Elite Mortgage Corp. v. Fell
The court held that a registered mortgage generally ranks ahead of an unregistered spouse’s family property interest, but dismissed the payment-out applications for insufficient evidence.
- Priority of registered charges vs spouse's unregistered interest
- Spouse's interest under family law act s.81 and enforceability under s.103
- Land title act s.29 effect of registration
- Statute of frauds and variation of land contracts
- Sufficiency of evidence for payment out
- Fraud exception to priority rules