SALE OF HOUSE BY MORTGAGEE

Question 1

COURT ODER

Answer 1

• court order not necessary but preferable

- s36 can be used as defence by mortgagor only when mortgagee has already began proceedings Ropaigealach 1999

Question 2

SELLING THE HOUSE

Answer 2

• again no need for order but preferable
• can have express power of sale (check deed)
• if they don’t then it will be through implication s101 1 i LPA 25
• in order for mortgagee to sell using statutory powers then it must:
• Arise - s101 LPA
• And Be exercisable s103 LPA IS

Question 3

POWER OF SALE: ARISEN

Answer 3

• s101 a power of sale has arisen if:
  1) - s101(1) LPA mortgage has been made by deed (registered s52) check deed has been validly executed
  2) - s101(4) LPA there are no provisions excluding power of sale
  3) - s101(1) (i) LPA the mortgage money has become due (refer to timings and mortgage deed)

Question 4

POWER OF SALE: EXERCISABLE

Answer 4

• one of these conditions is met:
• 1) mortgagee has served notice mortgagor requiring payment of the mortgage money and has failed to pay 3 months after receiving notice
• 2) or interest under mortgage is 2 months or more in arrears
• 3) or mortgagor is in breach of some other covenant in the mortgage deed

More than one may apply in problem question