sec.32Mortgages

### sec.32 Mortgages Where the land taken is subject to a mortgage at the date when it is taken, upon application by the mortgagee— the Land Court or, upon appeal, the Land Appeal Court shall order that payment be made to the mortgagee of; or if the compensation is agreed upon, the constructing authority shall pay to the mortgagee; so much of the amount of the compensation as does not exceed the sum due to the mortgagee. Payment shall not be made to a mortgagee under this section— in priority to any other claimant, save the mortgagor, unless the mortgagee would, if the land had been sold on the date when it was taken, have been entitled to such priority; or in priority to any taxes, rates or other moneys charged upon the land taken in favour of the Crown or any local government. For the purposes of this section the sum due to the mortgagee includes interest payable under the mortgage up to the date of payment or the last day of any period in respect whereof interest upon the amount of compensation has been ordered to be paid pursuant to section 28 , whichever is the earlier. s 32 amd 1998 No. 48 s 17 sch (sec.32-ssec.1) Where the land taken is subject to a mortgage at the date when it is taken, upon application by the mortgagee— the Land Court or, upon appeal, the Land Appeal Court shall order that payment be made to the mortgagee of; or if the compensation is agreed upon, the constructing authority shall pay to the mortgagee; so much of the amount of the compensation as does not exceed the sum due to the mortgagee. (sec.32-ssec.2) Payment shall not be made to a mortgagee under this section— in priority to any other claimant, save the mortgagor, unless the mortgagee would, if the land had been sold on the date when it was taken, have been entitled to such priority; or in priority to any taxes, rates or other moneys charged upon the land taken in favour of the Crown or any local government. (sec.32-ssec.3) For the purposes of this section the sum due to the mortgagee includes interest payable under the mortgage up to the date of payment or the last day of any period in respect whereof interest upon the amount of compensation has been ordered to be paid pursuant to section 28 , whichever is the earlier. - (a) the Land Court or, upon appeal, the Land Appeal Court shall order that payment be made to the mortgagee of; or - (b) if the compensation is agreed upon, the constructing authority shall pay to the mortgagee; - (a) in priority to any other claimant, save the mortgagor, unless the mortgagee would, if the land had been sold on the date when it was taken, have been entitled to such priority; or - (b) in priority to any taxes, rates or other moneys charged upon the land taken in favour of the Crown or any local government.