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StatuteProperty Law Act 2007

Section 177 — Property Law Act 2007: No defence or indemnity

Text of the provision Official document

177 No defence or indemnity (1) It is not a defence to a proceeding against a mortgagee for a breach of the duty imposed by section 176 that the mortgagee was acting as the agent of, or under a power of attorney from, the current mortgagor or any former mortgagor. (2) A mortgagee is not entitled to compensation or indemnity from the mortgaged property or from the current mortgagor, any former mortgagor, or any covenantor for any liability arising from a breach of the duty imposed by section 176 . (3) This section applies despite anything to the contrary in any instrument or in any rule of law. Compare: 1952 No 51 s 103B

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.