Div 3Mortgages and annuities

Division 3 — Mortgages and annuities

105. Mortgages and charges for annuities, creating 106

105AA. Mortgages lodged electronically 107

105A. Extension of mortgage, charge or lease 107

106. Mortgage or charge not to operate as transfer; default procedures 108

107. Written demand equivalent to written notice 110

108. Power to sell in cases of continuing default 110

109. Application of purchase money 111

110. Transfer after sale by mortgagee etc., effect of 112

111. Remedies of mortgagee or annuitant in cases of default 113

112. Further remedies of mortgagee or annuitant 113

112A. Abolition of power of distress 114

113. Covenants implied in mortgages 114

114. Mortgagee or annuitant of leasehold entering into possession become liable to lessor 115

115. Short form of covenant by mortgagor to insure 115

116. Rights of mortgagees generally 116

117. Mortgagor not to sue on cause of action available to mortgagee without mortgagee’s consent 116

118. Application of money obtained by mortgagor in action for waste of or damage to mortgaged lands 117

119. Mortgagee may seek court order as to money recovered by mortgagor in action 117

120. Application of moneys obtained by mortgagee in action 118

121. Foreclosure, application for order for 118

122. Application for foreclosure to be advertised 120

123. Discharge of mortgages and annuities 121

124. Mortgages etc. made before land brought under this Act 121

125. Entry of satisfaction of annuity 122

126. Payments under and discharge of mortgages when mortgagee absent from State etc. 122

127A. Subsequent mortgages or charges 123

128. Land brought under this Act subject to mortgage, rights of mortgagee etc. 124

128A. Another mortgagee may tender payment 125