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What is the legal effect of a term in a mortgage that constitutes a clog on the mortgagor's right of…

Section 60 protects the mortgagor's right to redeem upon payment or tender of the mortgage money when due. A term that constitutes a clog on that right is void.

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What is the legal effect of a term in a mortgage that constitutes a clog on the mortgagor's right of redemption?

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Answer and explanation

Correct answer A

Section 60 protects the mortgagor's right to redeem upon payment or tender of the mortgage money when due. A term that constitutes a clog on that right is void.

Option feedback

Option A

A term that clogs the statutory right of redemption is void.

Option B

A clog is void rather than merely voidable at the mortgagor's option.

Option C

The restriction is invalid. The timing of payment does not suspend the restriction.

Option D

Notice to the mortgagor cannot make a clog enforceable.

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