Can a mortgage legally prevent a mortgagor from selling the property?

The notion that a mortgage cannot legally prevent a mortgagor from selling the property is grounded in the principle that property ownership includes the right to transfer ownership. In most jurisdictions, even if the mortgage contains certain restrictions or conditions, a mortgagor retains the fundamental right to sell the property. This principle is tied to public policy, which generally favors the free transferability of property rights.

If a mortgage lender tries to impose restrictions that would completely prevent the mortgagor from selling the property, it could be viewed as contrary to public policy, which aims to protect individuals' rights to their own property. There could be other conditions or stipulations, like the need for approval from the lender during a sale, but outright prevention would likely not hold up legally due to the overarching nature of property rights in real estate law.

In contrast, while certain provisions in a mortgage agreement may try to impose conditions relating to the sale, they cannot completely negate the ability of the mortgagor to sell their property, as this would contradict the principle of freedom to transfer ownership. Hence, the assertion that a mortgage cannot legally prevent the sale of the property aligns with the established legal framework surrounding property rights and transactions.