Posted by William Bronchick on March 03, 2005 at 17:17:28:
“Incorporated by reference” means the terms of the referred document
becomes part of the document that does the “incorporating”. So, if I
want a purchase option to expire upon the expiration of a certain
lease, I would say, “the option period expires upon the expiration of a
certain lease dated ____, a copy of which is attached hereto and
incorporated by reference”.
Incorporated by Reference? - Posted by chris
Posted by chris on March 02, 2005 at 08:58:00:
When you see the language “incorporated by reference” in a legal document, namely a mortgage, note, or other loan document, what does that really mean? For example, a mortgage modification may contain a phrase, “A true and correct copy of the Mortgage, is in existence, recorded as indicated above, and incorporated by this reference. Reference is made to the Note and the Mortgage, including this Second Mortgage Modification, respectively, and the other Loan Documents.” I’m not asking for an interpretation of this example, but I’m asking why this phrase is used by attorneys? Is it just “saving” words? Does this make the definitions within the documents which are “incorporated by reference” valid in interpreting the new document? Please comment.
Re: Incorporated by Reference? - Posted by John Merchant
Posted by John Merchant on March 04, 2005 at 18:48:17:
It is “saving words” as whatever is IBR is thereby included in the new document, in full, and whatever was in the original is now in the new doc.