124. The remedy of the mortgagor.

124.     The remedy of the mortgagor.

The remedy of a mortgagor who executed the mortgage as a result of misrepresentation or undue influence is rescission of the mortgage, although a mortgagor is entitled to rescind a mortgage or other transaction only if he restores the benefits received1. A transaction may be set aside even though it is impossible to place the parties in precisely the position they were in before if the court can achieve practical justice between the parties2. If restitution cannot be made, the claim to rescission fails3.

The court has