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StatuteProperty Law Act 2007

Section 128 — Property Law Act 2007: Notice must be given to current mortgagor of mortgaged goods of exercise of powers

Text of the provision Official document

128 Notice must be given to current mortgagor of mortgaged goods of exercise of powers (1) No amounts secured by a mortgage over goods are payable by any person under an acceleration clause, and no mortgagee or receiver may exercise any power to sell the mortgaged goods, by reason of a default, unless— (a) a notice complying with section 129 has been served (whether by the mortgagee or receiver) on the person who, at the date of the service of the notice, is the current mortgagor; and (b) on the expiry of the period specified in the notice, the default has not been remedied. (2) No mortgagee or receiver may exercise any power to sell the mortgaged goods, by reason of the goods being at risk, unless, not less than 10 working days before selling the goods, a notice in the prescribed form has been served (whether by the mortgagee or receiver) on the person who, at the date of the service of the notice, is the current mortgagor. (3) Subsections (1) and (2) are subject to sections 135 and 136 . (4) A notice required by this section may be given in the same document as a notice under section 118 .

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.