A mortgagee who has foreclosed and subsequently sold the property is precluded from suing on the covenant for payment1, but this principle does not apply to a sale under the mortgagee's power of sale2 or under the order of the court3, and, if it does not realise enough to pay off the mortgage, he may sue for the deficiency4. The mortgagee may be restrained from suing if he cannot hand back the title deeds5. These principles are applicable not only
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234