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Contents

Long Title

Part I PRELIMINARY

Part II SALES AND OTHER TRANSACTIONS

Contracts for sale

General words

Covenants for title

Execution of purchase deed

Part III LEASES

Forfeiture

Part IV MORTGAGES

Leases

Sale, insurance, receiver

Action respecting mortgage

Part V STATUTORY MORTGAGE

Part VI DEVOLUTION OF LAND ON DEATH

Part VII MARRIED WOMEN, ALIENS, CORPORATIONS

Part VIII INFANTS

Part IX RENTCHARGES

Part X POWERS OF ATTORNEY

Part XI CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS

Part XII POWERS

Part XIIA ACCUMULATIONS

Part XIII NOTICE

Part XIV ADOPTION OF ACT

Part XV MISCELLANEOUS

Part XVI PROCEDURE

THE SCHEDULE Forms Relating to Statutory Mortgages

Legislative History

 
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On 19/05/2013, you requested for the version in force on 19/05/2013 incorporating all amendments published on or before 19/05/2013. The closest version currently available is that of 15/03/1994.
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Action respecting mortgage
Sale of mortgaged property in action for foreclosure, etc.
30.
—(1)  Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of for redemption in an action brought by him either for redemption alone, or for sale alone, or for sale or redemption, in the alternative.
(2)  In any action, whether for foreclosure, or for redemption, or for sale, or for the raising and payment in any manner of mortgage money, the court, on the request of the mortgagee, or of any person interested either in the mortgage money or in the right of redemption, and notwithstanding the dissent of any other person, and notwithstanding that the mortgagee or any person so interested does not appear in the action, and without allowing any time for redemption or for payment of any mortgage money, may, if it thinks fit, direct a sale of the mortgaged property, on such terms as it thinks fit, including, if it thinks fit, the deposit in court of a reasonable sum fixed by the court, to meet the expenses of sale and to secure performance of the terms.
(3)  In an action brought by a person interested in the right of redemption and seeking a sale, the court may, on the application of any defendant, direct the plaintiff to give such security for costs as the court thinks fit, and may give the conduct of the sale to any defendant, and may give such directions as it thinks fit respecting the costs of the defendants or any of them.
(4)  In any case within this section, the court may, if it thinks fit, direct a sale without previously determining the priorities of incumbrancers.