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Mortgages & foreclosures

Mortgages in British Columbia: unregisterable equitable mortgages do count

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Michael Dew is a Vancouver lawyer who practices civil litigation. Click here for contact information and further details about Michael’s practice.
A mortgage is a form of security given by a person who owns land but wants to borrow money, or already owes a debt or some other obligation. As security for repayment of the debt, the mortgagor (the borrower, or debtor) gives the mortgagee (the lender, or creditor) the right to recover against the land if the mortgagor defaults in repaying the debt.
This article outlines the law of statutory and equitable mortgages in the context of the land title registration system in British Columbia, and considers the nature of unregisterable equitable mortgages.
The Torrens system

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