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Specific Mortgage Enforcement Issues
Author(s): Grossman, Barbara
Date: March 1 2004

This paper will address the following five mortgage enforcement topics and issues:

1. Do you have a mortgage?
                (a) equitable mortgages
                (b) General Security Agreements covering real property
                (c) sale and option transactions which in substance are a disguised mortgage
2. Using the remedy of rectification to fix an error in the mortgage document
3. The ordering and timing of remedies:
                (a) possession, power of sale and deficiency claims - the defence of improvident realization and failure to mitigate
                (b) limitation period considerations
4. Injunctive relief to restrain a power of sale
5. Receivers and managers:
                (a) private and court appointed traditional receiver and manager
                (b) interim receivers appointed under section 47 of the Bankruptcy and Insolvency Act

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