Roberge v. Cyr

1. “A mortgagee selling under a power contained in a mortgage may be a purchaser at the sale, unless the mortgage contains a provision to the contrary.” P. L., c. 215, s. 25. So far as appears, there was no such provision in the defendants’ mortgage.

It has been repeatedly held that the purchaser at a foreclosure sale enters into a binding contract which cannot be modified or annulled except under such circumstances as would justify its reformation or rescission within the technical meaning of these terms. 3 Jones, Mortgages (8th ed.), 601, and cases cited. Nor is the rule otherwise where the…