Australian Capital Territory Current Acts

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Mortgage or encumbrance—effect

    (1)     Any mortgage or encumbrance under this Act shall, have effect as a security but shall not operate as a transfer of the land thereby charged.

    (2)     If default is made in the payment of the principal sum, interest, annuity or rent charge, or any part thereof, secured by the mortgage or encumbrance, or in the observance of any covenant expressed in any memorandum of mortgage or of encumbrance registered under this Act, or that is in this Act declared to be implied in the instrument, and the default is continued for the space of 1 month or for such other period of time as is therein for that purpose expressly limited, the mortgagee or encumbrancee may—

        (a)     give to the mortgagor or encumbrancer notice in writing to pay the money then due or owing on the memorandum of mortgage or of encumbrance, or to observe the covenants therein expressed or implied, as the case may be, and that sale will be effected unless the default be remedied; or

        (b)     leave the notice on the mortgaged or encumbered land or at the usual or last-known place of abode in the ACT of the mortgagor or encumbrancer or other person claiming to be then entitled to the land or with his or her agent in the ACT.

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