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My mind is in overdrive at the moment, been reading up about clogs on the equity of redemption.
Can anyone confirm whether Im on the right track with this as an example-
If a mortgagor loses mental capacity and doesnt have a validly appointed attorney or receiver to act on his behalf he therefore cannot exercise his right of equity of redemption.
If the mortgagee is aware of the mental incapacity but nevertheless enforces the security in reliance on his contractual powers would this constitute a clog on the equity of redemption.
Clearly if the mortgagor was without mental and legal capacity and had no-one to act on his behalf he would be placed in a situation that made redemption impossible.
Can anyone confirm whether Im on the right track with this as an example-
If a mortgagor loses mental capacity and doesnt have a validly appointed attorney or receiver to act on his behalf he therefore cannot exercise his right of equity of redemption.
If the mortgagee is aware of the mental incapacity but nevertheless enforces the security in reliance on his contractual powers would this constitute a clog on the equity of redemption.
Clearly if the mortgagor was without mental and legal capacity and had no-one to act on his behalf he would be placed in a situation that made redemption impossible.
