Unformatted text preview: law title, proceedings are brought in the Equity Division of the
Supreme Court. The court certifies the amount due and if the amount is not paid within the time specified, the mortgagor’s interest is foreclosed.
Under the Torrens system, the mortgagee must first put the land up for sale by public auction. If no
appropriate offer is received, an order for foreclosure may be made. Power of sale
The power of sale is the usual remedy exercised by a mortgagee against a defaulting mortgagor. The effect
of the exercise of the power of sale is to convey the fee simple to the purchaser free of the mortgagor’s
right of redemption. If the proceeds of sale are insufficient to clear the outstanding balance, the mortgagee may still sue the mortgagor for the balance.
In exercising a power of sale, the mortgagor will obviously be concerned with clearing the debt owed.
Since the exercise of that power will extinguish the mortgagee’s equity of redemption, the mortgagee
must have some regard to the mortgagor’s interests and tho...
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- Three '12
- CROWN, native title, National Native Title Tribunal