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Law of Property Act 2000
91Effect of conveyance on sale
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91 Effect of conveyance on sale
(1) A mortgagee exercising the power of sale conferred by this Act has,
in the case of unregistered land, power by deed or instrument in
writing to convey to and vest in the purchaser the property sold for
all the interest (including the legal interest) in it that the mortgagor
had power to dispose of freed from all interests and rights to which
the mortgage has priority but subject to all interests and rights that
have priority to the mortgage.
(2) If a mortgagee exercising the power of sale conferred by this Act
registers a transfer of the property sold under the Land Title
Act 2000, the interest of the mortgagor in the property passes to the
transferee freed and discharged from the mortgage and from all
interests and rights to which the mortgage has priority but subject to
all estates, interests and rights that have priority to the mortgage.