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Version date: 30 March 2014 - onwards
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126. Enforcement of land mortgages.

(1) A land mortgage securing an agreement of one the following types is enforceable (so far as is provided in relation to the agreement) on an order of the court only -

(a) a regulated agreement;

(b) a regulated mortgage contract;

(c) a consumer credit agreement which would, but for article 60D of the Regulated Activities Order (exempt agreements: exemption relating to the purchase of land for non-residential purposes) [Articles 60C and 60D inserted into S.I. 2001/544 by S.I. 2013/1881.], be a regulated agreement.

(2) Subject to section 140A(5) (unfair relationships between creditors and debtors) [Inserted by the Consumer Credit Act 2006 (c.14), section 19; amended by S.I. 2013/1881.], a regulated mortgage contract which would, but for article 60C(2) of the Regulated Activities Order (exempt agreements: exemption relating to the nature of the agreement), be a regulated agreement is to be treated for the purposes of Part 9 (judicial control) as if it were a regulated agreement.

(3) In t

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