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StatuteProperty Law Act 2007

Section 130 — Property Law Act 2007: Copy of notice under section 128 must be served on former mortgagor, covenantor, and subsequent mortgagee

Text of the provision Official document

130 Copy of notice under section 128 must be served on former mortgagor, covenantor, and subsequent mortgagee (1) A copy of the notice served under section 128 must, as soon as possible, be served (whether by the mortgagee or receiver) on the following persons if either the mortgagee or receiver has actual notice of the name and address of the person: (a) any former mortgagor: (b) any covenantor: (c) any mortgagee under a subsequent mortgage, and any holder of any other subsequent encumbrance, over the mortgaged goods if— (i) the subsequent mortgage or other subsequent encumbrance is registered; or (ii) the subsequent mortgage or other subsequent encumbrance is unregistered, but either the mortgagee or receiver has actual notice of it. (2) A failure to comply with this section does not prevent— (a) any amounts secured by the mortgage from becoming payable; or (b) the exercise of a power to sell the mortgaged goods. (3) However, if there is a failure to comply with this section, the mortgagee is liable in damages for any loss arising from that failure.

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.