The borrower in a mortgage, typically a homeowner.
- An attornment clause in a mortgage whereby the mortgagor attorns tenant at will to the mortgagee is not a true contract and so is not ‘an agreement’ for present purposes.
- In that case there was a renewal agreement entered into between the mortgagor and the mortgagee to amend the terms of the mortgage at a time when it was known to the mortgagee that there were outstanding realty taxes.
- If a mortgagee had the obligation or the right to pay or collect arrears of common expenses in relation to a unit not mortgaged to it by the mortgagor, then the mortgagee would not have the right to obtain such statement in respect of such unit.
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