Perception of Self and Others free essay sample

How do I see myself? I am skilled at making other people happy and doing whatever I can do to make people around me happy. I am skilled at listening to people and their problems and also I am skilled at making new friends. I have the ability to make people around me feel comfortable and friendly and I also have the ability to make people laugh. I have the ability to resolve arguments easily. I know things about others that make them happy. I am competent at doing things that make people feel friendly around me. I am also competent at stopping fights and making people to stop hating each other. One part of my personality is that I never fight with others. I always swallow my anger whenever I am angry at someone instead of releasing my anger. How do others see me? Other people believe that I am skilled at resolving issues. We will write a custom essay sample on Perception of Self and Others or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page They feel friendly around me. Other people believe I have the ability to make anyone my friend. Other people believe I know things about their feelings and I can always make them feel happy and comfortable when they are around me. Other people believe that I am competent at stopping fights and making people to stop hating each other. One part of my personality is that other people believe that I am a super cool person and they always know that I will not get angry or fight with them no matter what happens. From both the lists it is clear that how I see myself and how others see me are two very similar lists. To conclude, it is clear that I am good at making friends and at resolving issues that other people are facing either between themselves or with me. The only difference in the lists is that people thing I never get angry but in actual I do get angry but I never show my anger and always keep it inside me. Who I am and how I know this? Well I am a genuinely nice person with whom everyone wants to hang out. I do not get angry at others and always try to make them smile. This trait has its advantages which are apparent but also has some disadvantages like people mostly tend to hurt me without even knowing it because when they hurt me, I tend not to let them see me angry or hurt but in fact I do the opposite and smile at them.

Moon Bounce essays

Moon Bounce essays I leave my words in front of you as sales manager of the newest, fastest growing, and most innovative company in the world; National Organization for Planetary Exploration (NOPE). I am submitting this paper today to make you more aware of the possibilities that lie before you. My team and I are giving people the opportunity to go where no normal man has ever gone before. We are giving people the opportunity to experience a feeling that is so unnatural and so unique and thrilling that they would be more than willing to do it again. We are proposing, with your approval, a trip to the moon. And documented below we have all the reasons and more why you should chose to see the entire world ride in luxury with us. Trips to the moon moved out of science fiction and into reality on July 20th in 1969. On that date, Apollo 11 landed on the Sea of Tranquility, extending the edge of human experience 400,000 km into space and to the surface of another planet. Many other landings have followed directly in Apollo 11s footsteps. Apollo 17 became the end of this beginning of human movement into the universe. It is now our turn to be able to bring this feeling to the world at an affordable price with respect to the circumstances. Take for example this that lays before you, just imagine: Seven and one half million pounds of pulsing, crackling thrust from five huge first stage engines, burning kerosene and liquid oxygen, first shook then lifted us toward space, turning night into day behind. In the midst of extraordinarily heavy vibration, forces of acceleration, built up slowly, at first, then gradually increasing until, just before the first stage burn ended, you reached four times Earth's gravity. Then, the first stage shut down, the rocket stack unloaded in the absence of thrust, the now useless first stage dropped away toward the Atlantic Ocean, and the second stage ignited to continue your upward and southeastward journe ...

What Goes Well with Chicken Soup

What Goes Well with Chicken Soup Lots of writers ask me how to get published in the bestselling, â€Å"Chicken Soup for the Soul† book series. That’s because I’m very lucky to be a frequent contributor. In the past few years, they’ve published 40 of my stories.    Submitting is simple. You go to their website: www.chickensoup.com, fill in your name, address, etc., and then just paste your story. Authors receive $200 plus 10 books per story. CSS editors receive over 5,000 submissions per book. The editors want stories, not essays. I keep the term â€Å"a Chicken Soup moment† etched in my brain. At this point, I’m acutely aware of when I’m experiencing a Chicken Soup moment. Or notice that someone else is. I was reading a friend’s Facebook post. On her FB page, she posted a beautiful picture of a Christmas decoration she kept up all year and wrote, â€Å"I hung these three angels from my dining room chandelier at Christmas two years ago and they have never left.† Her caption for her picture: â€Å"Angels Watching Over Me.† The instant I saw that, I e-mailed her, suggesting that was a perfect Chicken Soup moment. Your life is filled with Chicken Soup moments. You just have to see them. Those moments do not need to be huge, as in a miraculous medical recovery. You can find them in the simplest of experiences. Although I have had stories accepted about my spinal cord injury, simpler topics have included: â€Å"The Appointment,† about my husband falling apart when our dog got groomed for the first time, â€Å"Little Things Matter,† about not celebrating Valentine’s Day because we didn’t want to bother, â€Å"My Husband is on a Diet† about family humor, â€Å"Mud-dling Through,† about how I stopped to help an old dog get up from a mucky sandbar. I’m seeing a slight trend of CSS accepting more humor, as well as just a tiny touch of edginess. In â€Å"Chicken Soup for the Soul: Shaping the New You,† my humor story has the following dialogue. Last night he screamed from the bathtub, â€Å"I’ve got it!† I called out from the den, â€Å"Geez Bob. I hate to think what you mean In another book, â€Å"Think Positive,† I tell a story involving my husband having x-rays. The technician forgot to remove whatever they call those things that are placed over nipples so that nipples don’t show up as suspicious spots on the films. I have this dialogue: â€Å"What are people going to think if you’re wearing nipple buttons?† I grabbed his nipples and started yanking. A year ago, I would have edited those parts out before submitting. Although the editors have published my reprints, as long as the columns ran in a very small venue, they prefer originals. I retain rights to my stories. However I do agree to give permission to CSS to use my story in various venues. That’s part of the contract. This works in my favor. My stories have appeared in www.beliefnet.com, which is a huge inspirational website. Several of my works have been picked up, also via CSS, Your chances of acceptance are increased if you submit something unique. You can predict the most common topics. A terrific writer/friend submitted a story about finishing his first marathon for the book: â€Å"Runners.† He didn’t get accepted. He’s such a great writer, but one’s first marathon was likely the topic of plenty of stories for that book. CSS editors prefer diversity, and your life is full of it, trust me.

The Curse by Andre Dubus - Story Analysis Research Paper

The Curse by Andre Dubus - Story Analysis - Research Paper Example The curse entails about a rape case, which was witnessed by the character, Mitchell. It concentrates more about his opinions and views concerning the rape case and portrays how it generally affects him both socially and psychologically. Mitchell his hunted with guilt for what occurred has he did not do anything to help. He struggles with conflicts that hunt him internally, as he tries to manage the empathetic emotions. In this aspect fear, for being hurt or injured in the situation prevents him from intervening and the culture code make him question his essence of protection to a woman as a man. The story questions on aspect of manhood, action and inaction. After analysis of our fist character Mitchell, we consider the other essential characters in the story, which are the motorcyclists. The author describes them as egocentric, in human and inconsiderate people who acted in self-interest. He shows how passionate they were as they first entered into the bar, â€Å"their eyes were qui ck, alert as wary animals, and they spoke loudly, with passion, but their passion was strange and disturbing, because they were only chatting, bantering (the curse, p.274) We also have a clear outline of the people present in the bar, the author describes Bob, he described him as a black-haired man who is too big compared to Mitchell Hayes, the author states that Mitchell " looked from the door, past Bob to the empty space of floor at the rear; sometimes people danced there, to the jukebox" (pg.273). The story also analysis on the women and their views and their reactions towards the rape case, in the society, in â€Å"the curse† we have three women involved, we have the rape victim, Mitchell wife, and Mitchell stepdaughter. He states on how he met his wife "One night she came into the bar with two of her girl friends from work. She made sixdollars an hour going to homes of invalids, mostly what she called her little old ladies, and bathing them" (pg.276). The author expounds that after Mitchell gives a clear outline of the rape case to his wife Susan, she says that he did the right thing, Mitchell his portrayed as Susan’s â€Å"little old ladies†. Mitchell does not want to become just â€Å"a good witness† he fills that he ought to have done something. Mitchell feels he himself will be at trial for what he did not do to assist the young woman. In this page, we are able to known about women attitudes and the categories in which Mitchell wife and stepdaughter view the rape case. In the next part of the story, we are able to analyze on struggle that Mitchell went through during the rape period. Mitchell had to submit, like the girl and just watch what was going on. Victimization of Mitchell by the motorcyclists, psychologically affected him. Both the girl and he were considered as victims in the story. Mitchell could not fight the five strong men and to the author explanation, it becomes a rape case to Mitchell. The author states that Mitchell "looked once at her sounds, then looked down at the duckboard he stood on, or at the belly or chest of a young man in front of him," (pg.273). In the next part of the story, the author states on the continuous condition of Mitchell. Mitchell becomes a storyteller, instead of being the hero, in his story telling, Mitchell leaves out the aspect of being the coward person who was not able to assist the victim this haunts Mitchell. The story also analysis the caring aspect of Mitchell to his customers, in the

Arts education interpretation activity Essay Example | Topics and Well Written Essays - 4000 words

Arts education interpretation activity - Essay Example ging from English proficiency to mathematics, however this fails to address the psychological and sociological problems that often serve as the catalyst for re-offending. In order to get to the root of what actually drives prisoner desire to continue a life of criminal behaviour, there needs to be more focus on establishing relationships with habitual offenders to alter these behaviours that pose risk and danger to the whole of society. This serves as the appropriate rationale for the development and launch of an arts education program. Art education, at is foundations, delivers on social justice by promoting social inclusion, establishing emotional intelligence for cultural diversity, and also promotes a desire within arts-educated individuals to continue pursuing life-long learning. Why is this? Arts education inspires a sense of social inclusion for those in the prison system who currently feel alienated and shunned from the rest of society (Kotler Trust 2013). Prisoners can be taught the fundamentals of higher education routinely, which would certainly build their competencies in mastering knowledge. However, only arts education maintains the potential to alter social attitudes and create important psychological connections between culture and the self, thereby inspiring an individual within the prison system to explore maximising their own potential. This proposed arts education pack is designed to build psych o-social strengths within conflicted and frustrated prison populations for long-term rehabilitative outcomes and removing risks from society from those prisoners unable to find appropriate cultural connections that motivate compliance with the social order. The term arts can be interpreted in many ways, including tangible renditions of sculpture, paintings, and music. For this arts education program, however, the intangibles of arts as it pertains to cultural awareness and cultural inclusion make up the foundation of how this education program will be

Theory of Title Essay Example for Free

Theory of Title Essay The State of Arkansas was selected as the example state because of its proximity to surrounding states of Tennessee, Mississippi, Missouri, and Okalahoma and the frequency in which individuals change their residency between the surrounding States. The research examines the type of real estate transfer theory practiced in the State of Arkansas by reviewing relevant case laws, mortgage practices and supplementary materials dealing with contract law and collection of rents. The literature tends to suggest that Arkansas does that follow any particular lien theory and utilizes a combination of each of the three lien theories. The Outline I. Introduction II. General definitions of three theories governing title transfer in United States of America: a. Title theory. b. Lien Theory c. Intermediate theory IIIGeneral effects of theories in practice a. Effects for the lender b. Effects for the borrower IV. Transfer of title in the State of Arkansas a. Prevalent theory used in State of Arkansas b. Review of laws and regulation governing transfer of title in Arkansas . Throughout the United States the rate of housing foreclosures or mortgage defaults continues to rise at an alarming rate. This rise in foreclosures and mortgage defaults in many instances can be attributed to a weakening economy. Many individuals enticed by a strong economy freely entered agreements to purchase homes with little regard to the actual terms of their agreement. A picture of these individuals would usually find young adults in a two to three person household, who finally obtained the opportunity to live the American dream and took full advantage of that opportunity. For many of these individuals this may have been their first home purchase or with decreasing interest rates they believed they could finally afford to remodel their present home to be their dream home. These same individuals knew little about twists and turns of purchasing a home or mortgage finance laws. Many did not use lawyers and simply relied on the advice of the lenders, mortgage companies or real estate agents. Unfortunately, the economy failed to cooperate as those families with two person incomes dropped to one person incomes and those adjustable rate mortgages increased beyond household income. The end result is a slow housing market with individuals actually losing their homes in drastic numbers or selling their homes at reduced prices, which usually means a lost for the average home owner. It affects their ability to purchase a new home and decreases the amount of funds that will be available to local economies through the purchase of other consumer goods. Because our country has become so mobile, allowing individuals to move from place to place with ease, many individuals had no problem locating new areas in various states to call home. Examples of the easy mobility concept are individuals living in the State of Tennessee who find it extremely easy to purchase a home in Arkansas or Mississippi and maintain their jobs in Tennessee. In fact, with the growing pressure to leave the fast life and crime often found in large Metropolitan areas, individuals jumped at the opportunity when confronted with advertisements from small suburbs or rural cities which boosted of the quiet simple life to raise their families while only minutes away from the recreation, entertainment and lucrative employment opportunities of the Metropolitan cities. It was the dream of a life time that many simply could not pass up. Understanding mortgage finance laws of the State an individual intend to purchase a home or understanding mortgage lending theories is extremely necessary and important to any individual relocating to another state or those who have lived in a state and purchase their first home. Unfortunately, most individuals seeking to relocate assume and wrongly so, that the laws regarding mortgage finance are the same throughout the United States. They are unaware of the procedures or consequences involved in retaining their property should they become delinquent in their mortgage payments. When an individual moves from one state to another they subject themselves to the laws of the state in which they are doing business. However, in some states an individual may be able to specifically contract that the mortgage or contract may be governed by the laws of another state. This is seldom used for individual residential mortgages and used primarily in some commercial transactions that occur in another state. Mortgage laws in their new state may or may not be to their advantage and they should know the advantages and disadvantages before they decide on purchasing a home in their chosen state. This is also true for businesses financial institutions lending funds, and other entities crossing state lines to conduct business in other states, i. e. , purchasing businesses or other property or obtaining loans in other states to conduct business in the State of Tennessee. The general belief of the average individual is that once they purchase a home or obtain a mortgage, the title to the property is placed in the name of the borrower and that a lender simply obtains a lien on the property and can only foreclose on the property when and if the borrower is unable to make payments and then, and only when an action is filed in a court of law. This may or may not be true based on the laws and practices of the State in which the transaction originates. Thus, a review of the laws governing the state in which the individual intends to obtain its mortgage will prove extremely beneficial. However a greater benefit will be obtained if the home buyer seeks the services of a licensed attorney or a home buyer counselor. This senior project has chosen the state of Arkansas to review its laws regarding the transfer of title in real property. Arkansas was selected because of its proximity to the State of Tennessee and Mississippi and the ease in which residents move their residency from one state to the other. Thesis Statement) Individuals entering into financial agreements to obtain funds to purchase real property should always know which of the three theories of real property transfer is practiced in the state in which they intend to obtain a mortgage. Literature Review The purpose of this senior project is to first review the three general theories governing real estate transfers as practiced throughout the United States, and how they can affect the transfer of property from a lenders perspective and from a borrower’s perspective. The project will also review the present status of mortgage lending and home buying throughout the United States and how the theories of title transfer has affected the present market. The project uses the State of Arkansas as the example state for its review and analysis. The project will explore and review how the laws in the State of Arkansas’ differ from other states in the United States and review the effects of such laws on individuals and businesses doing business within the State of Arkansas. Determining what theory is utilized within a particular state when obtaining a mortgage or transferring real property will prove extremely beneficial and alleviate serious problems for both the lender and borrower, should problems arise regarding ownership of the property, or in foreclosure proceeding. Knowing ones rights will assist the homebuyer in understanding what can happen to their property if they should become delinquent in their mortgage payments and allow them an opportunity to attempt to save their property or their equity interest should a foreclosure action be filed against them. The review will also examine how the failure of borrowers to understand property transfer theories can have a devastating affect on their ability to retain ownership of the property during a foreclosure action. Information released from Foreclosure Data online and posted on October 19th, 2007 indicate that the growing number of mortgage foreclosures has begun to affect more than just residential homeowners, â€Å" in some residential blocks where ten to twelve homes in a twenty-five home block, have ‘bank owned’ for sale signs on their lawns. The rising rate of foreclosures throughout the United States provide justification for the idea of borrowers taking more responsibility in determining their rights and the potential consequences when entering mortgage contracts where ever they live. In order to understand what happens if default occurs residents must always be aware of the three basic theories practiced throughout the United States relating to transfer of title and then attempt to understand which theory is actually practiced in the state in which they desire to purchase real property. This is especially relevant as many state fail to practice a single theory and combine several theories to develop a single procedure for dealing with property transfer in their state. For the most part title theory of a particular state is determine by case law, even in situations where states have adopted statues defining how title transfers will be conducted in their state. General Definitions of title transfer theories Following a broad adoption of English pure title theory by the American States, three theories of title have evolved. According to the Restatement Third of Property and (Mortgages), the evolution of title theory from the English common law has served to reduce the rights of the mortgagee under the ‘pure’ or original title theory of England. The pure title theory worked a defeasible conveyance of the fee to the mortgagee, which obtained legal title, the right to possession, and the right to collect the rents and profits. (2) This evolution included the development to (a) lesser title theory, (b) lien theory, and (c) intermediate theory. While the three theories are useful for comparisons, implementation of the theories is by no means standard. The practical effect of the theories has been minimized because in many jurisdictions the harshness of pure title theory has been removed by statue or by case law or in many instances the drafters of mortgages have learned to achieve the advantages of the alternative theories at the time the mortgage documents are prepared and signed. According to Sandy Gadow, an escrow expert, and a member of the American Land Title Association, in a title theory state, the borrower does not actually keep title to the property during the loan term. The seller gives the buyer/borrower a deed to the property but when the borrower signs the mortgage for the loan the borrower gives the title back to the mortgage holder. The lender then holds title to the property, as security only, until all loan payments have been made. During that time the borrower has the right to possession of the property, and the lender delivers the deed back to the borrower only after the loan obligation has been satisfied. (3) In most states the instrument used is known as a trust deed. The lender actually maintains ownership of the property until the debt is paid in full. The process is quite different in a lien title state. The Restatement (third) of Property, section 4. 1 (1997) indicates that in a lien theory state, the buyer holds the deed to the property during the mortgage term. The buyer promises to make all payments to the lender and the mortgage becomes a lien on the property, but title remains with the buyer. The lender’s lien is removed once the payments of all loan payments have been completed. (id 2) The two theories are similar in that they allow the borrower to actually possess the property but differ regarding actual ownership of the property. In a title theory state the borrower actually owns the property with the lender retaining the deed only for security whereas in a lien theory the buyer retains the deed and the lender retains a lien on the property. The third theory, the Intermediate theory can be considered a compromise theory between the title theory and the lien theory. Again, according to Sandy Gadow, an escrow expert, and a member of the American land Title Association, â€Å"the title remains with the borrower, but the lender may take back title to the property if the borrower defaults on the loan. † (Id at 3). An Arkansas Law review article in 1992 examines the effects of conflict of laws, and indicates that in an intermediate jurisdiction the mortgage is a lien until default, as it would in a lien theory state. Upon default, legal title passes by operation of law to the mortgagee and with the title comes the right to possession, rents and profits. (4) In her article, Sandy Gadow argues that â€Å"Foreclosure proceedings in a lien theory state may be more difficult for the lender than a title theory state, due to the fact that the buyer is holding title to the land and not the lender. † ( Id at 3). The theory prevents the lender from entering onto the property and taking possession of the property at will. The lender is forced to take legal steps to regain ownership of the property. The theory actually gives the borrower more time before they are forced to give up the property, and they also can continue to maintain possession of the property and keep any rents collected as a result of their ownership until a legal foreclosure action is completed. Today, mortgagees customarily profit from interest. Possession by the mortgagor is commonplace in title theory states, although some states still hold that possession remains with the ortgagee as an incident of legal title. Another real estate treatise reports that title theory mortgagees can take possession of the mortgaged property upon default and before foreclosure. (6) A borrower to a mortgage should always concern themselves with which theory will give the greatest ownership interest in their property and allow them to retain in terest in the property as long as possible. Any theory that immediately transfers the right to possession, fee simple ownership and any other legal rights from the borrower back to the lender are not in the best interest of the borrower. The literature thus far appears to suggest that a lien theory state would provide the better advantage to a borrower in that the borrower usually retains a right to ownership and possession until foreclosure is accomplished in a court of law. Many states within the United States adopt a lien theory when transferring property. However, like Arkansas, these same states do not exercise a hard and fast rule on the use of a title transfer theory. However, most states can be grouped in one of the three title theory categories. In general throughout the United States, approximately of the fifty states only sixteen states follow a lien theory, with the remaining thirty four (34) states being described a title theory states. More specifically of the six states that share a boundary with the State of Arkansas, which include: Texas, Oklahoma, Missouri, Tennessee, Mississippi and Louisiana, five of the six states are described as practicing a title theory in property transfers, and only one of those states, Louisiana is described as following the lien theory in title transfers. In Arkansas, in the case of Bank of Oak Grove V. Wilmot State Bank, a case considered as an authority on Arkansas Mortgage law, the court refused to adopt a particular theory on the formalities of what the court termed the â€Å"broad and undefined a principle as lien versus title theories of mortgages†. (5) In general Arkansas courts do not appear to have frequently discussed title theory since a search of Westlaw for â€Å"title theory in Arkansas† produces only Bank of Oak Grove v. Wilmot. However, several cases align themselves and follow the decision of the Bank of Oak Grove case and its findings. Such cases cite the bank of Oak Grove case as an endorsement of title theory use in the State of Arkansas. Fully discerning the nature of Arkansas’ theory of title requires a discussion of whether a mortgage is merely a lien (lien theory) or whether it passes owner-type interest and powers to the mortgagee. A survey of Arkansas mortgage case law reveals two tracks of cases supporting different conclusions about whether a mortgage is only security for a debt. As early as 1856, equity held that a mortgage is only security for a debt. (7) By 1866, the Arkansas Supreme Court established that â€Å"now in both law and equity† a mortgage is mere security for a debt, and removed the presumption that a mortgagee takes possess if there is no proof other wise. (8) Eighteen years after Trapnall, the court said that the legal estate in mortgaged property passes to the mortgagee and that possession follows the egal title; the same was said 45 years after Trapnall in a 1911 case, Whittington v. Flint. (9) If it follows that legal title not only delivered possession but also delivered what a 1988 Arkansas Federal court interpreting Arkansas law called the incidents of possession (rents, profits and what appears as beneficial interests), Arkansas would have been a title theory state. The Arkansas Supreme Court has not overturned these cases, and the Arkansas Attorney General was citing the case as late as 1998. 10) After Wilson, the Arkansas Supr eme Court held that â€Å"in equity† a mortgage is only a security interest, and that the mortgagor is entitled to deal with the land as its owner, entitled to rents and profits and alienation as long as he is in possession and he and takers under him do not impair the rights of the mortgagee. (11) The 1959 update of a key Arkansas mortgage title treatise follows that a mortgage is a mere security interest. The mortgagors were treated as owners in a 1980 case that characterized an absolute deed held for security purposes as an equitable mortgage, finding that the father who purchased the real estate was the mortgagee and holding that the divorcing son and daughter-in law must split the property. This inferred that the son and daughter-in-law were mortgagors and in effect owners of joint property. (13) The lack of clarity on some points suggests that mortgagors should not rely on the formalities of title theory in the State of Arkansas. Possession, Redemption and Rents as they relate to title transfer in Arkansas Better understanding Arkansas law requires discussions about possession, redemption and rents. The custom in Arkansas is that the mortgagor takes possession, but case law suggests that possession may be based on the terms of the agreement or interest rather than accruing automatically to the holder of legal title. More recent opinions mitigate towards possession being retained by the mortgagor. Similarly, the Arkansas Attorney General opined that the 1980 Nelson court took a â€Å"common sense approach† holding that the mortgagor retains a possessory interest that makes him â€Å"at least the equitable owner. † (14) This suggests a conclusion that possession can be devised by the contract language, which can grant immediate possession or possession upon default. Not withstanding the language, mortgagees are likely to intend that possession be in the mortgagor, and mortgagees are likely to want to avoid mortgagee in possession status and the duties that derive from it. To preserve its collateral, the mortgagee should include clauses providing for (1) appointment of a receiver; and (2) right to enter and inspect. A power of sale clause may be advisable; however, the Arkansas Code implies a power of sale in every mortgage of real property. (15) Arkansas does not follow title or lien theory or intermediate theory as the latter is described by secondary sources. Like title theory, the mortgagee appears to secure legal title. The more recent cases appear to treat the mortgagor as the owner as would be the case under lien theory. Arkansas appears to practice its own brand of intermediate theory in which the incidents of possession follow actual or constructive possession. Drafting may govern possession and rents in Arkansas law. The literature and case law indicates that the custom in Arkansas is that the mortgagor takes possession, but case law suggests that possession may be based on the terms of the agreement or intent rather than accruing automatically to the holder of legal title. In the case of Whittington (1884) and Wilson (1911 held that legal title passes to the mortgagee and with it possession, unless there is a reservation of the right to occupancy. Id 9) Trapnall held in 1866 that there is no presumption that the mortgagee takes possession. (Id. 8) Most recent opinions mitigate towards possession being retained by the mortgagor. The First Federal case addressed the incidents of possession, saying that in a â€Å"garden variety mortgage,† the borrower has â€Å"retained all of the incidents of possession including the right to rents, profits, and crops,† and he may do with them as he pleases until the mortgagee takes possession, at which point these incidents pass to the mortgagee. Similarly, the Arkansas Attorney General opined that the 1980 Nelson court took a â€Å"common sense approach† holding that the mortgagor retains a possessory interest that makes him â€Å"at least the equitable owner. † (Id 14) Neither opinion states that the mortgagor and mortgagee can not agree otherwise. This suggests a conclusion that possession can be devised by the contract language, which can grant immediate possession or possession upon default. In comparing the cases, it may be helpful to note the references to the language of the agreements, and consider that the language of Arkansas mortgages has varied greatly. Whittington states that â€Å"possession follows the legal title, unless controlled by stipulations in the deed, or by the apparent intention of the parties. † (Id. 9) It is an old case that may have succumbed to the presumption that Trapnall dismissed. American Jurisprudence publishes in its form book what it titles the Arkansas-Mortgage and the Arkansas-mortgage-Traditional form. The traditional form is more in the form of a sale agreement stating that mortgagee â€Å"does grant, bargain, sell, and convey to mortgagee, and to its successors and assigns forever† the mortgaged property to have and to hold the same to mortgagee, and to its successors and assigns forever. † It then provides the conditions under which the â€Å"sale† shall become null and void. (16) Notwithstanding the language, mortgagees are likely to intend that possession be in the mortgagor, and mortgagees are likely to want to avoid mortgagee in possession status and the duties that derive from it. It is evident that despite the rules and statues individuals seeking to obtain a mortgage will need to be mindful of what the law is and if they desire that something different needs to occur on any matter, if the issue is addressed in the contract agreements and agreed to by both parties, the courts will upon the original intent of the parties entering the contract. Treatment of Rents in Mortgage transfer In understanding actual practice regarding ownership interests one must also review and discuss how rent is treated in the State of Arkansas.

Elizabeth Bathory :: essays papers

Elizabeth Bathory In order to improve her complexion and also to maintain her failing grasp on her youth and vitality, she slaughtered six hundred innocent young women from her tiny mountain principality... The noble Bà ¡thory family stemmed from the Hun Gutkeled clan which held power in broad areas of east central Europe (in those places now known as Poland, Hungary, Slovakia, and Romania), and had emerged to assume a role of relative eminence by the first half of the 13th century. Abandoning their tribal roots, they assumed the name of one of their estates (Bà ¡tor meaning 'valiant') as a family name. Their power rose to reach a zenith by the mid 16th century, but declined and faded to die out completely by 1658. Great kings, princes, members of the judiciary, as well as holders of ecclesiastical and civil posts were among the ranks of the Bà ¡thorys. Adopting an exalted name did not alter some basic familial preferences among lesser lights however, and in order to consolidate more tenuous clingings to influence there was considerable intermarriage amongst the Bà ¡thory family, with some of the usual problems of this practice produced as a result. Unfortunately, beyond the 'usual problems' some extraordinary difficulties arose (namely hideous psychoses) and several "evil geniuses" appeared, the notorious and sadistic Erzsà ©bet the most prominent of them. Truly, she was evil enough to be recognized as one of the original "vampires" who later inspired Bram Stoker to write the legend of Dracula -- but unlike Stoker's story, she was real. Unusual for one of her social status, she was a fit and active child. Raised as Magyar royalty, as a young maid she was quite beautiful; delicate in her features, slender of build, tall for the time, but her personality did not attain the same measure of fortuitous development. In her own opinion her most outstanding feature was her often commented upon gloriously creamy complexion. Although others were not really so equally impressed with the quality of her rather ordinary skin, they offered copious praise if they knew what was good for them, as Erzsà ©bet did not accept unenthusiastic half-measures of adulation; and she was vindictive. She was only 15 when she was 'married off' for political gain and position to a rough soldier of (nevertheless) aristocratic stock and manner. By reason of the marriage, she became the lady of the Castle of Csejthe, his home, situated deep in the Carpathian mountains of what is now central Romania, but which then was known only as Transylvania.