Conveyancing and Lawof Property Act 1886 · 2020 Revised Edition · Part 4 · Mortgages
27. Mortgagee’s receipts, discharges, etc.
Feedback & supportThe receipt in writing of a mortgagee shall be a sufficient discharge for any money arising under the power of sale conferred by this Act, or for any money or securities comprised in his mortgage, or arising thereunder.
writing
“writing” includes print; and words referring to any instrument, copy, extract, abstract or other document include any such instrument, copy, extract, abstract or other document being in writing or in print or partly in writing and partly in print.
A person paying or transferring the same to the mortgagee shall not be concerned to inquire whether any money remains due under the mortgage.
Money received by a mortgagee under his mortgage or from the proceeds of securities comprised in his mortgage, shall be applied in like manner as in this Act directed respecting money received by him arising from a sale under the power of sale conferred by this Act; but with this variation, that the costs, charges and expenses payable shall include the costs, charges and expenses properly incurred of recovering and receiving the money or securities, and of conversion of securities into money, instead of those incident to sale.
mortgagee
“mortgagee” includes any person from time to time deriving title under the original mortgagee;