75Deceased mortgagee

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.