In what circumstances will equitable mortgages be recognized in the absence of a written agreement?
Ontario, Canada
The following excerpt is from Cheung v. Li, 2006 CanLII 9595 (ON SC):
In one line of older English cases, however, equitable mortgages were recognized in the absence of a written agreement, if the mortgagor deposited title deeds with the mortgagee: Russel v. Russel (1783), 28 E.R. 1121.
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