sec.136Facilitation of redemption in case of absent or unknown mortgagee

### sec.136 Facilitation of redemption in case of absent or unknown mortgagee This section applies if land is subject to a mortgage and the person entitled to receive, or alleged to have received, payment of any money secured by the mortgage— is out of the jurisdiction; or is not known or can not be found; or is deceased and no personal representative is administering the deceased person’s estate; or is uncertain in identity. The court may, on the application of the person entitled to redeem the land, order— the amount of the debt secured by the mortgage to be determined in the way the court considers appropriate; and the amount of any outstanding debt under the mortgage, if any, to be paid into court. If an order is made under subsection (2) , and the person entitled to redeem the land pays the amount of any outstanding debt under the mortgage into court, the registrar of the court must give the person a certificate stating that— an order has been made under subsection (2) ; and no amount remains payable under the mortgage. The certificate operates to discharge the mortgage debt. However, as between the mortgagor and another person entitled to the mortgage debt, any amount shown by the other person entitled to the mortgage debt to have been in fact due or payable over the amount determined by the court under subsection (2) (a) , or paid into court under subsection (2) (b) , continues to be a debt due under the mortgage. If an amount is paid into court under subsection (2) (b) , the court must, on the application of the person entitled to the amount, order the amount to be paid to that person. However, subsection (6) applies only if— an instrument releasing the mortgage, capable of registration under the Land Act 1994 , section 342 or the Land Title Act 1994 , section 81 , is given to the person who paid the amount into court; or the court is satisfied the mortgage has been discharged. The certificate mentioned in subsection (3) — for a mortgage registered under the Land Act 1994 —is capable of registration under the Land Act 1994 , section 342 as a release of mortgage; and for a mortgage registered under the Land Title Act 1994 —is capable of registration under the Land Title Act 1994 , section 81 as an instrument releasing the mortgage; and for a mortgage under a Resource Act or another Act—has effect under that Act as a document signed by the mortgagee to the effect that the debt secured by the mortgage has been paid. For the purpose of effecting registration under subsection (8) (b) , the registrar may dispense with the publication of any notice or the doing of any other act required under the Land Title Act 1994 . This section does not limit or otherwise affect the Public Trustee Act 1978 , section 61 . (sec.136-ssec.1) This section applies if land is subject to a mortgage and the person entitled to receive, or alleged to have received, payment of any money secured by the mortgage— is out of the jurisdiction; or is not known or can not be found; or is deceased and no personal representative is administering the deceased person’s estate; or is uncertain in identity. (sec.136-ssec.2) The court may, on the application of the person entitled to redeem the land, order— the amount of the debt secured by the mortgage to be determined in the way the court considers appropriate; and the amount of any outstanding debt under the mortgage, if any, to be paid into court. (sec.136-ssec.3) If an order is made under subsection (2) , and the person entitled to redeem the land pays the amount of any outstanding debt under the mortgage into court, the registrar of the court must give the person a certificate stating that— an order has been made under subsection (2) ; and no amount remains payable under the mortgage. (sec.136-ssec.4) The certificate operates to discharge the mortgage debt. (sec.136-ssec.5) However, as between the mortgagor and another person entitled to the mortgage debt, any amount shown by the other person entitled to the mortgage debt to have been in fact due or payable over the amount determined by the court under subsection (2) (a) , or paid into court under subsection (2) (b) , continues to be a debt due under the mortgage. (sec.136-ssec.6) If an amount is paid into court under subsection (2) (b) , the court must, on the application of the person entitled to the amount, order the amount to be paid to that person. (sec.136-ssec.7) However, subsection (6) applies only if— an instrument releasing the mortgage, capable of registration under the Land Act 1994 , section 342 or the Land Title Act 1994 , section 81 , is given to the person who paid the amount into court; or the court is satisfied the mortgage has been discharged. (sec.136-ssec.8) The certificate mentioned in subsection (3) — for a mortgage registered under the Land Act 1994 —is capable of registration under the Land Act 1994 , section 342 as a release of mortgage; and for a mortgage registered under the Land Title Act 1994 —is capable of registration under the Land Title Act 1994 , section 81 as an instrument releasing the mortgage; and for a mortgage under a Resource Act or another Act—has effect under that Act as a document signed by the mortgagee to the effect that the debt secured by the mortgage has been paid. (sec.136-ssec.9) For the purpose of effecting registration under subsection (8) (b) , the registrar may dispense with the publication of any notice or the doing of any other act required under the Land Title Act 1994 . (sec.136-ssec.10) This section does not limit or otherwise affect the Public Trustee Act 1978 , section 61 . - (a) is out of the jurisdiction; or - (b) is not known or can not be found; or - (c) is deceased and no personal representative is administering the deceased person’s estate; or - (d) is uncertain in identity. - (a) the amount of the debt secured by the mortgage to be determined in the way the court considers appropriate; and - (b) the amount of any outstanding debt under the mortgage, if any, to be paid into court. - (a) an order has been made under subsection (2) ; and - (b) no amount remains payable under the mortgage. - (a) an instrument releasing the mortgage, capable of registration under the Land Act 1994 , section 342 or the Land Title Act 1994 , section 81 , is given to the person who paid the amount into court; or - (b) the court is satisfied the mortgage has been discharged. - (a) for a mortgage registered under the Land Act 1994 —is capable of registration under the Land Act 1994 , section 342 as a release of mortgage; and - (b) for a mortgage registered under the Land Title Act 1994 —is capable of registration under the Land Title Act 1994 , section 81 as an instrument releasing the mortgage; and - (c) for a mortgage under a Resource Act or another Act—has effect under that Act as a document signed by the mortgagee to the effect that the debt secured by the mortgage has been paid.