Does a caveator, holding a Memorandum of Mortgage (not registered against a property, there is only one registered mortgagee - the bank), have the power to obtain an Order of Possession, then evict a tenant who holds a current 12-month lease?
I am aware the pursuant to the Property Law that person(s) needs to be a registered mortgagee to cause a sale of property, the relevant wording being mortgagee. However, if the MofM is an unregistered mortgage, am I correct in saying any power within that document is weakened by the fact it is unregistered?
I am aware the pursuant to the Property Law that person(s) needs to be a registered mortgagee to cause a sale of property, the relevant wording being mortgagee. However, if the MofM is an unregistered mortgage, am I correct in saying any power within that document is weakened by the fact it is unregistered?