657. Effect of subsequent incumbrances.

657.     Effect of subsequent incumbrances.

If the mortgagee has notice of subsequent incumbrances, he is not bound to redeliver the deeds to the mortgagor without being satisfied that the subsequent incumbrancers have been paid off1. However, unless he has notice of the right or claim of a person having a better right, he is not liable for delivering the deeds to a person not having the best right to them2; and although the registration of another incumbrance under the Land Charges Act 1972 is actual notice of the incumbrance3, this is not so