Assigning Mortgages After Order Nisi

By: Dennis Fitzpatrick

We are sometimes asked by a lender to transfer and assign a mortgage to another party after the mortgagee has obtained order nisi. The assignee then seeks order absolute. In that case, the procedural affect is to substitute a party in a legal proceeding post judgment.

Classic Mortgage Corporation v. 0768723 B.C. Ltd. et al., 2017 BCSC 439, decided March 1, 2017, confirms that such a substitution is permissible for the judgment against the land, but not necessarily for the judgment against the persons who promised to pay the mortgage debt. The result would be two petitioners in the same foreclosure, which is unusual but permissible in the opinion of the court.


Dennis Fitzpatrick a partner at Burns Fitzpatrick LLP
Dennis Fitzpatrick


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