Does the mere possession of a mortgage deed by a solicitor or conveyancer prove authority to receive mortgage money?
Ontario, Canada
The following excerpt is from Bay-Queen Investment Corp. Ltd. v. Boyko, 1958 CanLII 378 (ON SC):
4. The mere possession of the mortgage deed by a solicitor or conveyancer does not prove authority to receive the mortgage moneys: Wilkinson v. Candlish (1850), 5 Exch. 91, 155 E.R. 39.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a mortgage with attornation clause in the mortgage law apply to a mortgage where the mortgage is not attornment clause? (Ontario, Canada)
What is the test for a mortgage lender's ability to assess the value of a mortgage security under mortgage law? (Ontario, Canada)
What is the test for a writ of possession against a defaulted mortgaged property? (Ontario, Canada)
Does solicitor privilege apply to communications between solicitor and client? (Ontario, Canada)
Does the Chief Justice of the Court of Appeal have any authority or authority to oppose a contract? (Ontario, Canada)
If a mortgage is renewed, does the original mortgage set out the principal amount and the interest rate calculated half-yearly not in advance? (Ontario, Canada)
What is required to complete a mortgage advance under TD Waterhouse's Arm's Length Mortgage Agreement? (Ontario, Canada)
In what circumstances will a surety be held liable for money received by a bank clerk eleven miles away from the bank? (Ontario, Canada)
In what circumstances will a creditor who appointed a receiver to dispose of assets be allowed to change the receiver’s work? (Ontario, Canada)
Does the Chancellor of the Exchequer have any authority or authority to hold defendants liable for damages caused by a water main failure? (Ontario, Canada)
