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StatuteProperty Law Act 2007

Section 188 — Property Law Act 2007: Application for sale under section 187

Text of the provision Official document

188 Application for sale under section 187 (1) A mortgagee who is entitled to sell mortgaged land may file an application for a sale under section 187 — (a) in the office of the High Court nearest, by the most practicable route, to the place where the land proposed to be sold is situated; or (b) if that land is situated in more than 1 place, in the office of the High Court nearest, by the most practicable route, to any of those places. (2) An application for a sale under section 187 — (a) must be in writing; and (b) must advise the Registrar of the name and address of the following persons if the vendor mortgagee has actual notice of the name and address of the person: (i) the current mortgagor: (ii) any former mortgagor: (iii) any covenantor: (iv) the mortgagee under any other mortgage or encumbrance over the land proposed to be sold (whether or not it has priority over the vendor mortgagee’s mortgage), if that other mortgage or encumbrance— (A) is registered; or (B) is unregistered but the vendor mortgagee has actual notice of it: (v) 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. Compare: 1952 No 51 s 99(1), (1A)

Official source: legislation.govt.nz

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