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| (3) | Repealed | |
| (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 | Repealed | |
| 28 | Repealed | |
| 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 | Consumer Protection Office | |
| 36 | (1) | Offence |
| (2) | Liability of directors and officers | |
| (3) | Penalty | |
| 37 | Limitation period | |
| 38 | Regulations | |
