Estoppel 2025

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The document is an Estoppel Affidavit and Agreement for Deed in Lieu of Foreclosure between a Borrower and a Lender. It outlines the Borrower's voluntary transfer of property ownership to the Lender through a Quitclaim Deed, in exchange for the cancellation of mortgage indebtedness. The agreement confirms that the transfer is not intended as a mortgage or security interest, waives the Borrower's rights to homestead exemption, and establishes terms regarding the release of personal liability and insurance rights related to the property.

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What does estoppel mean in real estate?

The three main elements are that 1) the promisor made a promise designed to induce the promisee to do something or refrain from doing something 2) the promisee relied on the promise and did or refrained from doing the action induced and 3) the promisee suffered harm due to the promisor not keeping the promise.

What are the elements of the estoppel?

The elements of estoppel by conduct are: (1) that there must have been a representation or concealment of material facts; (2) that the representation must have been made with knowledge of the faculty (3) that the party to whom it was made must have been ignorant of the truth of the matter; and (4) that it must have

What are the three elements of estoppel?

The Texas Estates Code recognizes the doctrine, defining child as including a person adopted by acts of estoppel. For example, a child has been adopted by estoppel when a natural parent delivers a child into the custody of others under an agreement between the parent and the custodians that the child will be

What are the requisites of estoppel?

Promissory estoppel requires: an unequivocal promise by words or conduct. evidence that there is a change in position of the promisee as a result of the promise (reliance but not necessarily to their detriment) inequity if the promisor were to go back on the promise.

What are acts of estoppel?

The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied.

What are the grounds for estoppel?

Characteristics of estoppel It must be reciprocal and mutual, i.e. must bind both parties to the litigation; It must be certain. This is especially so with regard to estoppel by conduct which must be clear, precise and unambiguous; It cannot be used to circumvent the law, i.e. to evade statutory and legal provisions.

Estoppel 2025

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