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rembourser les causes

English translation: payoff the balance of the mortgage with the funds arising hereunder

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13:13 Dec 6, 2004
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Deed of Sale
French term or phrase: rembourser les causes
In a Deed of Sale under the heading "situation hypothécaire"
"Le Vendeur s'oblige à rembourser les causes de ladite inscription au moyen de fonds provenant de la présente et à en rapporter la mainlevée dans les plus brefs délais"
Pamela Hewitt
Local time: 02:04
English translation:payoff the balance of the mortgage with the funds arising hereunder
Explanation:
is the meaning of the phrase...the idea is so simple really

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Note added at 8 hrs 36 mins (2004-12-06 21:49:40 GMT)
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causes de ladite inscription....the cause here is the LOAN.....in the French system they use a whole complicated system to register the mortagage...it boils down to THE LOAN or mortgage loan...inscription means a mortgage...in French, they have to say \"inscription\" because fo their process of validating mortgages...

my translation is clear and correct...

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Note added at 8 hrs 37 mins (2004-12-06 21:51:00 GMT)
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what \'\'causes\'\' registration? A registration is \'\'caused\" when a bank says they will give you a loan..here \"cause\" is a synononym for mortgage...
Selected response from:

Jane Lamb-Ruiz
Grading comment
Many thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2shortcutxxxBourth
5payoff the balance of the mortgage with the funds arising hereunderJane Lamb-Ruiz
3 +1See explanation
Charlotte Allen
4repay the [heads of] consideration underlying the said registered entry i.e. vacating the entry.xxxKirstyMacC


Discussion entries: 1





  

Answers


15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
shortcut


Explanation:
Seems to me the French is poorly written and/or so obvious in full context that fuller logic is not required.

I assume there is some sort of bar or prohibition on some aspect of the property (due to taxes in arrears, etc.), a bar that can be withdrawn by paying money, and that the property is therefore "inscrit" or listed on some register. The Vendor agrees to use the proceeds of the sale to make the payment due and therefore liberate the property. So he will not "reimburse the causes" but will "pay off the debt for which the property has been placed on a register".

Fuller context would allow us to pinpoint the phrase and terminology, but I'm sure you can work it from there.

xxxBourth
Local time: 03:04
Native speaker of: Native in EnglishEnglish
PRO pts in category: 413

Peer comments on this answer (and responses from the answerer)
neutral  Charlotte Allen: You're kind of there - but it's even more obvious than you think.
13 mins

agree  Buzzy: with your suggestion in "": I suspect it's a normal mortgage-type loan not yet paid off; the sale price goes primarily to repaying & the new owners get a clean sheet in the mortgage registry (it's standard for mortgages to be registered in this way)
16 mins

agree  Assimina Vavoula
5 hrs
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27 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
See explanation


Explanation:
It's even simpler than Bourth suggests.

The property being sold is still under mortgage; this is the clause in the deed of sale which ensures that the vendor will use the money he gets from the sale to pay off the mortgage, so that the property changes hands free from any charges upon it. Otherwise the vendor might pocket the cash and walk away leaving the buyer with a property mortgaged to the hilt. 'Ladite inscription' refers to the registration or 'entry' of the mortgage.

'Causes de ladite inscription' is a tricky phrase to translate. I'll think about it and try to get back to you.

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Note added at 36 mins (2004-12-06 13:49:38 GMT)
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The full phrase for mortgage in French is: \'inscription hypothécaire\', normally shortened to \'hypothèque\', so I suppose you could translate \'ladite inscription\' as \'the aforementioned mortgage\'.

Something like \'repay the aforementioned mortgage in full\' might work. The point is that the value of the sale has to cover the cost of repaying the mortgage PLUS any costs associated with its \'mainlevée\', i.e. officially getting it \'lifted\' from the register.


    www.notaire.be/info/acheter/ 465_acte_notarie_situation_hypothecaire.htm
Charlotte Allen
United Kingdom
Local time: 02:04
Specializes in field
Native speaker of: English
PRO pts in category: 90

Peer comments on this answer (and responses from the answerer)
agree  xxxBourth: As you say, simple! Thank God my mortgages are a thing of the past!
1 hr
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
repay the [heads of] consideration underlying the said registered entry i.e. vacating the entry.


Explanation:
'Cause' is difficult to translate and can be: 1. legal consideration that doesn't pluralise well as well as 2. cause(s)of action that can't really support a regd. mortgage entry.

I think it boils down to: the Seller covenants to discharge the mortgage post-redemption. Repayment, strictly, is of the mortgage loan.

'We will immediately inform the customer of the non-availability and repay any consideration. § 5 Passing of Risk and Acceptance. ...'



    Reference: http://www.covertronic.com/2004/wItal/condizioni.shtml
xxxKirstyMacC
Local time: 02:04
Native speaker of: Native in EnglishEnglish
PRO pts in category: 139

Peer comments on this answer (and responses from the answerer)
neutral  Jane Lamb-Ruiz: cause is the loan .that's the reason one registers
3 hrs
  -> Must be more than the loan i.e. interest etc & expenses - it's in the plural.
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3 hrs   confidence: Answerer confidence 5/5
payoff the balance of the mortgage with the funds arising hereunder


Explanation:
is the meaning of the phrase...the idea is so simple really

--------------------------------------------------
Note added at 8 hrs 36 mins (2004-12-06 21:49:40 GMT)
--------------------------------------------------

causes de ladite inscription....the cause here is the LOAN.....in the French system they use a whole complicated system to register the mortagage...it boils down to THE LOAN or mortgage loan...inscription means a mortgage...in French, they have to say \"inscription\" because fo their process of validating mortgages...

my translation is clear and correct...

--------------------------------------------------
Note added at 8 hrs 37 mins (2004-12-06 21:51:00 GMT)
--------------------------------------------------

what \'\'causes\'\' registration? A registration is \'\'caused\" when a bank says they will give you a loan..here \"cause\" is a synononym for mortgage...

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 406
Grading comment
Many thanks
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