Mortgagee
A mortgagee is the lender in a mortgage: the party in whose favour the mortgage is granted and who holds the charge registered on title as security for the loan. The borrower who grants the mortgage is the mortgagor, who keeps ownership of the property subject to the charge.
How BC law treats it
In BC, a mortgagee enforces through a foreclosure proceeding in the Supreme Court, where the court usually grants a redemption period and may order a sale. A mortgagee is generally not responsible as occupier unless it takes possession as a mortgagee in possession.
What it means for your business
If your business lends on mortgage security, enforcement takes time and court involvement, so price the loan with that delay in mind.
Risks and common mistakes
Taking possession of the property without proper steps can expose the mortgagee to the duties and liabilities of a mortgagee in possession.
For the full explanation, see our entry on Mortgage.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
