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What interest is acquired by the purchaser of the

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What interest is acquired by the purchaser of the mortgagee? S77(4) – upon registration any transfer shall vest in the purchaser free of any liability of the mortgage and their title shall not be impeachable on the basis that the sale was improperly exercises. Any person thereby damnified shall have his remedy in damages. What is the position of the purchaser prior to registration of that purchaser? In Vic we know that the mortgagor, knowing that the power has been improperly exercised cannot caveat. Can they get an injunction? 46
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Forsyth v Blundell Facts: Bs were the RPs. Gave mortgage to ASL which exercised the power of sale. Sued saying that the property had been sold under value ie improper exercise. Shell had not yet become registered. 47
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