MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

CHAPTER IV

OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

  1. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage deed” defined. Simple mortgage. Mortgage by conditional sale. Usufructuary mortgage. English mortgage. Mortgage by deposit of title-deeds. Anomalous mortgage.
  2. Mortgage when to be by assurance.
    59A. References to mortgagors and mortgagees to include persons deriving title from them.

Rights and Liabilities of Mortgagor

  1. Right of mortgagor to redeem. Redemption of portion of mortgaged property.
    60A.Obligation to transfer to third party instead of re -transference to mortgagor.
    60B. Right to inspection and production of documents.
  2. Right to redeem separately or simultaneously.
  3. Right of usufructuary mortgagor to recover possession.
  4. Accession to mortgaged property. Accession acquired in virtue of transferred ownership.
    63A. Improvements to mortgaged property.
  5. Renewal of mortgaged lease.
  6. Implied contracts by mortgagor.
    65A. Mortgagor’s power to lease.
  7. Waste by mortgagor in possession.

Rights and liabilities of Mortgagee

  1. Right to foreclosure or sale.
    67A. Mortgagee when bound to bring one suit on several mortgages.
  2. Right to sue for mortgage-money.
  3. Power of sale when valid.
    69A. Appointment of receiver.
  4. Accession to mortgaged property.
  5. Renewal of mortgaged lease.
  6. Rights of mortgagee in possession.
  7. Right to proceeds of revenue sale or compensation on acquisition.
  8. [Repealed.].
  9. [Repealed.].
  10. Liabilities of mortgagee in possession. Loss occasioned by his default.
  11. Receipts in lieu of interests.

Priority

  1. Postponement of prior mortgagee.
  2. Mortgage to secure uncertain amount when maximum is expressed.
  3. [Repealed.].

Marshalling and Contribution

  1. Marshalling securities.
  2. Contribution to mortgage-debt.

Deposit in Court

  1. Power to deposit in Court money due on mortgage.
    Right to money deposited by mortgagor.
  2. Cessation of interest.

Suits for Foreclosure, Sale or Redemption

  1. [Repealed.].

Foreclosure and Sale

  1. [Repealed.].
  2. [Repealed.].
  3. [Repealed.].
  4. [Repealed.].
  5. [Repealed.].

Redemption

  1. Persons who may sue for redemption.
  2. Subrogation.
  3. Prohibition of tacking.
  4. Rights of mesne mortgagee.
  5. Right of redeeming co-mortgagor to expenses.
  6. Mortgage by deposit of title-deeds.
  7. [Repealed.].

Anomalous Mortgages

  1. Rights and liabilities of parties to anomalous mortgages.
  2. [Repealed.].

Charges

  1. Charges.
  2. No merger in case of subsequent encumbrance.

Notice and Tender

  1. Service or tender on or to agent.
  2. Notice, etc., to or by person incompetent to contract.
  3. Power to make rules.