Title 44, Chapter 14, Section 60
( 44-14-60)
Whenever any person in this state conveys any real property by deed
to secure any debt to any person loaning or advancing the grantor
any money or to secure any other debt and takes a bond for title
back to the grantor upon the payment of the debt or debts or in like
manner conveys any personal property by bill of sale and takes an
obligation binding the person to whom the property is conveyed to
reconvey the property upon the payment of the debt or debts, the
conveyance of real or personal property shall pass the title of the
property to the grantee until the debt or debts which the conveyance
was made to secure shall be fully paid. Such conveyance shall be
held by the courts to be an absolute conveyance, with the right
reserved by the grantor to have the property reconveyed to him upon
the payment of the debt or debts intended to be secured agreeably to
the terms of the contract, and shall not be held to be a mortgage.
No bond for title or to reconvey shall be necessary where the deed
shows upon its face that it is given to secure a debt. |