if an equitable owner's interest has priority over the interests of a mortgagee, the court will never order a sale of the property unless the equitable owner consents. Justify by reference to the case law.

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Courts can order the sale of a property even if an equitable owner's interest has priority over the interests of a mortgagee, and without the equitable owner's consent, if it is deemed necessary to satisfy the claims against the property. The case of City of London Building Society v Flegg [1988] AC 54 established that overriding interests, which might include certain equitable interests, can be overreached by the sale of a property, provided the proceeds of sale are distributed in accordance with the priorities. This means that the court can order a sale to satisfy the debts secured by the property, such as a mortgage, even if it affects the equitable owner's interest.

If an Equitable Owner's Interest Has Priority Over the Interests