is inadequate. b. When the vendor remains in possession as lessee or otherwise c. When the purchaser retains for himself part of the purchase price. d. When the vendor binds himself to pay the real property taxes on the thing sold.A lender whose mortgagor has defaulted may be offered a deed in lieu of foreclosure. If he accepts, which of the following will be TRUE? a. Because it is voluntary, it will not be an adverse item on the buyer's credit. b. The lender will take the title subject to any junior liens. c. The lender will usually retain his rights under mortgage insurance or VA guarantee. d. The loan will still be assumable.
- Redeemable debentures can be described as__________ Select one: a. debenture secured by either movable or immovable assets. The debenture holder has the right to claim repayment from the proceeds of the sale of assets. b. debentures that are not secured by any asset. The debentures holders have the same rights as any other creditor on the case of liquidation. c. debenture holders have the option to convert their debenture into specific shares after a specified period. d. debentures may be redeemed prior to the maturing date.When a note payable is exchanged for property, the stated interest rate is presumed to be fair when A. The stated interest rate is equal to the market rate.B. no interest rate is stated C. the stated rate is unreasonable.D. the face amount of the note is materially different from the cash sales price for similar property.Which one of the following is not an advantage of leasing fixed asset? a. Repairs and maintenance are borne by the lessor b. Risk of loss due to obsolescence is on the lessee c. Lessee has access to asset without the need to purchase the asset d. Lessor becomes the owner of the asset