sec.135Realisation of equitable mortgage of land

### sec.135 Realisation of equitable mortgage of land This section applies if the court makes an order for sale in relation to an equitable mortgage of land. Without limiting section 134 or another power of the court, the court may make any of the following orders— an order creating and vesting a legal interest in the mortgagee to enable the mortgagee to carry out the sale as if the equitable mortgage were a legal mortgage; an order appointing a person to conduct the sale as if the equitable mortgage were a legal mortgage; an order vesting the land in a buyer as if the equitable mortgage were a legal mortgage. An order made by a court in relation to an equitable mortgage of land is without prejudice to any mortgage having priority to the equitable mortgage unless the mortgagee consents to the sale. (sec.135-ssec.1) This section applies if the court makes an order for sale in relation to an equitable mortgage of land. (sec.135-ssec.2) Without limiting section 134 or another power of the court, the court may make any of the following orders— an order creating and vesting a legal interest in the mortgagee to enable the mortgagee to carry out the sale as if the equitable mortgage were a legal mortgage; an order appointing a person to conduct the sale as if the equitable mortgage were a legal mortgage; an order vesting the land in a buyer as if the equitable mortgage were a legal mortgage. (sec.135-ssec.3) An order made by a court in relation to an equitable mortgage of land is without prejudice to any mortgage having priority to the equitable mortgage unless the mortgagee consents to the sale. - (a) an order creating and vesting a legal interest in the mortgagee to enable the mortgagee to carry out the sale as if the equitable mortgage were a legal mortgage; - (b) an order appointing a person to conduct the sale as if the equitable mortgage were a legal mortgage; - (c) an order vesting the land in a buyer as if the equitable mortgage were a legal mortgage.