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3 weeks ago
I have a situation where the mortgagee is the father.
The mortgagors are the father's two sons and one of the partner of one son.
The land on which the mortgage is to be registered is owned by the two sons, the partner and also half of it is owned by the father's wife - all as tenants in common.
Can I register the mortgage on the title? It will show the sons and partner as mortgagors only.
Will the wife have to be a party to the PEXA transaction and consent to the mortgage being registered?
I don't think the mortgage can refer to the sons and partner's interest in the land only.