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Land Titles Act 1925
99Mortgagee to receive rent
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99 Mortgagee to receive rent
(1) Whenever a mortgagee or encumbrancee gives notice of his or her
demanding to enter into receipt of the rents and profits of the
mortgaged or encumbered land to the tenant or occupier or other
person liable to pay or account for the rents and profits thereof, all the
powers and remedies of the mortgagor or encumbrancer in regard to
receipt and recovery of, and giving discharges for, the rents and
profits, shall be suspended and transferred to the mortgagee or
encumbrancee until the notice is withdrawn, or the mortgagee or
encumbrancee is satisfied, and a discharge thereof duly registered.
(2) In every such case, the receipt in writing of the mortgagee or
encumbrancee shall be a sufficient discharge for any rents and profits
therein expressed to be received, and no person paying the rents and
profits shall be bound to inquire concerning any default or other
circumstance affecting the right of the person giving the notice
beyond the fact of his or her being duly registered as mortgagee or
encumbrancee of the land.
(3) Nothing herein contained shall interfere with the effect of any rule,
order or judgment of the court in regard to the payment of rent under
the special circumstances of any case, or prejudice any remedy of the
mortgagor or encumbrancer against the mortgagee or encumbrancee
for wrongful entry or for an account.