Can a mortgagor redeem after a final order?

Saskatchewan, Canada


The following excerpt is from Moose Jaw Credit Union Limited v. Kjarsgaard, 1982 CanLII 2711 (SK QB):

At the root of this is the concept of "once a mortgage always a mortgage", whereby the parties' rights continue even after the mortgage has been foreclosed. A mortgagor may redeem after final order under exceptional circumstances because the mortgage is considered unsatisfied so long as the mortgagee retains the land. As well, following final order the mortgagee may yet enforce the mortgagor's covenant to pay, but this will have the effect of opening the foreclosure and revesting in the mortgagor the redemption privilege. However, if the mortgagee in any way as owner alters his relation to the land, he elects to take it and foregoes the debt, but not until then (see Anglin, J., at page 895 in Davidson v. Sharpe, 1920 CanLII 83 (SCC), [1920] 1 W.W.R. 888).

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