40AFurther restrictions on rights of mortgagee

#### 40A Further restrictions on rights of mortgagee 40A Further restrictions on rights of mortgagee > Where, under the provisions of a mortgage to which the provisions of Part 2 of this Act apply, a mortgagee is empowered to expend moneys in payment of rates, taxes or insurance premiums or for the protection, preservation or benefit of the mortgaged property, and to add the amount of any such payments to the mortgage debt, and in pursuance of such provisions the mortgagee, after the commencement of the [Moratorium (Amendment) Act 1936](/view/pdf/asmade/act-1936-58), has expended or shall expend moneys in any such payments, the moneys so expended shall, unless such moneys were so expended with the consent in writing, or at the request in writing, of the mortgagor, be deemed not to be advances made or credits provided or given within the meaning of paragraph (h) of section eight or of paragraph (c) of subsection six of section thirty-four of this Act. > > **s 40A:** Ins 1936 No 58, sec 2 (j).