Western Australian Current Acts

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128 .         Land brought under this Act subject to mortgage, rights of mortgagee etc.

                When any land has been brought under or shall be brought under this Act subject to any mortgage and the mortgagee or any person claiming under him shall apply for a certificate of title to the land foreclosed or purchased the mortgage shall be deemed to have conferred upon the mortgagee or the purchaser under the power of sale contained in the mortgage the right to be registered as proprietor at law as well as in equity of the same estate in the land as that for which the mortgagor was registered and the only inquiry into title shall be as to the validity of the foreclosure or sale and of any subsequent transfers or transmissions of title to the applicant and no caveat which might have been or which was lodged against the original application shall be lodged or renewed in respect of the same estate or interest against the application of the mortgagee or any person claiming under him.

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