Section Sch2-19 — Property Law Act 2007: Production of instruments of title
Text of the provision Official document
19 Production of instruments of title (1) The mortgagee is not bound to produce the certificate of title or other instruments of title to the mortgaged land or the mortgage— (a) while the mortgagor is failing to pay any amounts secured by the mortgage and then due; or (b) while the mortgagor is failing to perform or observe any covenant expressed or implied in the mortgage; or (c) for the purpose of any dealing concerning the land referred to in clause 11(1)(c) or (i) of these covenants to which the mortgagee has not consented; or (d) until the proper and reasonable costs of their production have first been paid to the mortgagee. (2) Subclause (1) does not apply if the mortgagee is required to produce the certificate of title or other instruments of title to the mortgaged land or the mortgage by a notice issued by the Registrar-General under section 211 of the Land Transfer Act 1952.
Official source: legislation.govt.nz
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