Section 107 — Property Law Act 2007: Application for order of court directing sale of mortgaged property

107 Application for order of court directing sale of mortgaged property (1) A person specified in subsection (2) may apply to a court for an order directing the sale of mortgaged property in any proceeding— (a) concerning the mortgage or the mortgaged property; or (b) brought for the purpose of obtaining the order. (2) The persons are— (a) the current mortgagor: (b) a former mortgagor: (c) a covenantor: (d) another person entitled to redeem the mortgaged property. (3) An application under this section must, unless the court orders otherwise, be served— (a) on the mortgagee; and (b) on any receiver appointed for the property; and (c) on the mortgagee under any other mortgage, and the holder of any other encumbrance, over the mortgaged property (whether or not it has priority over the mortgage in question) if that mortgage or other encumbrance— (i) is registered; or (ii) is unregistered, but the person applying to the court under this section has actual notice of it; and (d) in the case of mortgaged land, on any person who has lodged a caveat under section 137 of the Land Transfer Act 1952, or a notice under section 42 of the Property (Relationships) Act 1976 having the effect of a caveat, against the title to the land or any part of it; and (e) on every person, except the applicant, who would have been entitled to apply to the court under subsection (1). Compare: 1952 No 51 s 86(1), (2)