Transfer of Property Act Section 94 — Rights of mesne mortgagee

CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Redemption

General

Summary

Where a property is mortgaged one after another to different lenders, a middle mortgagee—someone who lent money after the first lender but before later ones—has the same rights against the lenders who came after him as he has against the person who took the loan. In other words, the middle lender can enforce his claim against the later lenders just as he would against the borrower.

Official Text

Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor.] 1 [