Does a mortgage with attornation clause in the mortgage law apply to a mortgage where the mortgage is not attornment clause?

Ontario, Canada


The following excerpt is from Hobbs v. Ontario Loan and Debenture Co., 1889 CanLII 10 (ON CA):

Kearsley v. Philips, 11 Q.B.D. 621, mortgage with attornment clause, recognizes the general rule. Daubuz v. Lavington, 13 Q.B.D. 347, may also be noticed.

Other Questions


What is the test for a mortgage lender's ability to assess the value of a mortgage security under mortgage law? (Ontario, Canada)
What is the test for a revocation of a mortgage where a licensee has knowingly participated in mortgage fraud? (Ontario, Canada)
What is required to complete a mortgage advance under TD Waterhouse's Arm's Length Mortgage Agreement? (Ontario, Canada)
What is the effect of consolidating two mortgages into a single large mortgage registered on March 4, 2013? (Ontario, Canada)
How have the receipt clause in a mortgage application been interpreted? (Ontario, Canada)
Does a release clause in a release agreement apply to a beneficiary of a RRSP and life insurance policy? (Ontario, Canada)
If a mortgage is renewed, does the original mortgage set out the principal amount and the interest rate calculated half-yearly not in advance? (Ontario, Canada)
What is the effect of the Renewal or Extension of Time or "no prejudice" clause in a mortgage? (Ontario, Canada)
In what circumstances will a mortgage company be found to have made a mistake in upholding the mortgage? (Ontario, Canada)
What is a 25% discount when a mortgage is advanced to pay off a couple's mortgage? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.