Singapore legislation
Section 9
Section 9
Effect of mortgage of right, title and interest in land surrendered and notified on land-register
(1)
Where unregistered land has been surrendered to the State for the reissue of one or more fresh titles freed and discharged from any subsisting mortgage registered under the Registration of Deeds Act [Cap. 269], the person entitled to be issued with the fresh title or titles in respect of the whole or part of the land surrendered may, with the written consent of the Collector of Land Revenue and the Registrar, create a mortgage in respect of his right, title and interest therein prior to the issue of a certificate by the Collector of Land Revenue or the issue of a State grant or lease by the President, as the case may be, with the intent that the said mortgage shall pro tanto be in substitution of a mortgage which was subsisting prior to the surrender of the unregistered land.
(2)
The following provisions shall apply to any mortgage created in accordance with subsection (1):
notwithstanding any other provision of this Act the mortgage created in accordance with subsection (1) may be registered under the provisions of the Registration of Deeds Act;
where the mortgage has been registered (provisionally or otherwise) under the Registration of Deeds Act the person claiming as mortgagee under the mortgage may lodge an application with the Registrar for notification of that mortgage on the relevant folio (when created) of the land-register, and the Registrar shall, if satisfied that the application is in order, pending the creation of the folio of the land-register record the application in a provisional register-book, and thereupon the mortgage shall constitute a legal mortgage to the extent that the mortgagee of the mortgage may exercise the same powers as if he is a legal mortgagee; and
where the Registrar has recorded the application for the notification of the mortgage pursuant to paragraph (b), the Registrar shall notify the mortgage on the relevant folio (when created) of the land-register, and section 20(5), (6) and (7) shall, mutatis mutandis, apply to that mortgage.
(3)
Nothing in this section shall require the Registrar to notify any mortgage created in accordance with subsection (1) on the folio (when created) of the land-register unless an application to notify the mortgage has been lodged with and accepted by the Registrar as being in order for notification, and except in the case of fraud a purchaser dealing with the whole or part of the land on or after the date when the said land has been brought under this Act pursuant to the reissue of a fresh title or titles subsequent to a surrender to the State shall not be deemed to have notice of any mortgage which has not been notified by the Registrar on the folio (when created) of the land-register.
(4)
Subject to subsection (2), no assurance of any unregistered land surrendered to the President or any part thereof made by the person entitled to be issued with one or more fresh titles in respect of the surrendered land shall be capable of being registered under the provisions of the Registration of Deeds Act [Cap. 269] and the Registrar of Deeds shall have the power to refuse the registration of that assurance when presented for registration, or in the case where that assurance has been registered the Registrar of Deeds shall have the power to cancel the registration of that assurance and any entries relating thereto, except that before the Registrar issues a certificate of title pursuant to the receipt of a certificate issued by the Collector of Land Revenue or a State grant or lease issued for the unregistered land surrendered or any part thereof —
a mortgage created in accordance with subsection (1) and an assurance dealing with that mortgage made with the consent of the Collector of Land Revenue and the Registrar may be registered under the provisions of the Registration of Deeds Act; and
an assurance made in favour of a purchaser by the mortgagee exercising his power of sale under the mortgage created in accordance with subsection (1) may, with the consent of the Collector of Land Revenue, be registered under the provisions of the Registration of Deeds Act, and upon acceptance by the Registrar of Deeds of the assurance for registration —
the purchaser from the mortgagee shall be deemed to be a successor in title of the right, title and interest in the land surrendered for a reissue of a new title or titles to the extent of the whole or part of the land conveyed to the purchaser by the mortgagee under the assurance, and shall be bound by all the terms and obligations relating to the surrender of the whole or part of the land sold as if these terms and obligations have been made between the purchaser and the Collector of Land Revenue; and
a certificate by the Collector of Land Revenue or a State grant or lease, as the case may be, shall be issued to the purchaser named in the assurance registered under the Registration of Deeds Act [Cap. 269] if the Collector of Land Revenue on behalf of the President is satisfied with the right, title or interest conveyed to the purchaser by the mortgagee under the assurance.[8A