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24 Sep

Court refuses to enforce mortgage prepayment penalty

Friday, September 24, 2021James R.G. CookLitigationReal Estate, Mortgage Fees

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Many Canadian mortgages have a prepayment term that imposes a penalty if the mortgage advance is repaid by the borrower before the maturity date. The general purpose of...

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24 Dec

Court Denies Mortgagee’s Claim for Unproven Fees and Charges under Overdue Mortgage

Thursday, December 24, 2020James R.G. CookLitigation, Real EstateMortgage Fees, Interest Act, Ontario Mortgages Act

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Mortgagees suing to recover amounts owing under a mortgage in default should not expect a court to rubber stamp the amounts claimed for fees...

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