In what circumstances will a mortgagee bring an action against the executor of the mortgagor?
Saskatchewan, Canada
The following excerpt is from Gulgun v. Guaranty Trust Company of Canada, 1970 CanLII 661 (SK QB):
In Robinson v. Pakiela [1956] OWN 244, a mortgagee brought an action against the executor of the mortgagor to foreclose the mortgage. The defendant executor had no funds with which to redeem and in these circumstances a cestui que trust was added as a defendant to enable her to redeem the property.
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