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Land Title Act 2000
64ADisclaimer in bankruptcy – land
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64A Disclaimer in bankruptcy – land
(1) The Registrar-General may register a disclaimer of a lot or an
interest in a lot (except a lease) under a law about bankruptcy only
if the disclaimer and a request to register it is lodged.
Land Title Act 2000 47
(2) The disclaimer operates as a surrender of the lot or interest in the
lot on it being registered.
(3) If the lot or the interest in the lot is mortgaged, a mortgagee may
apply to the Registrar-General to register a notice of foreclosure.
(4) A notice of foreclosure must be accompanied by the disclaimer.
(5) On the notice of foreclosure being registered:
(a) the estate or interest of the bankrupt in the lot or interest in the
lot vests in the mortgagee free from all other charges; and
(b) the Registrar-General must register the mortgagee as
registered proprietor of the lot or interest in the lot.
(6) A notice of foreclosure must not be registered unless the
Registrar-General is satisfied that the mortgagee:
(a) has given 14 days written notice of the mortgagee's intended
application to every subsequent mortgagee of the lot or
interest in the lot; or
(b) has obtained the written consent of every subsequent
mortgagee of the lot or interest in the lot.
(7) A subsequent mortgagee may pay to the mortgagee the amount
due to the mortgagee under the mortgage, with costs, at any time
before foreclosure.
(8) On paying the amount under subsection (7), the subsequent
mortgagee is entitled to a transfer from the mortgagee of the