82Inspection and production of instruments

82 Inspection and production of instruments (1) While a mortgagor's right to redeem subsists, the mortgagor is entitled: (a) at reasonable times; (b) on making a request; (c) at the mortgagor's own cost; and (d) on payment or tender (by the mortgagor or the mortgagor's legal practitioner or conveyancing agent) of the mortgagee's proper costs and expenses, to inspect and to make or be supplied with copies or abstracts of, or extracts from, the documents of title or other documents relating to the mortgaged property in the possession, custody or power of the (2) If a mortgagor in respect of a mortgage of land executes, subsequent to the mortgage, an instrument or other document in relation to: (a) an authorised dealing with the land; or (b) a second or subsequent mortgage, the mortgagee or other person holding the certificate as to title, instrument of lease or other documents of title in respect of the land is: (c) on being requested in writing to do so by the mortgagor or a person entitled to the benefit of the subsequent instrument or document; (d) at the cost of the person making that request; and (e) on payment or tender to the mortgagee or other person of the mortgagee's or other person's proper costs and expenses, to produce the document or documents of title for lodgment in the Land Titles Office so that the subsequent instrument or document may be registered. Law of Property Act 2000 51 (3) If the mortgagee or other person fails to comply with a request made under subsection (2), the mortgagor or other person entitled to the benefit of the subsequent instrument or document concerned may make application to the Court for an order directed to the mortgagee or other person to appear before the Court and show cause why the document or documents of title should not be produced under that subsection. (4) If the mortgagee or other person fails to appear before the Court at the time appointed in the order, the Court may issue a warrant to arrest the mortgagee or other person and to detain him or her until he or she is brought before the Court for examination. (5) On the appearance before the Court of a person under subsection (3) or (4) and after examining that person on oath, the Court may: (a) order the person to deliver up the document or documents of title; or (b) order the Registrar-General to dispense with production of the document or documents of title to enable the subsequent instrument or document to be registered. (6) If a certificate as to title, an instrument of lease, or other document of title referred to in subsection (2) is lodged in the Land Titles Office, it is: (a) when the dealing or mortgage referred to in that subsection has been registered – to be redelivered to the mortgagee or other person authorised by the mortgagee to take delivery of the dealing or mortgage; and (b) while lodged in the Land Titles Office – not to be used or available for the purpose of registering any instrument, dealing or mortgage other than those referred to in subsection (2). (7) The execution or attempted execution of a second or subsequent mortgage does not: (a) constitute a breach of a term, covenant, condition or proviso for re-entry contained in a prior mortgage; (b) occasion any forfeiture or penalty; or (c) render payable or accelerate the time for payment of a sum that, if the second or subsequent mortgage had not been executed or the attempt to execute that mortgage had not been made, would not have been payable or would not have been payable at that time. Law of Property Act 2000 52 (8) A mortgagee whose mortgage is surrendered, discharged or otherwise extinguished is not liable by reason of delivering documents of title in the mortgagee's possession to the person not having the best right to the mortgage unless the mortgagee has notice of the right or claim of a person having a better right. (9) This section: (a) applies only to mortgages made after the commencement of (b) has effect despite any term of a mortgage to the contrary.