Land Titles Act 1980
77Procedure in case of default
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77 Procedure in case of default
(1) [Section 77 Subsection (1) amended by No. 23 of 2021, s. 68, Applied:01 Jan 2022] Where default is made in the payment of any money secured by any registered mortgage or encumbrance, or in the observance of any covenant expressed or by this Act declared to be implied in any registered mortgage or encumbrance, and that default is continued for 30 days, or for such other period as may be expressly limited for that purpose in the mortgage or encumbrance, the mortgagee or encumbrancee may –
(a) give to the mortgagor or encumbrancer written notice in accordance with subsection (2) ; or
(b) leave that notice on the mortgaged or encumbered land or at the usual or last known place of abode in the State of the mortgagor or encumbrancer or other person claiming to be then entitled to the land.
(2) A notice referred to in subsection (1) shall –
(a) require the mortgagor or encumbrancer to pay the money then due or owing under the mortgage or encumbrance or to observe the covenants expressed or implied in the mortgage or encumbrance; and
(b) state that sale will be effected if default in payment of the money referred to in paragraph (a) , or in the observance of covenants referred to in that paragraph, is continued.
(3) A purchaser under a sale referred to in subsection (2) (b) shall not be bound to inquire whether default has been made or continued as provided in this section or whether the notice referred to in subsection (1) has been given, or otherwise as to the propriety or regularity of the sale of the land.
(4) [Section 77 Subsection (4) amended by No. 23 of 2021, s. 68, Applied:01 Jan 2022] Where the trustee of the mortgagor or encumbrancer under the law relating to bankruptcy has disclaimed, or has notified the Recorder that the trustee does not intend to claim, any land subject to mortgage or encumbrance, the mortgagee or encumbrancee, in lieu of giving notice to the mortgagor or encumbrancer as provided by this section, may publish in a newspaper a similar notice to all persons concerned.