Land Titles Act 1993 · 2020 Revised Edition · Part 8 · Mortgages and Charges
85. Foreclosure of mortgages notified on land-register
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Where before or after 1 March 1994, the court has made an order for foreclosure in respect of a mortgage to which this Division applies, the mortgagee in whose favour the foreclosure order is made must —
lodge an application in the approved form with the Registrar and not the Registrar of Deeds for the purpose of registering the court order; and
furnish the Registrar with a duly certified copy of the order.
The Registrar, upon being satisfied that the court order is in order for registration, must register the order by entering a memorial of the court order in the relevant folio.
A court order entered in the land-register under subsection (2) has the effect of vesting in the applicant mortgagee all the estate and interest of the mortgagor in the land referred to in the court order freed from all right and equity of redemption on the part of the mortgagor, and freed and discharged from all liability on account of any mortgage, charge or other interest registered subsequently thereto except such leases or other interests as may be binding on the applicant mortgagee.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
The Registrar of Deeds may refuse to accept for registration a court order mentioned in subsection (1) and where the Registrar of Deeds has inadvertently accepted the order for registration, the Registrar of Deeds may cancel the registration of the order after having served 21 days’ notice on the person who presented the order for registration unless in the case of any provisional registration of the order, the person has agreed to withdraw the order from registration.
Registrar of Deeds
“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988;