Can a mortgagee obtain a judgment on the covenant to pay against the mortgagor and her spouse?
Ontario, Canada
The following excerpt is from Legault v. Bertram, 2011 ONSC 879 (CanLII):
In Benson v. Gibson, [2000] O.J. No. 4063 (S.C.J.), a mortgagee obtained a judgment on the covenant to pay against the mortgagor and against her spouse who had guaranteed the mortgage. Next, after the mortgagee began power of sale proceedings, the mortgagor and the guarantor sought to redeem the mortgage, and they requested a mortgage statement setting out the amount required for redemption. The mortgagee provided the statement, and the amount required for redemption was greater than the amount of the judgment because the statement included postjudgment interest plus the costs incidental to the exercise of the power of sale.
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