New South Wales Consolidated Acts
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CONVEYANCING ACT 1919 - SECT 94
Obligation on mortgagee to transfer instead of discharging
94 Obligation on mortgagee to transfer instead of discharging
(1) Where a mortgagor is entitled to redeem the mortgagor shall by virtue of
this Act have power to require the mortgagee instead of discharging, and on
the terms on which the mortgagee would be bound to discharge, to transfer the
mortgage to any third person as the mortgagor directs; and the mortgagee shall
by virtue of this Act be bound to transfer accordingly.
(2) This section does
not apply in the case of a mortgagee being or having been in possession.
This section applies to mortgages made either before or after the commencement
of this Act, and shall have effect notwithstanding any stipulation to the
(4) This section applies to mortgages under the Real Property Act
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