from The American Heritage® Dictionary of the English Language, 4th Edition
- n. Law One that holds an encumbrance.
from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. Alternative form of incumbrancer.
from the GNU version of the Collaborative International Dictionary of English
- n. Same as incumbrancer.
from The Century Dictionary and Cyclopedia
- n. One who holds an encumbrance or a legal claim on an estate.
Sorry, no etymologies found.
The landlord entitled to require the State to purchase his property is the immediate landlord, that is to say, the person entitled to the receipt of the rent of the estate; no encumbrancer can avail himself of the privilege, the reason being that the Bill is intended to assist solvent landlords, and not to create a new Encumbered Estates Court.
But after reading your state's recording statutes, you may want to consider how these cases, if at all, fit into making the legal analysis necessary when attempting to undo/unwind/void an abusive real estate transaction by attacking the bona fide purchaser status of a subsequent purchaser or encumbrancer/mortgage lender.
As between the plaintiff in Wutzke and the bona fide encumbrancer for value, the court found that the plaintiff had a superior interest.
Voiding the deeds and mortgages in these cases (in situations where the instruments are voidable, as opposed to being absolutely void - "void ab initio") will turn on whether the subsequent third party purchaser or encumbrancer, despite lacking in actual knowledge of the fraud or other abusive transaction, can otherwise be charged with notice of the fraud, thereby making bona fide purchaser/encumbrancer status unavailable to them and, consequently, subjecting the deeds or mortgages to being voided/rescinded/set aside.