Is a mortgage that was registered as a charge valid?
British Columbia, Canada
The following excerpt is from R.A.D. v. Campbell, 2015 BCCA 494 (CanLII):
Rather, the mortgage, having been registered, is presumed to be a valid charge, though the presumption is rebuttable, as discussed in Gill v. Bucholtz, 2009 BCCA 137. The relevant statutory provision is s. 26 of the Act: Registration of a charge 26. (1) A registered owner of a charge is deemed to be entitled to the estate, interest or claim created or evidenced by the instrument in respect of which the charge is registered, subject to the exceptions, registered charges and endorsements that appear on or are deemed to be incorporated in the register. (2) Registration of a charge does not constitute a determination by the registrar that the instrument in respect of which the charge is registered creates or evidences an estate or interest in the land or that the charge is enforceable.
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