Housing (Freeholding of Land) Act 1957
sec.9Chief executive’s charge not affected by mortgagee sale
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sec.9 Chief executive’s charge not affected by mortgagee sale
This section applies if— a deed of grant is issued subject to the chief executive’s charge; and a mortgagee exercising the power of sale under the Land Title Act 1994 sells the land in the deed of grant before the chief executive’s charge is released under this division. The chief executive’s charge is not released by the sale and the land is transferred to the purchaser subject to the charge. s 9 amd 1978 No. 58 s 16 ; 1979 No. 5 s 21 ; 1980 No. 49 s 10 ; 1983 No. 9 s 21 ; 1993 No. 76 s 3 sch 1 ; 2003 No. 52 s 153 sch 2 (amd 2005 No. 33 s 11 (retro)) sub 2005 No. 46 ss 13 – 14 amd 2023 No. 27 s 289 sch 3 (sec.9-ssec.1) This section applies if— a deed of grant is issued subject to the chief executive’s charge; and a mortgagee exercising the power of sale under the Land Title Act 1994 sells the land in the deed of grant before the chief executive’s charge is released under this division. (sec.9-ssec.2) The chief executive’s charge is not released by the sale and the land is transferred to the purchaser subject to the charge.
- (a) a deed of grant is issued subject to the chief executive’s charge; and
- (b) a mortgagee exercising the power of sale under the Land Title Act 1994 sells the land in the deed of grant before the chief executive’s charge is released under this division.