sec.134Court may order sale of mortgaged property in proceeding for redemption or foreclosure

### sec.134 Court may order sale of mortgaged property in proceeding for redemption or foreclosure The court may order the sale of mortgaged property if a person entitled to redemption of the mortgaged property brings a proceeding for either or both of the following in relation to the property— sale; redemption. Also, the court may order the sale of mortgaged property if— a person brings a proceeding for any of the following in relation to the property— sale; redemption; foreclosure; the raising or payment in any way of mortgage money; and the mortgagee, or another person interested in the mortgage money or right of redemption, requests the sale of the property. Subsection (2) applies even if— another person dissents; or the mortgagee, or another person interested in the mortgage money or right of redemption, does not appear in the proceeding. In making an order under subsection (2) , the court is not required to allow time for redemption or for payment of any mortgage money. Without limiting subsection (1) or (2) , the court may also make any of the following orders— an order that the mortgagee deposit in court a reasonable sum fixed by the court to meet the expenses of sale and to secure performance of the terms of sale; an order giving the conduct of the sale to a respondent in the proceeding; an order vesting the mortgaged property in a buyer; for an equitable mortgage—an order creating and vesting a legal interest in the mortgagee to enable the mortgagee to carry out the sale as if the mortgage were a legal mortgage. The court may order a sale of mortgaged property under subsection (1) or (2) without previously determining the priorities of mortgages. In this section— mortgaged property includes the interest the mortgagee would have power to transfer if the power of sale under this Act were applicable. (sec.134-ssec.1) The court may order the sale of mortgaged property if a person entitled to redemption of the mortgaged property brings a proceeding for either or both of the following in relation to the property— sale; redemption. (sec.134-ssec.2) Also, the court may order the sale of mortgaged property if— a person brings a proceeding for any of the following in relation to the property— sale; redemption; foreclosure; the raising or payment in any way of mortgage money; and the mortgagee, or another person interested in the mortgage money or right of redemption, requests the sale of the property. (sec.134-ssec.3) Subsection (2) applies even if— another person dissents; or the mortgagee, or another person interested in the mortgage money or right of redemption, does not appear in the proceeding. (sec.134-ssec.4) In making an order under subsection (2) , the court is not required to allow time for redemption or for payment of any mortgage money. (sec.134-ssec.5) Without limiting subsection (1) or (2) , the court may also make any of the following orders— an order that the mortgagee deposit in court a reasonable sum fixed by the court to meet the expenses of sale and to secure performance of the terms of sale; an order giving the conduct of the sale to a respondent in the proceeding; an order vesting the mortgaged property in a buyer; for an equitable mortgage—an order creating and vesting a legal interest in the mortgagee to enable the mortgagee to carry out the sale as if the mortgage were a legal mortgage. (sec.134-ssec.6) The court may order a sale of mortgaged property under subsection (1) or (2) without previously determining the priorities of mortgages. (sec.134-ssec.7) In this section— mortgaged property includes the interest the mortgagee would have power to transfer if the power of sale under this Act were applicable. - (a) sale; - (b) redemption. - (a) a person brings a proceeding for any of the following in relation to the property— (i) sale; (ii) redemption; (iii) foreclosure; (iv) the raising or payment in any way of mortgage money; and - (i) sale; - (ii) redemption; - (iii) foreclosure; - (iv) the raising or payment in any way of mortgage money; and - (b) the mortgagee, or another person interested in the mortgage money or right of redemption, requests the sale of the property. - (i) sale; - (ii) redemption; - (iii) foreclosure; - (iv) the raising or payment in any way of mortgage money; and - (a) another person dissents; or - (b) the mortgagee, or another person interested in the mortgage money or right of redemption, does not appear in the proceeding. - (a) an order that the mortgagee deposit in court a reasonable sum fixed by the court to meet the expenses of sale and to secure performance of the terms of sale; - (b) an order giving the conduct of the sale to a respondent in the proceeding; - (c) an order vesting the mortgaged property in a buyer; - (d) for an equitable mortgage—an order creating and vesting a legal interest in the mortgagee to enable the mortgagee to carry out the sale as if the mortgage were a legal mortgage.