No. 1 - The mortgagor in a real estate mortgage may sell the property mortgaged despite a prohibition to that EFFECT. No. 2 - If there is a balance after the foreclosure sale in a chattel mortgage arising he deficiency cannot be recovered.

Question

Quizplus · Accepted Answer

1. The mortgagor can indeed sell the property despite a prohibition clause, as such clauses are generally unenforceable because they infringe on the owner's right to dispose of their property. However, the mortgage remains attached to the property unless the mortgagee agrees to release it. 2. In the case of a chattel mortgage, if the proceeds from the foreclosure sale are insufficient to cover the debt, the deficiency can indeed be recovered from the debtor, contrary to the statement provided.

No 1 - the Mortgagor in a Real Estate Mortgage