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Land Title Act 2000
72Disclaimer in bankruptcy – leases
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72 Disclaimer in bankruptcy – leases
(1) The Registrar-General may register a disclaimer of a lease only if
the disclaimer and a request to register it is lodged.
(2) The disclaimer operates as a surrender of the lease on it being
(3) If the lease 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 lease vests in the
mortgagee free from all other charges; and
(b) the Registrar-General must register the mortgagee as
registered proprietor of the lease.
(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 his or her intended
application to every subsequent mortgagee of the lease; or
(b) has obtained the written consent of every subsequent
mortgagee of the lease.
Land Title Act 2000 51
(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