New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 52A
Mortgage of a mortgage or charge
52A Mortgage of a mortgage or charge
(1) All acts, powers, and rights which may be done or exercised by the
mortgagee or chargee of an estate in land in relation to the estate or the
mortgagor or charger of the estate may, when the mortgage of, or charge on,
the estate is subject to a mortgage, be done or exercised by the mortgagee of
the mortgage or charge, and shall not be done or exercised by the mortgagee or
chargee of the estate.
(2) Nothing in this section shall affect the rights of
a mortgagor or charger who has not received notice of a mortgage of the
mortgage or charge.
(3) This section applies only to mortgages executed after
the commencement of the Conveyancing (Amendment) Act 1930 of mortgages or
charges created before or after such commencement.
(4) In case of default
within the meaning of section 57, notice authorised by that section shall not
be given by leaving the notice on the mortgaged or charged land.
provisions of section 60 shall not apply in case of default by the mortgagor
of a mortgage or charge.
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