Transfer of Property Act Section 93 — Prohibition of tacking
CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Redemption
General
Summary
A mortgagee who pays off an earlier mortgage does not gain any priority for their original loan, even if they knew about a mortgage in between. Also, unless a specific earlier section applies, a mortgagee who gives the mortgagor more money later does not gain priority for that new advance, regardless of whether they knew about an intermediate mortgage.
Official Text
No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance.