122. How the mortgagee may avoid constructive notice.

122.     How the mortgagee may avoid constructive notice.

A creditor mortgagee who is put on inquiry will have constructive notice of the surety's rights unless he takes reasonable steps to ensure that the surety understood the nature and effect of the proposed surety transaction1. Where, for example, the mortgagee knows only that a wife is to stand surety for her husband's debts, these requirements will normally have been satisfied if the mortgagee insists that the wife attend a private meeting (in the absence of the husband) with a representative of the mortgagee at which she is told