The Principal Act is amended in Chapter 3 of Part 10 by substituting the following for section 97 -
"97.Taking possession
(1) Subject to section 98, a mortgagee shall not take possession of the mortgaged property without a court order granted under this section, unless the mortgagor consents in writing to such taking not more than 7 days prior to such taking.
(2) A mortgagee may apply to the court for an order for possession of the mortgaged property and on such application the court may, if it thinks fit, order that possession be granted to the applicant on such terms and conditions, if any, as it thinks fit.
(3) In granting, adjourning, varying, postponing, suspending or executing an order for possession of a mortgaged property in which the mortgagor ordinarily resides or attaching terms or conditions to such an order, the court shall have regard to all of the circumstances of the case, including the proportionality of the order or proposed order by reference to the considerations s
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