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Trustee Act 1925
75Deceased mortgagee
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75 Deceased mortgagee
(1) Subject to this section, where a mortgagee of land has died—
(a) if the land is under the Land Titles Act 1925—the Supreme
Court may make an order discharging the mortgage; and
(b) in any other case—the Supreme Court may order that the land
vests in anyone, in any way and for any estate that the court
directs.
(2) The order may only be made if—
(a) the mortgagee did not enter into possession, and the amount
owing under the mortgage has been paid to a person entitled to
receive the amount; or
(b) the person entitled to receive the amount consents to any order
for reconveyance of the land.
(3) The order may be made in any of the following cases:
(a) if the legal representative of the mortgagee is out of the
jurisdiction of the Supreme Court or cannot be found;
(b) if the legal representative of the mortgagee, on demand made by
or on behalf of a person entitled to require a conveyance of the
land has stated in writing that he or she will not convey the land
or does not convey the land for the space of 28 days next after a
proper deed for conveying the land has been tendered to him or
her by or on behalf of the person so entitled;
(c) if it is uncertain as to the legal representative of the mortgagee
whether he or she is living or dead;
(d) if there is no legal representative of a mortgagee who has died
intestate as to the land, or where the mortgagee has died and it
is uncertain who is his or her legal representative;
(e) if the court might have made a vesting order if this Act had not
been passed.
(4) The fact that the order is founded or purports to be founded on an
allegation of the existence of any of the matters mentioned in
subsection (3) shall be conclusive evidence of the matter in any court
upon any question as to the validity of the order.
(5) This section does not prevent the Supreme Court from—
(a) directing a reconveyance or the payment of costs incurred if the
order is improperly obtained; or
(b) making a further vesting order.