Can a mortgagee recover damages for removing fixtures from a house that is not covered by the mortgage?

Saskatchewan, Canada

The following excerpt is from Holland-Canada Mortgage Co., Ltd. v. Fraser, 1926 CanLII 80 (SK CA):

In Gooding v. Shea, 103 Mass. 360, the plaintiff, a mortgagee, brought an action of tort against the defendant for removing some fixtures from a house covered by the mortgage. At the trial it appeared that the plaintiff was out of possession and had not the right of possession as there had been no default or breach of condition under his mortgage. It was held that the plaintiff could recover the full amount of the damages caused to the estate by the removal of the fixtures without regard to the sufficiency of the security. In his judgment Wells, J., at p. 364, said: The right of the plaintiff to recover in this action does not depend upon the sufficiency or insufficiency of his security. Until his whole debt is paid, he cannot be deprived of any substantial part of his entire security without full redress therefor.

Other Questions

What is the duty of the occupier of a house to prevent damage caused by a guest who entered the house without the consent of the homeowner? (Saskatchewan, Canada)
Can a mortgagee obtain an injunction to restrain a mortgagor from removing fixtures from their property? (Saskatchewan, Canada)
In what circumstances will a mortgagee be able to recover from the loss of a brick building and the damage to another brick building? (Saskatchewan, Canada)
Is a mortgagee who has made a loan on mortgage, but has not executed the mortgage deed, bound to give effect to a proviso that reduces the interest rate of interest on punctual payment? (Saskatchewan, Canada)
Can a plaintiff recover damages for damages caused by a herd of large cattle that were running loose on a highway? (Saskatchewan, Canada)
Can a mortgagee recover more than the amount due under their mortgage? (Saskatchewan, Canada)
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt? (Saskatchewan, Canada)
Can a mortgagee obtain an injunction to restrain the removal of machinery from the mortgaged premises? (Saskatchewan, Canada)
Can a mortgagee sue the mortgagor on the basis that the mortgaged property is not in a condition in which it was when the mortgage was signed? (Saskatchewan, Canada)
Does a mortgagee have a right to sue for the proceeds of the mortgage if they have mortgaged the estate? (Saskatchewan, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.