Simple English definitions for legal terms
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A submortgage is when someone who has a mortgage on their property gets another loan and uses their mortgage as security for that loan. It's like borrowing money and putting your house up as collateral. Sub nomine is a Latin phrase that means "under the name" and is often used in legal cases to show that a name has changed during the case.
Definition: A submortgage is a type of mortgage that is created when a person who holds a mortgage as security for a loan gets another loan from a third party and pledges the mortgage as security. It can also refer to a loan given to a mortgagee who puts up the mortgage as collateral for the loan.
Example: John has a mortgage on his house that he used as collateral to get a loan from Bank A. Later, he needs more money and gets a loan from Bank B, using the same mortgage as collateral. This creates a submortgage.
Explanation: In this example, John already had a mortgage on his house that he used to secure a loan from Bank A. When he needed more money, he got a loan from Bank B and used the same mortgage as collateral. This created a submortgage because the original mortgage was already being used as security for the loan from Bank A.
Example: In a court case, the name of the case may change from one stage to another. For example, a case may be known as Guernsey Memorial Hosp. v. Secretary of Health and Human Servs. at one stage, but then be changed to Shalala v. Guernsey Memorial Hosp. at a later stage.
Explanation: In this example, the Latin phrase "sub nomine" is used to indicate that the name of the case has changed from one stage to another. The abbreviation "sub nom." is often used in case citations to indicate this change.