The applicant mortgagee applied to discharge a certificate of pending litigation (CPL) registered by the respondent against a property subject to a power of sale.
The respondent, who had made substantial financial contributions to the property but was not on title, registered the CPL amid family law proceedings against her abusive former spouse.
The court dismissed the application, holding that it lacks jurisdiction to vacate a validly registered CPL at the instance of a mortgagee completing a power of sale proceeding.
The court noted the applicant's remedy lies in section 35 of the Mortgages Act, which allows a mortgagee to pass good title to a purchaser upon satisfying statutory requirements.
