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Word of the Week | Rule of Pendente Lite

RULE OF PENDENTE LITE



Ontario



A person who acquires an interest in a property after a mortgage enforcement proceeding need not be made a party to those proceedings but is nevertheless bound by them. This rule, known as the rule of pendente lite ("pending the suit"), explains why execution creditors and others whose interest arise after the commencement of foreclosure proceedings are bound by the foreclosure judgment without necessarily being made parties to those proceedings.
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