In Marion Wright vs Scotiabank – 2021/CLE/gen/00034 the Court affirmed that the Bank did not have to provide the borrower a satisfaction of mortgage when only one loan was paid off in full and the other loan remained outstanding.
Justice Brathwaite in a decision dated 4 December 2025 held “that a mortgagee may only issue such a satisfaction when all indebtedness secured by the mortgage has been repaid in full (Cyril Livingstone Minnis v Commonwealth Bank Limited and others; Dennison v Talbot and another [2017] 2 BHS J No 50). Repayment of one of several secured debts therefore does not extinguish the mortgagee’s security if another secured debt remains outstanding. In fact, to issue a Satisfaction of Mortgage in these circumstances would unjustifiably deprive the mortgagee of its security interest for the unsatisfied loan and would contradict both the contractual terms of the mortgage deed and the equitable doctrine of redemption.”
The Judge also decided that the Plaintiff did not discharge the burden of proof and dismissed the action.
Scotiabank was represented by Raynard Rigby KC and Asha Lewis of Baycourt Chambers.
A copy of the Decision is available below.
Civil Ruling- Marion Wright and Scotiabank (Bahamas) Limited
