sec.40Applying for enforcement action suspension certificate

sec.40 Applying for enforcement action suspension certificate

This section applies to a farmer if— the farmer is in default under a farm mortgage; and the farmer has given the mortgagee a request for mediation notice; and the mortgagee has failed to mediate. See section 44 for when a mortgagee has failed to mediate. The farmer may apply to the authority for a certificate (an enforcement action suspension certificate ) to stop the mortgagee taking enforcement action under the farm mortgage. The application must— be in the approved form; and state the facts and circumstances forming the basis of the claim the mortgagee has failed to mediate; and be accompanied by the fee prescribed by regulation. (sec.40-ssec.1) This section applies to a farmer if— the farmer is in default under a farm mortgage; and the farmer has given the mortgagee a request for mediation notice; and the mortgagee has failed to mediate. See section 44 for when a mortgagee has failed to mediate. (sec.40-ssec.2) The farmer may apply to the authority for a certificate (an enforcement action suspension certificate ) to stop the mortgagee taking enforcement action under the farm mortgage. (sec.40-ssec.3) The application must— be in the approved form; and state the facts and circumstances forming the basis of the claim the mortgagee has failed to mediate; and be accompanied by the fee prescribed by regulation.

• (a) the farmer is in default under a farm mortgage; and
• (b) the farmer has given the mortgagee a request for mediation notice; and
• (c) the mortgagee has failed to mediate. Note— See section 44 for when a mortgagee has failed to mediate.
• (a) be in the approved form; and
• (b) state the facts and circumstances forming the basis of the claim the mortgagee has failed to mediate; and
• (c) be accompanied by the fee prescribed by regulation.