Does a mortgage contain a power of sale?

Saskatchewan, Canada


The following excerpt is from McLean v. Badger, 1925 CanLII 99 (SK QB):

The mortgage in question herein does contain a power of sale, and so at common law the plaintiff is entitled to an order of sale. Lister v. Turner, (1845) 5 Hare 281, 293, 15 L.J. Ch. 336.

Other Questions


Does a purchaser of a mortgaged property have to indemnify the vendor against his personal liability to the vendor under a covenant to pay contained in the mortgage? (Saskatchewan, Canada)
Is there a power of sale or trust for sale? (Saskatchewan, Canada)
Is a mortgagee who has made a loan on mortgage, but has not executed the mortgage deed, bound to give effect to a proviso that reduces the interest rate of interest on punctual payment? (Saskatchewan, Canada)
How have the courts construated an agreement for sale in the context of a motion for sale? (Saskatchewan, Canada)
Can a purchaser under an agreement of sale continue to make payments to the vendor after having notice of a subsequent mortgage? (Saskatchewan, Canada)
What action does a mortgagee in purchasing the mortgaged property at a tax sale place him in the position of holding the title, which he subsequently procures, subject to the right of the mortgagor to redeem? (Saskatchewan, Canada)
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt? (Saskatchewan, Canada)
Can a mortgagee sue the mortgagor on the basis that the mortgaged property is not in a condition in which it was when the mortgage was signed? (Saskatchewan, Canada)
Can a clause in a contract for sale contain a right of first refusal? (Saskatchewan, Canada)
What is the test for a mortgage where after acquired lands are fully and specifically described as a subject of the mortgage? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.