South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 147

147—Cancellation of registration of mortgage by Registrar-General

        (1)         The Registrar-General may cancel the registration of a mortgage if—

            (a)         the person by or on whose behalf the mortgage was signed or executed as mortgagor (the "purported mortgagor") is not the registered proprietor of land subject to the mortgage; and

            (b)         the mortgagee

                  (i)         failed to comply with a requirement under this Act or the Electronic Conveyancing National Law (South Australia) to verify the purported mortgagor's identity or authority to enter into the mortgage; or

                  (ii)         if the mortgage was transferred to the mortgagee—failed to comply with a requirement under this Act to establish that the transferor complied with an obligation imposed on the transferor, as mortgagee, to verify the purported mortgagor's identity or authority to enter into the mortgage.

        (2)         The Registrar-General may cancel the registration of a mortgage that is executed solely by the mortgagee if the mortgagee is unable to produce, at the request of the Registrar-General, the corresponding mortgage required to be retained by the mortgagee under section 128.



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