85Mortgagee may apply to Recorder for order for foreclosure

85 Mortgagee may apply to Recorder for order for foreclosure

(1)  [Section 85 Subsection (1) amended by No. 23 of 2021, s. 73, Applied:01 Jan 2022] When default has been made for 180 days in the payment of any money secured by a registered memorandum of mortgage, the mortgagee may make application in writing to the Recorder for an order for foreclosure.

(2)  An application under subsection (1) shall state that –

(a) [Section 85 Subsection (2) amended by No. 23 of 2021, s. 73, Applied:01 Jan 2022] default has been made for 180 days in the payment of the money secured by a registered memorandum of mortgage;

(b) the land, estate, or interest mortgaged has been offered for sale at a lawfully conducted public auction;

(c) prior to the attempted sale by public auction, notice of intention to sell had been given to the mortgagor pursuant to section 77 , unless the notice of intention has been dispensed with in accordance with section 80 ;

(d) the amount of the highest bid at the sale was not sufficient to satisfy the money secured by the mortgage, together with the expenses occasioned by the sale; and

(e) notice in writing of the intention of the mortgagee to make an application for an order for foreclosure has been served on the mortgagor in the manner provided in the mortgage for service of notices, or posted on the mortgaged land, or left at the usual or last known place of abode of the mortgagor.

(3)  An application under subsection (1) shall be supported by a certificate of the person conducting the public auction at which the land was put up for sale, and such other proof of matters material to the application as the Recorder may require.

(4)  The statements made in an application under subsection (1) shall be verified by the statutory declaration of the applicant.