4013LAW Lecture Notes - Lecture 10: Fide, Public Auction, Hoyland
24 Jul 2018
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Mortgages: mortgagor, the person borrowing the money, granting the mortgage over their property, mortgagee, the person who lends the money and has the mortgage. The mortgagee does not become owner of the land but establishes a legal charge of the land. Equitable mortgages: the difference between a legal and equitable mortgage: Priority, if your registered you win regardless of where you were in time: exist in the following circumstances: A mortgage is in registered form but has not been registered; A mortgage is not in registered form but is (at least) in writing; or. There is no writing but the title deeds have been given to the mortgagee in exchange for the mortgage (rpa s 149 and ryan v. The parties must intend that a mortgage be created. Authority for common law principle that the mortgagor has and equity of redemption: re forrest trust.
