Is a mortgagee entitled to the same absolute and irredeemable title as a stranger purchasing at a tax sale?
Saskatchewan, Canada
The following excerpt is from Farrow v. Massey-Harris Co. Ltd., 1927 CanLII 169 (SK CA):
Where a first mortgagee exercises his power of sale and a second mortgagee becomes the purchaser at the sale he obtains, in the absence of special circumstances, the same absolute and irredeemable title as a stranger purchasing obtains. Shaw v. Bunny, 2 DeG. J. & S. 468, 34 L.J. Ch. 257. I can see no reason why a mortgagee purchasing at a tax sale should not be in the same position as that of a second mortgagee purchasing at a sale held by the first mortgagee, for taxes in arrears constitute by statute a first charge upon the land prior to all other encumbrances.
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