A mortgage contract prohibiting the encumbrance, sale, or disposal of mortgaged property without the consent of the mortgagee is valid. The courts cannot compel the mortgagee to consent to and allow the registration of a deed transferring the mortgaged property if it would violate the terms of the mortgage prohibiting such a transfer without consent. The mortgagee is not required to surrender the title certificate for registration of a transfer it has not approved according to the mortgage agreement.
A mortgage contract prohibiting the encumbrance, sale, or disposal of mortgaged property without the consent of the mortgagee is valid. The courts cannot compel the mortgagee to consent to and allow the registration of a deed transferring the mortgaged property if it would violate the terms of the mortgage prohibiting such a transfer without consent. The mortgagee is not required to surrender the title certificate for registration of a transfer it has not approved according to the mortgage agreement.
A mortgage contract prohibiting the encumbrance, sale, or disposal of mortgaged property without the consent of the mortgagee is valid. The courts cannot compel the mortgagee to consent to and allow the registration of a deed transferring the mortgaged property if it would violate the terms of the mortgage prohibiting such a transfer without consent. The mortgagee is not required to surrender the title certificate for registration of a transfer it has not approved according to the mortgage agreement.
MORTGAGE; ENCUMBRANCE OR ALIENATION OF MORTGAGED PROPERTY; CREDITOR
CANNOT BE COMPELLED TO GIVE CONSENT TO A LATER DEED OVER PROPERTY
MORTGAGED. — A prohibition in a mortgaged contract against the encumbrance, sale or disposal of the property mortgaged without the consent of the mortgagee is valid as not contrary to law, morals, or public interest. The mortgagee in such case can not be compelled by the courts to give its consent to the registration of a deed of donation of the property mortgaged by delivering for that purpose the transfer certificate of title in its possession, contrary to the prohibition.