QLDIn ForceAct
Land Act 1994
sec.389AEffect on writ of execution of transfer after sale by mortgagee
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### sec.389A Effect on writ of execution of transfer after sale by mortgagee
Subsection (2) applies if—
a mortgage is registered over a lease; and
a writ of execution is later registered in relation to the lease.
If the mortgagee of the lease signs a transfer of the lease after exercising power of sale under the mortgage—
registration of the writ of execution does not prevent registration of the transfer; and
on registration of the transfer, the registrar of titles must cancel registration of the writ of execution.
s 389A ins 2001 No. 33 s 16
amd 2021 No. 12 s 148 sch 3
(sec.389A-ssec.1) Subsection (2) applies if— a mortgage is registered over a lease; and a writ of execution is later registered in relation to the lease.
(sec.389A-ssec.2) If the mortgagee of the lease signs a transfer of the lease after exercising power of sale under the mortgage— registration of the writ of execution does not prevent registration of the transfer; and on registration of the transfer, the registrar of titles must cancel registration of the writ of execution.
- (a) a mortgage is registered over a lease; and
- (b) a writ of execution is later registered in relation to the lease.
- (a) registration of the writ of execution does not prevent registration of the transfer; and
- (b) on registration of the transfer, the registrar of titles must cancel registration of the writ of execution.