Also known as:extinguish · extinguishes · extinguished · extinguishing · extinguishments · extinction of rights
Written by attorneys · grounded in primary & secondary sources — see below
A termination or cancellation of a legal right or interest. The event occurs when an underlying obligation is discharged, a transfer of rights is completed, or a procedural bar takes effect, leaving no enforceable claim or encumbrance.
Sources & Authorities
How it applies
Common Examples
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Mortgage Debt Paid Off
Enzo Eastwood borrowed funds from Elite Dynamics and granted a mortgage on his warehouse. After Enzo repaid the full loan balance, Elite Dynamics recorded a satisfaction of mortgage. The mortgage lien ended because the underlying debt no longer existed.
Contract Right Assigned Away
Ewan Eckhart held a right to receive payments from Emerald Enterprises under a supply agreement. Ewan executed an assignment transferring that right to Echelon Security. Ewan's claim against Emerald Enterprises ended, and Echelon Security alone could now demand performance.
Deed Delivered at Closing
Elena Estrada contracted to sell land to Eric Espinoza. At closing Elena delivered the deed and Eric paid the price. The purchase contract ended, so Eric could no longer sue Elena for title-related breaches that had been promised in the contract.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Separate Offenses Charged
Edward Everett set fire to a building and also stole equipment inside during the same incident. Prosecutors charged both arson and larceny. Neither charge ended because each offense remained legally distinct under the common-law rule.
Deed in Lieu Accepted
Eugene Ellsworth defaulted on a loan secured by his farm. He voluntarily conveyed the farm to the lender in exchange for full cancellation of the debt. The mortgage ended upon delivery of the deed, and the lender took title without foreclosure proceedings.
Contract Ratified After Duress
Elysium Media signed a distribution agreement while under economic pressure from its counterparty. After the pressure ended, Elysium Media confirmed the deal in writing and began performance. The power to avoid the agreement ended once Elysium Media ratified it.
Common questions
Frequently Asked
6
Does payment of the underlying debt always end a mortgage?+
Yes. When the obligation secured by a mortgage is fully satisfied, the mortgage lien is discharged and the mortgagee must release the lien of record.
Supporting sources
What happens to the assignor's rights after a valid assignment?+
The assignor's right to performance from the obligor ends in whole or in part, and the assignee steps into that position.
Supporting sources
Does delivery of a deed at closing always end the underlying sales contract?+
Yes under the merger doctrine. Once the deed is delivered, the contract merges into the deed and the seller is no longer liable on title-related promises contained in the contract.
Supporting sources
Can multiple offenses arising from one transaction be treated as a single crime at common law?+
No. Each offense remains legally distinct. None is absorbed or ended by the existence of the others.
Supporting sources
Does a deed in lieu of foreclosure end the mortgage?+
Yes. The voluntary conveyance in satisfaction of the debt discharges the mortgage and avoids foreclosure.
Supporting sources
When does ratification end the power to avoid a voidable contract?+
Ratification by the party possessing the avoidance power ends that power and makes the contract fully enforceable.
Supporting sources
541 U.S. 36 (2004)Evidence
…no claim to be a surrogate means of assessing reliability. For example, the rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds; it does not purport to be an alternative means of determining reliability. See Reynolds v. United States , 98 U. S. 145, 158-159…