What is the difference between a mortgagee and mortgagee when the mortgagee buys in at the mortgage sale and later sells the property to a third party?

New Brunswick, Canada


The following excerpt is from The Toronto-Dominion Bank v. Sobey, 2016 NBQB 149 (CanLII):

However, the facts in MCAP Service Corp v. Stewart were fundamentally different than the case here. In MCAP the mortgagee also bought in at the mortgage sale and later sold the property to a third party. However, the property was sold for less than what the mortgagee paid for it at the auction and argued that the deficiency should be calculated on that lesser amount. For the above reasons, relying on the above referenced ratio decendi in Bayview, I did not grant that relief or, obviously, allow any of the post-auction expenses claimed.

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