Does a mortgagee who has obtained a final order of foreclosure have a right to sue on the covenant in their mortgage?
Saskatchewan, Canada
The following excerpt is from Farrow v. Massey-Harris Co. Ltd., 1927 CanLII 169 (SK CA):
It should be unnecessary to say that if the defendant hereafter elects to sue on the covenant in its mortgage or take any other action from which an election to treat the mortgage as still redeemable may be presumed it will then be in the same position as a mortgagee suing on the covenant after having obtained a final order of foreclosure. Miller v. McCuaig, supra.
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