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25 Oct

Mortgage lender did not breach duty of honest contractual performance

Monday, October 25, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act

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A mortgage lender enforcing its rights under a mortgage may owe the borrower a duty to do so honestly and in good faith. However, this does not mean that...

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4 May

Power of sale set aside due to mortgagee's refusal to provide discharge statement

Tuesday, May 4, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act, GTA Real Estate

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A mortgagor has a right to request a discharge statement from a mortgagee at any time prior to the mortgaged property being sold by... 

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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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