Beruflich Dokumente
Kultur Dokumente
2. Where there is contract for secured mortgage and money is lent before the mortgagor
excecutes the mortgage instrument
The mortgagee can hence obtain a court order ordering the mortgagor to excecute the instrument.
Usually the banks will rely on the loan agreement as there is a clause in the loan agreement that the
mortgagor when called upon to do so by the mortgagee shall sign the mortgage. Default therefore on
the part of the mortgagor cannot therefore be counternanced and specific performance hence will be
ordered as against him.