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Перевод: mortgagee

[существительное]
кредитор по закладной; залогодержатель

Тезаурус:

1. And note 62/6/2 emphasises that "the right of a mortgagee to his costs of a redemption or foreclosure suit is a matter of contract and not in the discretion of the court, except where he has "unreasonably instituted or carried on or resisted any proceedings.""
2. Held , allowing the appeal and the cross-appeal, that under the terms of the mortgage and other deeds the defendants were entitled to recover their actual costs, charges and expenses except for any costs that had not been reasonably incurred or were unreasonable in amount; that both litigation and non-litigation costs could be referred to a taxing for quantification; that the defendants were contractually entitled to payment on an indemnity basis as defined by R.S.C., Ord. 62, r. 12(2); that the court's discretion as to the basis of taxation of a mortgagee's costs, charges and expenses should normally be exercised so as to correspond with the contractual entitlement; and that, accordingly, the master had power to order that the contractual costs, charges and expenses and the costs incurred in the litigation be taxed on an indemnity basis including those costs ordered to be taxed on a standard basis (post, pp. 735E-;F, 736B-;C, 737E-;F, 739A-;C, 741H - 742D, E-;H).
3. "(1) The register may be rectified pursuant to an order of the court or by the registrar, subject to an appeal to the court, in any of the following cases, but subject to the provisions of this section: - ( a ) Subject to any express provisions of this Act to the contrary, where a court of competent jurisdiction has decided that any person is entitled to any estate right or interest in or to any registered land or charge, and as a consequence of such decision such court is of opinion that a rectification of the register is required, and makes an order to that effect; ( b ) Subject to any express provision of this Act to the contrary, where the court, on the application in the prescribed manner of any person who is aggrieved by any entry made in, or by the omission of any entry from, the register, or by any default being made, or unnecessary delay taking place, in the making of any entry in the register, makes an order for the rectification of the register; ( c ) In any case and at any time with the consent of all persons interested; ( d ) Where the court or the registrar is satisfied that any entry in the register has been obtained by fraud; ( e ) Where two or more persons are, by mistake, registered as proprietors of the same registered estate or of the same charge; ( f ) Where a mortgagee has been registered as proprietor of the land instead of as proprietor of a charge and a right of redemption is subsisting; ( g ) Where a legal estate has been registered in the name of a person who if the land had not been registered would not have been the estate owner; and ( h ) In any other case where, by reason of any error or omission in the register, or by reason of any entry made under a mistake, it may be deemed just to rectify the register.
4. By a respondent's notice dated 1 July 1991 the first defendant cross-appealed, seeking an order that on the taking of accounts and inquiry ordered to be taken by Chief Master Munrow on 14 March 1988, the plaintiffs were not entitled to raise an objection to the defendants' accounts on the ground that the items were unreasonable in amount unless the court had deprived the first defendant as mortgagee of relevant costs.
5. With time, however, "the judges put away their learning and went along with the expressed needs of commerce the conditional vendor's right to be a chattel mortgagee, when it suited him, was almost everywhere acknowledged".
6. As an alternative to foreclosure, the court may direct a sale of the property, and this may be fairer to both parties, since any surplus upon such sale will belong to the mortgagor, while the mortgagee may still sue for any deficiency.
7. If the prior mortgage was made expressly to secure a current account or other further advances, and further advances are made by the prior mortgagee, he can hold the land as security for both the original loan and the further advances, unless he had notice of a subsequent mortgage - registration (except in certain special cases) is not equivalent to notice.
8. To appoint a receiver is more convenient for the mortgagee than taking possession.
9. Rule 6(2) provides that in respect of a mortgagee's litigation costs, the mortgagee is entitled to take his costs out of the mortgaged property "and the court may order otherwise only on the ground that he has acted unreasonably."
10. Without any application to the court, the mortgagee, if his mortgage is a conveyance of the legal estate or ownership, may take possession; but this course is hazardous, since he may be called upon in a redemption action to account strictly not only for profits actually received by him, but also for those which he might but for his default have received, and all such profits, so far as they exceed the interest due for the time being, must be set off against the principal.
11. Whether a mortgage is legal or equitable, the mortgagee can enforce his security by applying to the court for an order for foreclosure.
12. A second legal mortgage can be created by leasing the land to the second mortgagee for a term longer by at least one day than the term limited to the first mortgagee.