Queensland Consolidated Acts

LAND ACT 1994 - SECT 389A

389A Effect on writ of execution of transfer after sale by mortgagee

(1) Subsection (2) applies if—

(a) a mortgage is registered over a lease; and

(b) a writ of execution is later registered in relation to the lease.

(2) If the mortgagee of the lease signs a transfer of the lease after exercising power of sale under the mortgage—

(a) registration of the writ of execution does not prevent registration of the transfer; and

(b) on registration of the transfer, the registrar of titles must cancel registration of the writ of execution.