Hastings Law Journal


Ronald Friend


Alternative mortgage instruments have become the rule, rather than the exception, in modem real estate financing in both the commercial and residential sectors. The departure of modem financing techniques from the traditional form raises a host of legal and practical questions. This Article examines issues that arise in conjunction with shared appreciation mortgage financing, though the discussion is also applicable to other alternative mortgage instruments. Among the issues examined are those relating to usury, mortgagees' right of redemption, securities law, income taxes, restraints on alienation, debt vs. equity, redlining, and others.

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