When can the equitable right be extinguished for mortgages?

Published in: November 2016

There are various situations where the right to redeem in equity can be extinguished, and can be generally done so under the following circumstances:


  • the mortgagee chooses to foreclose a property;
  • the mortgagor has not enforce their right within the statutory limitation period;
  • the mortgagee has purchased the right of redemption.


However, we should note, that equitable jurisdictions may be reluctant in interfering with the enforceability of the right of redemption. One such example that may be considered as interference in the enforceability of the right of redemption will be a situation where either a right or option to buy a mortgaged property extinguishes the right to redeem. Such a right can only be done so via a separate and independent agreement. 

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