Section 109 — Property Law Act 2007: Redemption when mortgagee cannot be found, etc

109 Redemption when mortgagee cannot be found, etc (1) A mortgage over property may be discharged by a court under sections 110 and 111 or by Public Trust under section 112 if— (a) a person who is entitled to receive, or has received, payment of the amounts secured by the mortgage is out of the jurisdiction, cannot be found, or is dead; or (b) it is uncertain who is entitled to receive payment of the amounts secured by the mortgage. (2) If a mortgage is discharged under sections 110 to 112 , an amount eventually shown to be payable to the person entitled to receive payment of the amounts secured by the mortgage, over and above the amount received by that person, continues to be a debt owing by the current mortgagor, any former mortgagor, and any covenantor as if it were owing under a deed. (3) This section does not relieve any person of the obligation to comply with section 115 (if that section applies). Compare: 1952 No 51 s 87(1), (5)