227Unregistered mortgages protected by caveats (anti-avoidance provision)

#### 227 Unregistered mortgages protected by caveats (anti-avoidance provision) 227 Unregistered mortgages protected by caveats (anti-avoidance provision) > > (1) A caveat under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) in which an estate or interest is claimed under an unregistered mortgage is chargeable with duty. > > > (2) The amount of duty is— > > > > > (a) if the mortgage is chargeable, but not stamped, with mortgage duty—the same amount as is chargeable on the mortgage, or > > > > > (b) if the mortgage is stamped, or is not chargeable, with mortgage duty—$100. > > > (3) The person liable to pay the duty is the mortgagor. > > > (4) This section does not apply to a caveat lodged in respect of a mortgage that is exempt from mortgage duty under Part 4. > > **s 227:** Am 2008 No 122, Sch 1.2 \[13\]; 2023 No 26, Sch 1\[1\].