Down Is Up and Up Is Down: Condominium Caveats and Notices of Security Interests

SKU: 62219.03

Author: Kyle Kawanami

In most cases, dealing with registrations on title in a foreclosure matter is relatively straightforward. Typically, the maxim of “redeem up, foreclose down” lends itself to an easy solution when inspecting title. If a registration falls behind your client’s mortgage, you don’t need to worry about it for the purposes of taking title or conveying title. Condominium caveats and Notices of Security Interests represent a departure from this general proposition. This paper summarizes the current law regarding these types of interests, while also providing some potential solutions to resolving issues that may arise.

This paper was presented at LESA’s Foreclosures – Beyond the Basics webinar series in November, 2021.

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