QLDIn ForceAct
Land Title Act 1994
sec.63Dealing with mortgaged lot
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### sec.63 Dealing with mortgaged lot
If a lot, or an interest in a lot, subject to a registered mortgage is transferred, the transferee is liable—
to comply with the terms of the mortgage and the terms implied by an Act; and
to indemnify the transferor against liability under the mortgage and under this or another Act.
If a mortgagee of a lot becomes the registered owner of the lot, the registrar must register the mortgagee as registered owner released from the mortgage.
The registrar must act under subsection (2) unless the mortgagee asks the registrar not to act under the subsection.
s 63 amd 2014 No. 29 s 105
(sec.63-ssec.1) If a lot, or an interest in a lot, subject to a registered mortgage is transferred, the transferee is liable— to comply with the terms of the mortgage and the terms implied by an Act; and to indemnify the transferor against liability under the mortgage and under this or another Act.
(sec.63-ssec.2) If a mortgagee of a lot becomes the registered owner of the lot, the registrar must register the mortgagee as registered owner released from the mortgage.
(sec.63-ssec.3) The registrar must act under subsection (2) unless the mortgagee asks the registrar not to act under the subsection.
- (a) to comply with the terms of the mortgage and the terms implied by an Act; and
- (b) to indemnify the transferor against liability under the mortgage and under this or another Act.