mortgagee’s power of sale
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There is a general rule that an injunction to restrain the exercise by a mortgagee of powers given by a mortgage will not be granted until the amount of the mortgage debt, if it is not in dispute, or the amount claimed by the mortgagee, if the amount is disputed be paid into court: see Inglis…
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Where an owner of land is struggling to pay loans secured over the land it is not uncommon for the owner to enter into a lease with a related party in an attempt to avoid losing control of the land should the mortgagee enter possession and attempt to sell the land. The questions which arise…
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The latest edition of The Mortgagee’s Power of Sale has been published by LexisNexis. Now in its fourth edition this book started life in 1980. The book is primarily written for practitioners and the text is arranged, as far as possible, in the same chronological order as the steps a mortgagee may take in selling mortgaged property under the…
