§ 72 — Custody of documents of title

72. A first mortgagee is, as between the mortgagee and the mortgagor, entitled to custody of the documents of title to the mortgaged land so long as any liability under the mortgage subsists, but upon a request by the mortgagor, and upon payment of the mortgagee’s proper costs and expenses, the mortgagee must produce such documents of title at the Land Titles Registry to allow the registration of any subsequent mortgage which is not prohibited by the terms of the prior mortgage, or of any other authorised dealing by the mortgagor.[8/2014]