The equities favor the vendor. Not only does the vendor |
part with specific real estate rather than money, but the |
vendor would never relinquish it at all except on the |
understanding that the vendor will be able to use it to |
satisfy the obligation to pay the price. This is the case |
even though the vendor may know that the mortgagor is going |
to finance the transaction in part by borrowing from a third |
party and giving a mortgage to secure that obligation. In |
the final analysis, the law is more sympathetic to the |
vendor's hazard of losing real estate previously owned than |
to the third party lender's risk of being unable to collect |
from an interest in real estate that never previously |
belonged to it. |