Section 102 — Property Law Act 2007: Request to mortgagee to transfer mortgage

102 Request to mortgagee to transfer mortgage (1) The current mortgagor or any other person who is entitled to redeem the mortgaged property may, at any time (except a time when the mortgagee is in possession of the property), request the mortgagee to transfer the mortgage to a nominated person (except the current mortgagor). (2) A mortgagee under a subsequent mortgage or the holder of any other subsequent encumbrance may make a request under subsection (1) despite any intermediate interest. (3) A request made under subsection (1) by a person other than the current mortgagor prevails over a request made by the current mortgagor. (4) If 2 or more requests are made under subsection (1) by persons other than the current mortgagor, the request of the person whose interest has priority prevails. Compare: 1952 No 51 ss 82 , 83