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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
Version 2 of 2

100. Power of sale.

(1) Subject to subsection (3) and sections 101 to 107, a mortgagee or any other person for the time being entitled to receive, and give a discharge for, the mortgage debt may sell or concur with any other person in selling the mortgaged property provided -

(a) following service of notice on the mortgagor requiring payment of the mortgage debt, default has been made in payment of that debt, or part of it, for 3 months after such service, or

(b) some interest under the mortgage or, in the case of a mortgage debt payable by instalments, some instalment representing interest or part interest and part capital is in arrears and unpaid for 2 months after becoming due, or

(c) there has been a breach by the mortgagor, or some person concurring in the mortgage, of some other provision contained in the mortgage or any statutory provision, including this Act, other than a covenant for payment of the mortgage debt or interest,

and provided in each such case 28 days' notice in the prescribed form has been served on the mortgagor warning of the possibility of such sale.