Can a mortgagee obtain an order for sale without first obtaining a foreclosure?
British Columbia, Canada
The following excerpt is from Devany v. Brackpool, 1981 CanLII 679 (BC SC):
Despite the requirement laid down by our Court of Appeal in Pope v. Roberts (above) that a foreclosing mortgagee who seeks an order for sale after decree nisi must await expiry of the period for redemption it may, perhaps, be possible for a mortgagee to obtain an order for sale without first obtaining an order nisi of foreclosure. I will assume that he can.
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