C.C.S.M. c. M200
The Mortgage Act
1 | Application of Part I |
2 | Application of Parts II and III |
PART I | |
3 | Definitions |
4 | Mortgagee's inspection fees |
5(1) | Mortgagee's collection costs |
(2) | Right to certain costs preserved |
(3) | Limitation in collection costs |
(4) | Leased land |
6(1) | When mortgagor may require mortgagee to assign mortgage to third party |
(2) | Encumbrancer to have same right |
(3) | When not to apply |
(4) | Conditions to be complied with by party demanding assignment |
(5) | Contrary stipulation null |
7(1) | Inspection of documents by mortgagor |
(2) | Contrary stipulation |
8(1) | Application of insurance money by mortgagor |
(2) | Mortgagee may insist on money being paid to him |
(3) | Law of Property Act applies |
9(1) | Rights of insurer under subrogation |
(2) | Rights of insurer under assigned mortgage |
10 | Equity of redemption may be acquired without merger |
11 | Rights of mortgagee or assignee acquiring the equity of redemption |
12 | Foreclosure may be continued by assignee |
13(1) | Advances for seed grain by mortgagees |
(2) | Addition to mortgage moneys |
(3) | |
(4) | Advances of seed grain by vendors |
(5) | Security on crops |
(6) | Consent of prior mortgagees |
(7) | The Homesteads Act not to apply |
(8) | Application of money advanced |
(9) | Taking possession of crops or grain |
(10) | Penalty for misapplying seed grain |
(11) | Definitions |
14 | Remedying of default by mortgagor |
15 | Right to pay off mortgage |
16 | Effect of mortgagee, etc., becoming owner |
PART II | |
17 | Mortgages, how affected by conveyances subsequently registered |
18 | Purchaser of mortgage may plead purchase for value without notice |
19 | Proof of payment of purchase money unnecessary |
20(1) | Six months' notice or interest unnecessary after default |
(2) | Payment of mortgage moneys within three months after default |
(3) | Payment of mortgage moneys after three months after default |
(4) | Where payment is not made as set out in notice |
(5) | Mortgagee's right of action, etc., not affected |
(6) | Payment of mortgage moneys under mortgage which has run five years |
(7) | Subsec. (6) not applicable to mortgage company or to debentures |
(8) | Payment where a higher and a lower rate |
(9) | Application of Act |
21 | Proceedings in certain mortgages declared valid |
22 | Actions by mortgagors for possession of land |
23(1) | Costs of exercising power of sale taxed in Queen's Bench |
(2) | Fee payable |
(3) | Tariff to be applied |
(4) | Appeal |
(5) | Costs of taxation |
24(1) | Taxation of mortgagee's costs |
(2) | Real Property Act tariff and appeals |
(3) | No double taxation |
25(1) | Request for statement |
(2) | Mortgagee to furnish statement of account |
(3) | Statement may be required once a year |
(4) | Account for payoff or sale |
(5) | Costs of obtaining statement elsewhere |
(6) | Notice in mortgage |
(7) | Voluntary furnishing of statement |
(8) | Application of section |
(9) | Statement where mortgagor gives acknowledgment |
26 and 27 | |
28 | |
PART III | |
REVERSE MORTGAGE LOANS | |
29 | Definitions |
30 | Application of this Part |
31(1) | Lender's limited recourse |
(2) | Borrower's limited liability |
32(1) | Application and other fees |
(2) | Refund to borrower |
(3) | Exception for independent legal and appraisal fees |
33(1) | "Cooling-off period" defined |
(2) | Disclosure required |
(3) | Mortgage signed before end of cooling-off period |
(4) | Statutory terms |
(5) | Set-off and refund |
(6) | Order for discharge and costs |
34(1) | Application to court |
(2) | Onus re disclosure |
(3) | Limitation period |
35 | Consumers' Bureau |
36(1) | Offence |
(2) | Liability of directors and officers |
(3) | Penalty |
37 | Limitation period |
38 | Regulations |