ACTIn ForceAct
Land Titles Act 1925
96Default, entry and possession—action for recovery
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96 Default, entry and possession—action for recovery
The mortgagee or encumbrancee upon default in payment of the
principal sum or any part thereof, or of any interest, annuity or rent
charge secured by any mortgage or encumbrance may—
(a) enter into possession of the mortgaged or encumbered land by
receiving the rents and profits therefor; or
(c) bring an action to recover the land, either before or after
commencing to take the rents and profits, and either before or
after any sale of the land effected under the power of sale given
or implied in his or her memorandum of mortgage or of
encumbrance;
in the same manner in which he or she might have made the entry or
brought the action if the principal sum or annuity were secured to him
or her by a conveyance of the legal estate in the land so mortgaged or
encumbered.