97Order for foreclosure on default

97 Order for foreclosure on default (1) When default has been made in the payment of the interest or principal sum secured by memorandum of mortgage for 6 months, a registered mortgagee or his or her legal practitioner or attorney in the ACT may make application in writing to the registrar-general for an order for foreclosure. (2) The application shall state that the default has been so made, and that the land or interest mortgaged has been offered for sale at public auction by a licensed auctioneer, after notice given to the mortgagor, as in this Act provided, and that the amount of the highest bid at the sale was not sufficient to satisfy the money secured by the mortgage, together with the expenses occasioned by the sale, and that notice in writing of the intention of the mortgagee to make the application has been given to the mortgagor by leaving the notice at his or her usual or last-known place of abode, if that place is within 5km of the residence of the mortgagee, or by forwarding the notice by registered letter through the post office, if that place is beyond that distance. (3) The application shall be accompanied by a certificate of the auctioneer by whom the land was put up for sale, and such other proof of the matters stated by the applicant, as the registrar-general requires. (4) The statements made in the application shall be verified by the oath or statement of the applicant or other person applying on his or her behalf. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).