Mortgage Drafting: Lessons from the Restatement of Mortgages
The American Law Institute's adoption of the Restatement (Third) of Property: Mortgages may have significant impact on the negotiation and drafting of mortgages. Rather than merely reciting the prevailing case law, the Restatement proposes approaches the American Law Institute believes are desirable as a matter of sound policy. This Article highlights key areas in which the new Restatement may affect mortgage drafting and suggests useful techniques for mortgage drafters.
Dale A. Whitman, Mortgage Drafting: Lessons from the Restatement of Mortgages, 33 Real Prop. Prob. & Tr. J. 415 (1998)