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Part 4 · Mortgages

19. Obligation of mortgagee to transfer instead of reconveying

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(1)

Where a mortgagor is entitled to redeem, he shall have power to require the mortgagee, instead of reconveying, and on the terms on which he would be bound to reconvey, to assign the mortgage debt and convey the mortgaged property to any third person as the mortgagor directs, and the mortgagee shall assign and convey accordingly.

(2)

The power given by this section to a mortgagor shall belong to and be capable of being enforced by each incumbrancer or by the mortgagor notwithstanding any intermediate incumbrance, but a requisition of an incumbrancer shall prevail over a requisition of a mortgagor, and as between incumbrancers a requisition of a prior incumbrancer shall prevail over a requisition of a subsequent incumbrancer.

(3)

This section shall not apply in the case of a mortgagee being or having been in possession.

(4)

This section shall apply to mortgages made before, on or after 1 August 1886, and shall have effect notwithstanding any stipulation to the contrary.

Report

Part 5

Statutory Mortgage

Part 5A

Easements

Part 6

Devolution of Land on Death

Part 7

Married Women, Aliens, Corporations

Part 8

Minors

Part 9

Rentcharges

Part 10

Powers of Attorney

Part 11

Construction and Effect of Deeds Andother Instruments

Part 12

Powers

Part 13

Notice

Part 14

Adoption of Act

Part 15

Miscellaneous

Part 16

Procedure

Schedules