| Commentary

6 Mortgages

| Commentary

6 Mortgages

The banker can look to his general lien as a protection against loss on a loan or other credit facility but, in addition, according to the circumstances of any particular case, he may require special security normally by way of charge, mortgage (whether legal or equitable), by way of assignment, pledge, hypothecation or guarantee. A custodial agreement conferring on the bank a lien in support of a bank’s liabilities, but carrying with it a right to sell in the event of default may be in the nature of a charge1.

Certain provisions contained in mortgages and other security documents

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial