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MORTGAGES - Mortgagee’s remedies - Power of sale - Right to portion of sale proceeds

Friday, June 08, 2018 @ 8:10 AM  

Motion by the appellant, Hails, for an order appointing a McKenzie friend and directing the payment of a surplus from a sale of a mortgaged property after Hails defaulted on the mortgage. Hails had entered into a mortgage agreement with a bank. The mortgage was registered and the terms provided the bank with remedies on default of payment, including entry upon and sale of the land. Hails defaulted on the payments on January 1, 2017 and continued in default until the mortgage matured on November 1,...