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Defences to enforcement of real property mortgages

Most mortgagors repay their indebtedness to their mortgagees.  Sometimes however, a mortgagor is unable or unwilling to fulfill its obligations and the mortgagee must consider enforcing or realizing its mortgage security.  In the vast majority of such cases, the mortgagor has no legitimate excuse [...]

Posted July 2, 2013 by Ned Brown | Mortgages, | Leave a comment


Problems with Credit Card Account Interest Obligations

Where a credit card creditor obligates its account holder to pay interest at a rate which is higher after default than the rate applicable prior to default, and, the credit card debt is real estate secured (typically by way of an “all obligations” mortgage on the cardholder’s home), it may be [...]

Posted June 12, 2012 by Ned Brown | Access to Information, Banking Law, Commercial Transactions, Corporate & Commercial, Data Protection, Mortgages, Personal Information, Privacy, Security, | Leave a comment



An "All Obligations" mortgage is one which, by its terms, secures all of the mortgagor's present and future obligations of all types, from time to time owed to the mortgagee, limited at any one time to the maximum principal or face amount stated in the mortgage.  This type of mortgage has become in[...]

Posted March 27, 2012 by Ned Brown | Commercial Transactions, Condominiums, Legislation, Personal Property, Real Estate, | Leave a comment


Expansions of the Concept of Latent Defects in Residential Real Estate Transactions

A purchaser of residential real estate closes the transaction, moves in and then subsequently discovers that there is a convicted pedophile living across the street.  The new purchaser has a young family living with him.  Is the existence of the neighbouring pedophile a "latent defect" under real [...]

Posted December 8, 2011 by Ned Brown | Access to Information, Condominiums, Due Diligence, Legislation, Real Estate, | Leave a comment



When taking security from a general (as opposed to a limited) partnership, the creditor must list as debtors in its financing statement both the partnership name plus the names of each of the partners of the partnership. This can cause difficulties when the partnership in question comprises many par[...]

Posted November 4, 2011 by Ned Brown | Commercial Transactions, Corporate & Commercial, Debtors and Creditors, Personal Property, Security, | Leave a comment


Implied covenants arising out of the transfer of land

Section 77 of the Manitoba Real Property Act (the "MRPA") provides, in effect, that where title to land which is subject to a mortgage or an encumbrance is transferred, the transferee is deemed to covenant to the holder of the mortgage or encumbrance that the transferee will pay and perform all obli[...]

Posted September 27, 2011 by Ned Brown | Commercial Transactions, Condominiums, Corporate & Commercial, Debtors and Creditors, Real Estate, | Leave a comment


Just when you thought you had an interest in land…

Where an owner of lands and premises undertakes to provide you with some rights pertaining to his/her/its realty, you would, in most cases, wish to be able to enforce those rights against property owners who acquire title subsequent to the current owner's title holding.  In other words, you wish to[...]

Posted May 9, 2011 by Ned Brown | Commercial Transactions, Corporate Information, Debtors and Creditors, Personal Property, Real Estate, Vacant Property, | Leave a comment


When a lender gets too close to its borrower’s third party contractors

Where a lender is making credit available to a borrower operating/carrying on a business or using the lender's money to build something, the lender has an obvious concern and interest in how the borrower carries on its business and how it goes about building/developing a project.  This often result[...]

Posted May 4, 2011 by Ned Brown | Bankruptcy and Insolvency, Commercial Transactions, Corporate & Commercial, Real Estate, | Leave a comment


Mortgage/Security interests in “Fixtures”

It is generally understood that where a lender takes a security interest in present and after-acquired goods which are - or which may in the future become - affixed to real estate, and the goods are not what are defined as "building materials" in Section 1 of the Personal Property Security Act ("PPS[...]

Posted April 25, 2011 by Ned Brown | Commercial Transactions, Corporate & Commercial, Personal Property, Security, | Leave a comment


Leasing of Goods and Security Interest in Leased Goods

You are a financial institution financing the operations of a business which owns and leases goods to third parties.  Naturally, you take a security interest in your borrower’s inventory of goods, those waiting to be leased and those which are or become leased.  What happens to your security int[...]

Posted March 22, 2011 by Ned Brown | Personal Property Registry, | Leave a comment