96Power for mortgagor to inspect title deeds

96 Power for mortgagor to inspect title deeds

96 Power for mortgagor to inspect title deeds

(1) A mortgagor, as long as the mortgagor’s right to redeem subsists, shall by virtue of this Act be entitled from time to time at reasonable times on the mortgagor’s request, and at the mortgagor’s own cost and on payment of the mortgagee’s costs and expenses in this behalf by the mortgagee, the mortgagee’s solicitor or licensed conveyancer, to inspect and to be supplied with copies or abstracts of, or extracts from, the documents of title or other documents relating to the mortgaged property in the custody or power of the mortgagee.

(2) This section applies to mortgages under the Real Property Act 1900, and in such case the mortgagor shall be entitled to have a document of title lodged with the Registrar-General, to allow of the registration of any authorised dealing by the mortgagor with the land, upon payment of the mortgagee’s proper costs and expenses.

(3) This section applies only to mortgages made after the commencement of this Act, and shall have effect notwithstanding any stipulation to the contrary.

s 96: Am 1992 No 55, Sch 2; 2016 No 46, Sch 4.2 [15]; 2021 No 10, Sch 3.7[8].