(1) The assets are mortgaged in such a way that the mortgagor can deal with them without the concurrence of the mortgagee.

(2) So this was not a sale by a mortgagee at all; it was a sale expressly by agreement of the mortgagee, a sale by the mortgagor and the money going into a joint accountu251cu00f6u251cu00e7u252cu00ac

(3) An attornment clause in a mortgage whereby the mortgagor attorns tenant at will to the mortgagee is not a true contract and so is not u251cu00f6u251cu00e7u251cu2510an agreementu251cu00f6u251cu00e7u251cu00fb for present purposes.

(4) With respect to other creditors of the purported mortgagor , the analysis would be that, as regards them, no mortgage had been given.

(5) In that case there was a renewal agreement entered into between the mortgagor and the mortgagee to amend the terms of the mortgage at a time when it was known to the mortgagee that there were outstanding realty taxes.

(6) However an assignment by way of mortgage - where there is an outright transfer to the assignee mortgagee with the assignor mortgagor having the right to have the debts reassigned to him on redemption - is within the section.

(7) Indeed that's right, or putting it differently, not sacrificing the interests of the mortgagor , or the borrower, that's right, yes indeed.

(8) Because section 106, on a first reading, suggests to me that a mortgagor not in default is entitled simply to lease land and that the mortgagee cannot preventu251cu00f6u251cu00e7u252cu00ac

(9) The mortgagor alleges that the solicitors were not a disinterested party and colluded with its client in order to coerce the mortgagee to give a release and give up its right to pursue its claims.

(10) In this regard it is noted that Mr. Beattie obtained the property on default of the mortgagor , Moore.

(11) If a mortgagee had the obligation or the right to pay or collect arrears of common expenses in relation to a unit not mortgaged to it by the mortgagor , then the mortgagee would not have the right to obtain such statement in respect of such unit.

(12) The valuer is liable in tort if he receives instructions from and is paid by the mortgagor but knows that the valuation is for the purpose of a mortgage and will be relied on by the mortgageeu251cu00f6u251cu00e7u252cu00ac

(13) Those duties were imposed to ensure that a mortgagee is diligent in discharging his mortgage and returning the property to the mortgagor .

(14) Although the terms of the mortgage provided that the mortgagor should not grant any lease of the property without the bank's consent, the mortgagor did in fact grant such a lease some two months after the creation of the mortgage.

(15) It does not affect the right of the mortgagor to redeem so long as the mortgagor is given notice of the assignment.

(16) The judgment of the Court of Appeal contains statements concerning the rights of a mortgagor to obtain an injunction against a mortgagee that have given us some concern.

(17) Where there are joint mortgagors , a mortgagee is not required to keep separate accounts in order to keep track of which mortgagor is making what payment at what time.

(18) Given the timing of the assignment of the mortgage and the default on that mortgage by the mortgagors , I agree that the mortgagee has not established entitlement to the $200.00 fee for May.

(19) Therefore, in comparing the offers made by the Receiver to the recovery at trial, I have assumed that interest will be credited to the mortgagors because of the $50,000 payment.

(20) The 1977 mortgage, which is the first document in the bundle, has that usual clause in it, that the mortgagors will pay any amount which they subsequently guarantee, which the Bank might lend to a third party.