Determining the type of mortgage: registered vs equitable

There are a number of reasons why it is important for legal practitioners to determine whether a mortgage is, or should be drafted as, a legal mortgage or an equitable mortgage, as explained in this guidance note.

With regarding to a legal mortgage, this guidance note includes information that would assist legal practitioners in preparing a mortgage in registrable form each jurisdiction. Also included is commentary regarding the nation mortgage form.

With regards to an equitable mortgage, this guidance note explains, among other things, what is an equitable mortgage, when legal practitioners may encounter it, and possible ways of granting an equitable mortgage.

See Determining the type of mortgage: registered vs equitable.