Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 100

100 Realisation of equitable charges by the court

(1) Where an order for sale is made by the court in reference to an equitable mortgage of land the court may, in favour of a purchaser, make an order vesting the land or may appoint a person to convey the land or create and vest in the mortgagee a legal estate in the land to enable the mortgagee to carry out the sale, as the case may require, in like manner as if the mortgage had been created by instrument or deed by way of legal mortgage, but without prejudice to any encumbrance having priority to the equitable mortgage unless the encumbrancee consents to the sale.

(2) This section applies to equitable mortgages whether made or arising before or after the commencement of this Act.