Is an oral agreement binding the release of a mortgage?
Ontario, Canada
The following excerpt is from Sandrin v. 126001 Ontario Inc., 2005 CanLII 18880 (ON SC):
In Stanley v. Robinson (2001), 822 So. (2d) 406, 2001 Ala. LEXIS 428 (Ala. S.C.) the court considered an alleged oral agreement releasing the plaintiff from his mortgage obligation to the defendant. The trial court granted summary judgment for the defendant because the plaintiff “failed to offer any evidence – other than his word – of such an oral agreement.” No such evidence was presented on appeal, and the court upheld the trial judge’s refusal to enforce the oral release.
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